IP Australia’s Public Consultation Papers
The submission to Intellectual Property (IP) Australia’s consultation process, in relation to the implementation of the Government’s response to the Productivity Commission’s (PC) 2016 report on Australia’s IP arrangements was prepared by the Law Council.
IP Australia has issued five papers (Consultation Papers) upon which it has sought input.
As the administrator of intellectual property rights and legislation relating to patents, trade marks, designs and plant breeder’s rights, IP Australia is uniquely positioned to consider and contribute to any debate on innovation by virtue of its experience in these areas. Its role as adviser to the Government on IP issues has been heightened following the dissolution of the former Advisory Council on Intellectual Property (ACIP).
This document encompasses two separate submissions in response to many of those issues identified within Consultation Papers. These submissions have been prepared by the Intellectual Property Committee (IPC) of the Business Law Section of the Law Council of Australia, and the Queensland Law Society (QLS).
Submissions provided by the IPC can be found at Part A of this document, and have been prepared in response to the following matters raised in Consultation Papers 2, 3 and 4 respectively:
- Introduction of an objects clause into the Patents Act 1990;
- Crown use of patents and designs; and
- Compulsory licensing of patents.
Submissions provided by the QLS can be found at Part B of this document, and have been prepared in response to the following matters raised in Consultation Papers 3 and 4 respectively:
- Crown use of patents and designs; and
- Compulsory licensing of patents.
Whilst the IPC and QLS generally agree on those issues that are commonly addressed in their respective submissions, these bodies have adopted different approaches in responding to the Consultation Papers and at times have provided contributions offering distinct insights with differences occurring in certain instances.
You can read the full submission below.