38 results
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WIPO Design Law Treaty
The Riyadh Design Law Treaty is important for Australia, because it aims to minimise regulatory burdens and simplify access to international markets for Australian designers of all sizes. Key outcomes include: Consistent grace periods, allowing designers 12 months after first publicly disclosing their design to file an application without affecting the design's validity for registration. Reservations are available for contracting parties whose law does not yet comply. ... MoreClosed 22 September 2024 -
Indigenous Knowledge Panel Pilot
IP Australia supports the cultural integrity and economic potential of Indigenous Knowledge (IK) held by Aboriginal and Torres Strait Islander peoples, and is committed to ensuring that Aboriginal and Torres Strait Islander peoples are fully considered within the intellectual property (IP) system. To do this, we need to ensure our policy positions and procedures are directly informed by the views of Aboriginal and Torres Strait Islander peoples. To assist in achieving our commitments and... MoreClosed 7 August 2024 -
WIPO IGC Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge
In May 2024, WIPO will host a Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge. This page includes some useful information about this process. We want to hear from anyone interested in international conversations on Indigenous Knowledge (IK) and Intellectual Property (IP), especially Aboriginal and Torres Strait Islander Peoples , Indigenous industry peak bodies, and IP or IK experts. Key updates: ... MoreClosed 3 May 2024 -
Fee Review 2023/2024 Draft CRIS Consultation
IP Australia conducts a review of its fees every 4 years, with the last one occurring in the 2019/20 financial year. Reviewing our fees forms part of the organisation's commitment to ensuring our cost recovery arrangements are in line with the Australian Government Charging Framework. Initial public consultation on our fees and fee structure opened on 24 May 2023 and feedback was accepted until 2 July 2023. All submissions were considered and workshopped by business... MoreClosed 21 January 2024 -
Enhancing Australian Design Protection
As part of our commitment to providing Australians with a modern and accessible design rights system, IP Australia is progressing a program of reforms. Between 13 June and 13 August 2023, we conducted a public consultation to explore how the design rights system could accommodate non-physical or virtual products and select parts of products, and provide flexibility for designers in protecting their designs as they evolve. People from design-related professions and industries around... MoreClosed 13 August 2023 -
Fee Review 2023/2024
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... MoreClosed 2 July 2023 -
Plant Breeder's Rights - University of Queensland independent research reports
From 21 December 2022 to 14 April 2023, IP Australia sought stakeholder’s views on six independent reports from the University of Queensland (UQ) on the plant breeder’s rights (PBR) system. The reports explored the following issues: Information Notice Scheme Exhaustion of PBR Harvested material Labelling requirements Plant variety names and synonyms ... MoreClosed 14 April 2023 -
Scoping Study on Stand-alone Legislation for Indigenous Knowledge
A Final Report on a scoping study into stand-alone legislation to protect Indigenous Knowledge is now available. The scoping study documents can all be downloaded here . This Final Report completes a scoping study overseen by the cross-department Indigenous Knowledge Working Group (IKWG) on potential elements of stand-alone legislation that would support Aboriginal and Torres Strait Islander peoples to protect and commercialise their Indigenous Knowledge... MoreClosed 9 November 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... MoreClosed 2 February 2022 -
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... MoreClosed 14 January 2022 -
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... MoreClosed 30 November 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... MoreClosed 6 October 2021 -
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... MoreClosed 31 May 2021 -
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... MoreClosed 30 November 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... MoreClosed 27 November 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... MoreClosed 28 August 2020 -
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. MoreClosed 6 March 2020 -
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... MoreClosed 20 December 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. MoreClosed 16 May 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... MoreClosed 1 March 2019 -
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... MoreClosed 1 February 2019 -
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... MoreClosed 21 December 2018 -
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... MoreClosed 31 May 2018 -
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 ... MoreClosed 4 December 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... MoreClosed 17 November 2017 -
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... MoreClosed 6 February 2017 -
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... MoreClosed 31 December 2016 -
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... MoreClosed 24 June 2016 -
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... MoreClosed 6 November 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... MoreClosed 28 September 2015
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