Closed consultations

  • Raising the Bar

    The  IP Laws Amendment (Raising the Bar) Act 2012  is Australia's biggest intellectual property (IP) system overhaul in twenty years. The legislative reforms aimed to strike a balance between public and private interests and provide a more robust framework to support and encourage innovation. The Raising the Bar Act addressed the following six key areas: Raising the quality of granted patents: Australia patentability standards are now more closely aligned to... More
    Closed 4 April 2011
  • Pharmaceutical Patents Review Issues Paper and Draft Report

    On 15 October 2012, the Hon Mark Dreyfus QC MP, announced a review of pharmaceutical patents. The review is to examine whether Australia’s patent system is effective in securing timely access to competitively priced pharmaceuticals and in supporting innovation and employment in the industry. An important part of the review is to examine the Australian provisions for extending the terms of eligible pharmaceutical patents. The Review Panel issued a background paper , with... More
    Closed 1 May 2013
  • Proposed patents objects clause and patentability exclusion

    In November 2011, the Government responded to three reports on gene patents and patentable subject matter: Senate Community Affairs References Committee Gene Patents Report Advisory Council on Intellectual Property report Patentable Subject Matter Australian Law Reform Commission report Genes and Ingenuity: Gene Patenting and Human Health. The Government accepted recommendations to amend the Patents Act 1990 to introduce: an objects clause to... More
    Closed 27 September 2013
  • Intellectual Property Laws Amendment Act 2015 and Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015

    The Intellectual Property Laws Amendment Act 2015 (Amendment Act) amended the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003, and the Plant Breeder's Rights Act 1994 to: implement the Protocol amending the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Protocol), enabling Australian medicine producers to manufacture and export patented pharmaceuticals to countries experiencing health crises,... More
    Closed 7 February 2014
  • Plant Breeder's Rights Advisory Committee

    The Plant Breeder’s Rights Advisory Committee (PBRAC) was abolished with effect from 21 February 2018, when the Statute Update (Smaller Government) Act 2018 amended the Plant Breeder's Rights Act 1994 (PBR Act). The change however has no effect on the newly established Plant Breeder’s Rights Consultation Group. The abolishment of PBRAC follows a 2014 recommendation by the National Commission of Audit (the Commission) to rationalise agencies, boards and committees as part of... More
    Closed 31 October 2014
  • IP Toolkit

    The IP Toolkit was developed to offer guidance and provide the tools necessary to simplify and improve discussions around IP in research collaborations. The IP Toolkit contains guides and tools to help researchers and businesses use and manage intellectual property (IP) in collaborations. Consultation From 24 March 2014 to 30 May 2014, the Department of Industry and Science and IP Australia released a discussion paper and ran roundtable consultation sessions regarding a... More
    Closed 20 February 2015
  • Streamlining IP processes and supporting small business

    In 2015, we conducted a consultation on proposals to streamline IP processes and support small business. A consultation paper and costings paper were released seeking public comment on the proposals by 7 April 2015. Why are we doing this? Some of the processes for obtaining, maintaining and challenging the four intellectual property (IP) rights are overly complex or do not balance the legitimate interests of all parties. This creates costs for businesses dealing with the IP... More
    Closed 15 April 2015
  • Expanded use of automated processes

    In 2015 we conducted a consultation on a proposal for expanding our automated processes investigating ways to align and streamline our processes, improve service delivery and reduce unnecessary delays. This will make administration of the system more efficient for users and for us. We released a consultation paper seeking public input on the proposals which closed on 15 July 2015. More
    Closed 15 July 2015
  • Advisory Council on Intellectual Property’s (ACIP) recommendation on the innovation patent system

    In May 2015, the Advisory Council on Intellectual Property (ACIP) released a statement updating its position on the future of the innovation patent, recommending that the government should consider abolishing the innovation patent system. IP Australia undertook further consultation on ACIP’s revised recommendation along with its report on the Review of the Innovation Patent System published 16 June 2014. IP Australia released a consultation paper to seek feedback from interested... More
    Closed 28 September 2015
  • Examination practice following the High Court decision in D'Arcy v Myriad Genetics Inc [2015] HCA 35

    On 7 October 2015 the High Court delivered judgement in D'Arcy v Myriad Genetics Inc [2015] HCA 35 . The decision related to Myriad's patent (686004) on the isolated nucleic acid encoding the BRCA1 mutant polypeptide and to methods of testing for the presence of mutations of the representative BRCA1 gene, and thus an increased likelihood of developing breast or ovarian cancer. The High Court was asked to decide whether claims 1-3, directed to the isolated BRCA1 nucleic acid, defined... More
    Closed 6 November 2015
  • Proposed regulations for a trans-Tasman patent attorney regime

