The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 received Royal Assent and became law on 15 April 2012. The Bill was passed by the House of Representatives on 20 March 2012. The Bill becomes law 12 months from Royal Assent but there are some infringement exemptions which are already in force.
The new provisions introduce a number of reforms to Australia’s IP system, and are intended to encourage innovation by supporting investment in research and technology. The act will impact all of Australia’s IP regimes, including the Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968, Designs Act 2003 and Plant Breeders’ Rights Act 1994.
IP Australia have advised that they are working with the Office of Legislative Drafting and Publishing on draft Regulations amendments to implement the changes in the Act.
IP Australia expect to have an exposure draft of the amendments completed toward the middle of the year which will be open for public consultation.