IP Australia is undertaking a fee review during the 2023-24 financial year. The aim of this review is to assess the entity’s cost recovery arrangements, in accordance with the Australian Government Charging Framework, and to ensure IP Australia’s fees are consistent, transparent and recover the costs associated with administering the IP Rights system in Australia.
IP Australia reviews its fees every 4 years, with our last fee review having been undertaken in the 2019-20 financial...More
As part of our ongoing work on plant breeder’s rights (PBR) reform , IP Australia has published six independent reports from the University of Queensland (UQ) on the plant breeder’s rights (PBR) system. The reports make several recommendations for potential reform to the PBR system. We are currently considering the recommendations.
The reports cover the following topic areas:
Information Notice Scheme
Exhaustion of PBR
...More
As part of the Australian Government commitment to establish stand-alone legislation to protect Indigenous Knowledge, its Indigenous Knowledge Working Group is conducting a scoping study on potential elements of stand-alone legislation that would support Aboriginal and Torres Strait Islander peoples to protect and commercialise their Indigenous Knowledge (IK).
IK includes Traditional Knowledge (TK) such as know‐how, practices, techniques and skills, and...More
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
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The Bill updates or removes outdated administrative provisions across Commonwealth legislation that impose unnecessary regulatory burden, and prevent regulators from engaging with business and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
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
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
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
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
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
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
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.
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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
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.
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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
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
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
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
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
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
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
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
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
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
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
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.
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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
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
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
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