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Intellectual Property Laws Amendment (Raising the Bar) Act 2012, Australia

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Year of Version 2013 Dates Entry into force: April 15, 2013 Adopted: April 15, 2012 Type of Text Main IP Laws Subject Matter Patents (Inventions), Industrial Designs, Trademarks, Plant Variety Protection, Copyright and Related Rights (Neighboring Rights), Industrial Property 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 allow 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 Main text(s) Main text(s) English Intellectual Property Laws Amendment (Raising the Bar) Act 2012 PDF HTML
Related Legislation Is amended by (1 text(s)) Is amended by (1 text(s))
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 (AU376)
Is implemented by (2 text(s)) Is implemented by (2 text(s))
Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 (AU410)
Code of Conduct for Patent and Trade Marks Attorneys 2013 (AU374)
Is superseded by (1 text(s)) Is superseded by (1 text(s))
Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (consolidated as of June 3, 2014) (AU505)

WTO Document Reference
IP/N/1/AUS/4
IP/N/1/AUS/C/7-IP/N/1/AUS/I/13

WIPO Lex No. AU317