Australia

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

Year of Version:2015
Date of Text (Issued):June 17, 2015
Type of Text:Implementing Rules/Regulations
Subject Matter:Industrial Designs, IP Regulatory Body, Patents (Inventions), Trademarks
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: 
English

Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015, Complete document (pdf) [763 KB]

Related Legislation:
Related Treaties:
WIPO Lex No.:AU410

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