Law Council of Australia

Business Law Section

Intellectual property productivity reforms

Submission Date: 24 December 2025

Throughout the course of this year, the Intellectual Property Committee of the Business Law Section of the Law Council of Australia (the “Committee”) has been considering priority reforms to the intellectual property system to bolster productivity growth. The Committee noted with interest your letter dated 31 July 2025 to the Treasurer and the Minister for Finance on the same topic.

In Schedules 1 and 2 respectively, the Committee has attached documents setting out some proposed reforms to trade mark law and design law which the Committee considers would be desirable to enhance productivity and ensure greater consistency between the various intellectual property regimes. Specifically, the Committee has sought to identify reforms which the Committee expects are unlikely to be particularly contentious or complex to implement, on the basis that it may be possible to implement these changes through legislation in the coming year (subject to the Government’s legislative priorities). These documents can be useful to either support or supplement the reform ideas that were outlined in the letter dated 31 July 2025.

The Law Council continues to work on similar documents about other areas of intellectual property law, and will provide these once finalised.

Last Updated on 27/02/2026

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