Intellectual Property Point-in-Time Updates

The Intellectual Property Point-in-Time Service has been updated to include the Regulatory Reform Omnibus Act 2026 (Cth) (Act No 87 of 2026).

Act 87 of 2026

This Act amends various Acts, including the Trade Marks Act 1995 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth) to make regulatory improvements for businesses by simplifying business reporting obligations, adding targeted safeguards for businesses that rely on intellectual property (IP) processes and easing administrative processes for plant breeders and importers. The amendments are as follows:

• Part 1 amends the Trade Marks Act 1995 (Cth) to broaden the regulation-making power for the awarding of costs in contested proceedings before the Registrar of Trade Marks. 
• Part 2 amends the Trade Marks Act 1995 (Cth) and the Patents Act 1990 (Cth) to provide a regulation making power to close the re-registration loophole for patent and trade marks attorneys. 
• Part 3 amends the Plant Breeder's Rights Act 1994 (Cth) to provide a grace period for payment of renewal fees for Plant Breeder’s Rights (PBR).
• Part 4 amends the Trade Marks Act 1995 (Cth) so that references in the Act and its regulations to the Madrid Protocol are as in force for Australia from time to time. Part 4 also inserts a regulation-making power to apply, adopt or incorporate a matter from the Regulations under the Madrid Protocol as in force from time to time.
• Part 4 also amends the Trade Marks Act 1995 (Cth) so that the classes of goods and services for trade mark registration are the classes in the Classification established under the Nice Agreement, as in force for Australia from time to time.

These amendments have been updated in the Point-in-Time Intellectual Property Service current to 28 October 2026. (NB: Subscription required).

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