Draft IP Regulations Released As Part Of Response To The Productivity Commission Inquiry

Following the release of the exposure draft of the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2018 (CTH) (‘the Bill’), IP Australia has released the exposure draft of the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2018 (CTH) (‘the Regulations’) for public comment.

The Bill has been discussed in a previous TimeBase article.

The Regulations

The Regulations will make amendments to the Patents Regulations 1991 (CTH) and Designs Regulations 1991 (CTH). Generally, Part 1-3 of the Regulations will make amendments in regards to:

• Phasing out the innovation patent system
• Crown use of patents and designs
• Compulsory licensing

Parts 4-7 of the Regulations will amend translation procedures of patent documents file with IP Australia and make other technical amendments to improve current patent and design regulations, specifically in regards to translations, fees, extension of time and application, transitional and savings provisions.

Overall the Regulations will also streamline processes in regards to obtaining and maintaining intellectual property rights whilst ensuring Australia’s continued compliance with international intellectual property treaties.

The Regulations are to be made following the assent of the Bill.

Comments on the draft Regulations are welcome by all interested parties, submissions close on 21 December 2018. IP Australia is particularly interested in responses which identify possibly unintended consequences of these regulations, or issues with the drafting of these regulations. Submissions should be sent to consultation@ipaustralia.gov.au.

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The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2018 (CTH) and supporting materials, available from TimeBase's LawOne service.