    In 2009, the then-Prime Ministers of Australia and New Zealand agreed to accelerate efforts towards trans-Tasman regulatory integration as part of the broader Single Economic Market (SEM) agenda. Background information about the SEM agenda is available on our  Global Engagements page . An IP component of the SEM outcomes was establishing a single trans-Tasman regulatory framework for patent attorneys. This was implemented by Schedule 4 to the  Intellectual Property Laws Amendment... More
    Closed 24 June 2016
  • How should Australia protect Indigenous Knowledge?

    In 2012 IP Australia in conjunction with then Department of the Arts commenced consultations about the role of Australia’s intellectual property (IP) system in protecting indigenous knowledge. IP Australia published written submissions and case studies addressing the intersection between Indigenous Knowledge and IP; calling for outstanding submissions to be made by 31 January 2016. These submissions highlighted key issues. As the initial phase of work on IK for IP Australia, input from... More
    Closed 31 December 2016
  • Intellectual Property Laws Amendment 2017

    From 23 November 2016 to 6 February 2017, IP Australia sought public comment on the Exposure Draft of the Intellectual Property Laws Amendment Bill 2017 and the Exposure Draft of the Intellectual Property Laws Amendment Regulations 2017. The exposure draft legislation aimed to align and streamline the processes for obtaining, maintaining and challenging intellectual property (IP) rights. Thank you for your contributions and submissions to the consultation.  Exposure... More
    Closed 6 February 2017
  • Several intellectual property (IP) matters arising from Productivity Commission report on IP arrangements

    Overview of consultation From 30 August to 17 November 2017, IP Australia sought public comment on five IP policy matters. Four of these formed part of IP Australia’s proposed implementation of the Government’s response to the Productivity Commission’s 2016 report on Australia’s IP arrangements (PC report), and one relates to a trade marks issue. For ease of access, the papers are available individually at the links below, and as a single document... More
    Closed 17 November 2017
  • Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act and Regulations 2018

    The  Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018  (the Act) received Royal Assent on 24 August 2018. The  Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018  (“the Regulations”) was registered on the Federal Register of Legislation on 16 October 2018. The Act was the first piece of legislation implementing the Government’s response ... More
    Closed 4 December 2017
  • Hague Agreement for designs

    Hague Agreement Economic Analysis The Australian Government previously agreed that IP Australia would investigate the implications of Australia joining the Hague Agreement for industrial designs. The Hague Agreement allows designers to file into 70 territories through a single application. IP Australia has undertaken an economic analysis which explores the costs and benefits to Australia of joining the Hague Agreement. This draft analysis is published below and is intended... More
    Closed 31 May 2018
  • Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act and Regulations 2018

    The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 (the Act) received Royal Assent on 26 February 2020. The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2020 (2020 Regulations) were registered on the Federal Register of Legislation on 3 April 2020. The Act was the second piece of legislation implementing the Government’s... More
    Closed 21 December 2018
  • 2018-19 Indigenous Knowledge Consultations

    From September 2018 to 1 February 2019 IP Australia sought comments from stakeholders with an interest in how Indigenous Knowledge is protected, used and managed. Our aim was to identify policy options that relate to the IP responsibilities of IP Australia and help to promote the cultural integrity and economic potential of Indigenous Knowledge. More information can be found in our  consultation paper . A summary of the feedback we received in this consultation was released in... More
    Closed 1 February 2019
  • Trade Marks Amendment (Division of International Registrations and Other Measures) Regulations 2019

    Early in 2019, IP Australia sought public comment on the exposure draft of regulations to amend the Trade Marks Regulations 1995 to allow division of International Registrations Designating Australia (“division of IRDAs”). That consultation is detailed below. Consultation on the exposure draft regulations From 17 January to 1 March 2019, IP Australia sought public comment on the exposure draft of the Trade Marks Amendment (Division of International Registrations and Other... More
    Closed 1 March 2019
  • Fee review 2019-2020

    We last reviewed our fees in the 2015-16 financial year. IP Australia’s 2019-2020 fee review reflects our commitment to ensuring our cost recovery arrangements continue to be in line with the Australian Government Charging Framework and that our fees are consistent, transparent and recover the costs associated with administering the IP rights system. More
    Closed 16 May 2019
  • Implementing accepted recommendations from ACIP’s Review of the Designs System

