Intellectual Property Laws Amendment Act 2015 and Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015

Overview

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, under a compulsory licence from the Federal Court
• extend the jurisdiction of the Federal Circuit Court to include plant breeder's rights matters
• allow for a single trans-Tasman patent attorney regime, as part of the broader Single Economic Market (SEM) agenda
• repeal unnecessary document retention provision in the Patents, Trade Marks and Designs Acts
• correct oversights in the drafting of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.

For detailed information on the Amendment Act, please see the Explanatory Memorandum to the Intellectual Property Laws Amendment Bill 2014. 

The Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015  (Amendment Regulation) made regulation amendments to implement the Amendment Act.

The regulation amendments to implement the single trans-Tasman patent attorney regime were made by the Intellectual Property Legislation Amendment (Single Economic Market and Other Measures) Regulation 2016. Details of the consultation on those regulation amendments are linked here.

Consultation

From 16 January to 7 February 2014, IP Australia consulted the public on an exposure draft of the Bill that became the Amendment Act, inviting written submissions. Thirteen submissions were received, which were generally supportive of the Bill. 

From 4 December 2014 to 15 February 2015, IP Australia consulted the public on an exposure draft of the Amendment Regulation, inviting written submissions. No formal submissions were made. 

Draft legislation and explanatory materials

Consultation paper - Draft Intellectual Property Laws Amendment Bill 2014

Explanatory Memorandum to the exposure draft Amendment Bill 2014

Exposure draft Amendment Bill 2014

Explanatory Statement to exposure draft amendment regulation 2014

Exposure draft amendment regulation 2014

Previous consultations on policy measures in the legislation

IP Australia previously consulted on policy measures in this legislation as follows:

• 2012 – an exposure draft bill without the SEM initiatives
• 2011 – a single trans-Tasman regulatory framework for patent attorneys
• 2010 – implementing the TRIPS Protocol.

Please contact IP Australia if you wish to access the consultation material and any public submissions to those previous consultations.

What happens next

Compulsory licensing for the manufacture and export of patented pharmaceutical inventions

From 25 August 2015, Australian pharmaceutical manufacturers can apply to the Federal Court of Australia for a compulsory licence to manufacture generic versions of patented medicines to supply to developing countries in need. The manufacturers would then be able to supply drugs that would otherwise not be available, to help people in developing countries who face life-threatening illnesses such as malaria, HIV/AIDS or tuberculosis. 

This reflects Australia’s role as a good international citizen, and delivers on the Australian Government’s commitment to implement the Protocol amending the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property (the TRIPS Protocol) 

The Guide to patented pharmaceutical invention PPI provides general information on compulsory licenses for the manufacture and export of patented pharmaceutical inventions to developing countries.