Proposed regulations for a trans-Tasman patent attorney regime

Overview

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 Act 2015 and by these regulations. 

The Intellectual Property Laws Amendment Act 2015  received the Royal Assent on 25 February 2015.  

Consultation:  

From 4 December 2014 to 15 February 2015, IP Australia consulted the public about proposals for the SEM regulations and invited written submissions. 

From 4 May to 24 June 2016, IP Australia sought public comment on an Explanatory Statement and Exposure Draft of regulations to amend the Patents Regulations 1991, the Trade Marks Regulations 1995, the Designs Regulations 2004, and the Plant Breeder’s Rights Regulations 1994 to allow for a single trans-Tasman patent attorney regime by establishing: 

• the general operation of patent attorney regulations in Australia and New Zealand 

• registration requirements for patent attorneys 

• transitional arrangements 

• provisions for service of documents (‘address for service’) 

• the Trans-Tasman IP Attorneys Board 

• the Trans-Tasman IP Attorneys Disciplinary Tribunal 

• disciplinary arrangements for pre-commencement conduct in New Zealand. 

Thank you for your contributions and submissions to the consultation.