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Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015, Australia

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Repealed Text 
Year of Version 2015 Dates Adopted: June 17, 2015 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions), Industrial Designs, Trademarks, IP Regulatory Body Notes The provisions of the Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 ('Amendment Regulation') commences at different time (see section 2 for further details):
- Schedule 1 enters into force on August 25, 2015;
- Schedule 2 enters into force when two thirds of WTO Members accept the TRIPS Protocol;
- Schedule 4 commences at the same time as items 9 to 17 of Schedule 5 to the Intellectual Property Laws Amendment Act 2015, which commences on a single day to be fixed by Proclamation, but in any case commences no later than August 25, 2015.
- Schedules 3, 5 and 6 enter into force on June 20, 2015.

The notification by Australia to the WTO under article 63.2 of TRIPS states:
'The Amendment Regulation provides for the implementation of the TRIPS Protocol and the 2003 General Council Decision (WT/L/540 and WT/L/540/Corr.1).
Schedules 1 and 2 further implement the TRIPS Protocol, which Australia formally accepted on 12 September 2007.
Schedule 1 of the Amendment Regulation amends the Patents Regulations 1991 to implement the WTO General Council Decision of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration of the TRIPS Agreement and Public Health.
Schedule 2 of the Amendment Regulation amends the Patents Regulations 1991 to complete Australia's implementation of the TRIPS Protocol, once it comes into effect.

Schedule 3 of the Amendment Regulation amends the Designs Regulations 2004, the Trade Marks Regulations 1995 and the Patents Regulations 1991 to remove unnecessary document retention provisions.

Schedule 4 of the Amendment Regulation amends the Patents Regulations 1991 to correct a number of drafting oversights associated with the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.

Schedule 5 of the Amendment Regulation amends the Designs Regulations 2004, the Patents Regulations 1991, and the Trade Marks Regulations 1995 to make minor technical amendments.

Schedule 6 of the Amendment Regulation amends the Patent Regulations 1991 to specify when the amendments made by Schedule 1, items 2 to 3 of Schedule 4, and item 6 of Schedule 5 of the Amendment Regulation will apply.'

Available Texts Main text(s) Main text(s) English Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 PDF HTML
Legislation Implements (1 text(s)) Implements (1 text(s))
Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (AU317)
 Is repealed by (1 text(s)) Is repealed by (1 text(s))
Legislation Act 2003 (consolidated as of February 24, 2019) (AU569)
Treaties
WTO Document Reference
IP/N/1/AUS/C/18
IP/N/1/AUS/9
IP/N/1/AUS/D/7
IP/N/1/AUS/P/12
IP/N/1/AUS/T/11
WIPO Lex No. AU410