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...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...More
In March 2013, the Governments of Australia and New Zealand entered into an Arrangement for Trans-Tasman Regulation of Patent Attorneys (Arrangement). The Arrangement aimed to provide a joint registration regime for patent attorneys to practise in Australia and New Zealand. The Arrangement...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The Bill updates or removes outdated administrative provisions across Commonwealth legislation...More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...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...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...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...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...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...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...More
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...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...More
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...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)...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. ...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...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...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...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...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...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...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...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.
...More
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,...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.
...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...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...More
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...More
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...More
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...More