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Australia

Intellectual Property Laws Amendment (Raising the Bar) Act 2012

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Australia

Year of current version:2012
Date of entry into force of original text:April 13, 2013
Date of Text (Enacted):April 15, 2012
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Copyright and Related Rights (Neighboring Rights), Industrial Designs, Industrial Property, Patents (Inventions), Plant Variety Protection, Trademarks
Notes:
The Intellectual Property Laws Amendment (Raising the Bar) Act was enacted on April 15, 2012, and came into force in its entirety on April 15, 2013.
This Act has included the amendments to the Copyright Act 1968, the Patents Act 1990, the Trade Marks Act 1995, the Plant Breeder's Rights 1994, and the Designs Act 2003. The amendments have been divided into 6 schedules.
Schedule 1 raises the quality of granted patents, bringing the new standards and requirements for patent specifications be more closely aligned with international standards.
Schedule 2 provides the free access to patented inventions for regulatory approvals and research. It introduces two patent infringement exemptions, relating to experimental use and non-pharmaceutical regulatory activity, which ensures experimentation and approval for generic manufacturers not to be delayed and negatively impacted by patents. These patent infringement exemptions allows researchers and manufacturers to work without worrying about patent litigation.
Schedule 3 reduces delays in resolution of patent and trade mark applications. It restricts the procedures for patent and trade mark oppositions and patent divisional applications.
Schedule 4 provides operational assistance to the IP profession, which allows Australian patent and trademarks attorneys to incorporate and recognises professional privilege across national borders. This gives the attorneys greater freedom in their business.
Schedule 5 aims to improve mechanisms for trademarks and copyright enforcement. It increases the penalties for trademarks infringement and facilitates border seizures of counterfeit and pirated goods, bringing the Australian system into line with their major trading partners, particularly the US and Europe.
Schedule 6 simplifies the IP system by removing the procedural hurdles and streamlining the application process. These changes are designed to restructure the Australia's current IP laws and to make the IP system easier in a global setting.
Available Texts: 
English

Intellectual Property Laws Amendment (Raising the Bar) Act 2012 Intellectual Property Laws Amendment (Raising the Bar) Act 2012, Complete document (pdf) [710 KB]

Related Legislation:
WIPO Lex No.:AU317

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