New Intellectual Property Regulations Complement Raising the Bar Act

The Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) (No 31 of 2013) (CTH) was notified on the Federal Register of Legislative Instruments on 18 March 2013. This regulation complements the current amendments due to commence on 15 April 2013 by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (CTH).

The regulation is a result of key reform consultations by IP Australia focusing on the shortcomings in the reforms proposed by the Act. It implements the Raising the Bar Act by prescribing requirements under the provisions amended by the Raising the Bar Act and by specifying the administrative and technical details required to give effect to the policy of the Raising the Bar Act.

In particular, the regulation:

• Amends the Patents Regulations 1991 to to remake or modify the existing regulations consequential to the modifications to the Patents Act 1990 to bring Australian patent law into closer conformity with international standards.

• Amends the Patents Regulations 1991 and Trade Marks Regulations 1995 to reduce delays in the resolution of patent and trade marks applications.

• Amends the Patents Regulations 1991 and Trade Marks Regulations 1995 regarding the regulation of the patent attorney and trade marks attorney professions and enabling practise as a corporate structure; and

• Amends the Copyright Regulations 1969 and the Trade Marks Regulations 1995 regarding the Australian Customs and Border Protection Services' procedures for dealing with imports that are suspected of infringing IP rights.

The Regulations also simplify filing and other administrative aspects under all the intellectual property regulations.

The purpose of these legislative reforms is to strike a balance between public and private interests, according to IP Australia. This is intended to provide Australia’s IP system with a more robust framework to support and encourage innovation.

Click here to read more about the Act.

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