Changes to IP laws explained

Recently the 'Raising the Bar' Bill was passed into law in the Australian Parliament, heralding an improvement in IP management in Australia by providing more certainty for researchers and harmonising patent management with international standards.

The ‘Intellectual Property Laws Amendment (Raising the Bar) Bill 2011’ provides a number of changes, and the following is a summary from IP Australia of the six key points:

1. Raising the quality of granted patents: the Bill raises the standards for the grant of patents. The new standards will be more closely aligned with international standards, giving innovators more certainty when applying for protection overseas.

2. Free access to patented inventions for regulatory approvals and research: the Bill makes sure that experimentation and approval for (non-pharmaceutical) generic manufacturers is not delayed or negatively impacted by patents. This gives certainty to researchers and manufacturers and allows them to work without worrying about patent litigation.

3. Reducing delays in resolution of patent and trade mark applications: the Bill tightens up the procedures for patent and trade mark oppositions and patent divisional applications. This removes the option to exploit the system by delaying the process.

4. Assisting the operations of the IP profession: the Bill allows Australian patent and trade mark attorneys to incorporate. This gives them greater freedom in their business.

5. Improving mechanisms for trade mark and copyright enforcement: the Bill increases the penalties for trade mark infringement, bringing the Australian system into line with our major trading partners. Other changes will make it harder for counterfeiters, by improving the system for confiscating goods at the border.

6. Simplifying the IP system: the Bill gets rid of unnecessary hurdles and simplifies the application process. These changes are designed to make the IP system easier to use in a global setting.

The reforms in the Bill are expected to support new technology in areas such as healthcare, food and the environment, while giving confidence to Australian exporters that their IP rights will protect their innovations overseas and give innovators more confidence that their patent rights will withstand legal challenges.

The research exemption will allow researchers to conduct their research with the certainty that they aren't infringing on the patent rights of others.

View the full explanation or view the full text of the Bill.