    From 31 October to 20 December 2019 we sought your views on policy issues that would implement accepted recommendations from the former Advisory Council on Intellectual Property’s (ACIP) Review of the Designs System . This consultation has now closed. IP Australia is also undertaking a more holistic review of the designs ecosystem, as part of the Designs Review Project . ACIP’s 2015 Report outlined that the Designs Act 2003... More
    Closed 20 December 2019
  • Customer Service Charter review

    IP Australia is committed to delivering world leading IP services that are modern, effective and efficient and ensure all Australians benefit from great ideas. Our Customer Service Charter provides an overview of how we will meet customer expectations for IP rights administration. Our aim is to continuously improve and ensure our customers are satisfied with our services. We are reviewing it so that our service commitments are aligned to your expectations. More
    Closed 6 March 2020
  • Designs Amendment (Advisory Council on Intellectual Property Response) Act and Regulations 2021

    From 23 July 2020 to 28 August 2020 we sought your views on an exposure draft of the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 and the Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2020 (collectively the ‘draft legislation’) along with the accompanying draft Explanatory Memorandum and draft Explanatory Statement (collectively the ‘explanatory material’). Explanatory material accompanies legislation... More
    Closed 28 August 2020
  • Patents Manual of Practice and Procedure (PMPP) Evaluation - survey for IP Professionals

    IP Australia is evaluating our Patent Manual of Practice and Procedure (PMPP) and we are looking to understand how you use the Manual, how useful it is, and how it could be improved. The aim of the evaluation is to develop a framework of principles to develop the PMPP into a reference document that: Has improved accuracy and consistency of content that will improve the users’ experience and ability to find relevant information. Provides... More
    Closed 27 November 2020
  • Australia-European Union Free Trade Agreement: Consultation on a Possible New Geographical Indications Right

    The Australian Government has opened public consultations on a possible new geographical indications (GI) right. In June 2018 the Australian Government launched negotiations for a comprehensive and ambitious Free Trade Agreement (FTA) with the European Union (EU). Securing improved access to the European market through the FTA will deliver new trade and investment opportunities across Australia, including for our rural and regional areas. In... More
    Closed 30 November 2020
  • Enhance and Enable - Indigenous Knowledge Consultations 2021

    Our  Enhance and Enable Indigenous Knowledge Consultation Report 2021 is now available. This summarises stakeholder feedback and next steps. In our report, we are pleased to be able to feature the painting "Yuliyin Marradhal Yandhul" meaning Past, Present and Future created for IP Australia by Dalmarri Pty Ltd. In our 2021 consultations we sought feedback on four options to enhance Australia’s IP system to support Aboriginal and Torres Strait Islander peoples to benefit from and... More
    Closed 31 May 2021
  • Proposed changes to UPOV Explanatory Notes on Essentially Derived Varieties

    IP Australia is participating in the International Union for the Protection of New Varieties (UPOV) working group established to consider revisions to the Explanatory Notes on Essentially Derived Varieties under the 1991 Act of the UPOV Convention. The proposed changes , drafted by the UPOV Office at the request of the working group, would change the guidance on the provisions of the UPOV Convention concerning essentially derived varieties (EDVs). The guidance is to assist UPOV members... More
    Closed 6 October 2021
  • Designs Instruments Consultation

    Introduction Currently, after a design application has met its minimum filing requirements it proceeds to a formalities assessment. For these assessments, design applications are currently dealt with in part by the requirements in Schedule 2 of the Designs Regulations 2004. Schedule 2 will soon be repealed. Schedule 6 of the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 provides the Registrar of Designs with the... More
    Closed 30 November 2021
  • Regulator Performance Omnibus Bill 2022

    The Australian Government has released the draft Regulator Performance Omnibus Bill, and is calling for submissions to ensure it is informed by business and community expectations of regulators. The Bill updates or removes outdated administrative provisions across Commonwealth legislation that impose unnecessary regulatory burden, and prevent regulators from engaging with business and supporting compliance in a modern and flexible way. The Bill includes amendments to the Trade... More
    Closed 14 January 2022
  • Trans-Tasman IP Attorneys Board Regulation Reform Public Consultation

    In March 2013, the Governments of Australia and New Zealand entered into an Arrangement for Trans-Tasman Regulation of Patent Attorneys . The Arrangement aimed to provide a joint registration regime for patent attorneys to practise in Australia and New Zealand. The Arrangement included commitments by both Governments to implement the regime. Consistent with the Arrangement, legislation was passed by the Australian Government creating a joint patent attorney profession, as well as... More
    Closed 2 February 2022
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