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Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018

 Latest Version in WIPO Lex
Year of Version 2019 Dates Adopted: August 24, 2018 Type of Text Main IP Laws Subject Matter Patents (Inventions), Industrial Designs, Trademarks, Plant Variety Protection, Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, IP Regulatory Body Notes Schedule 1, Parts 2 and 4 and Schedule 2, Parts 1, 4, 5, 13, and 15-21 of the Act entered into force on August 25, 2018 (on the day after the Act receives the Royal Assent).
Schedule 1, Parts 2 and 3, and Schedule 2, Parts 2, 3, 6-12, and 14 entered into force on February 24, 2019.

The notification by Australia to the WTO under article 63.2 of TRIPS states:
'The Act (and Regulations - see separate notification) implements the first part of the Australian Government's response to the Productivity Commission's 2016 report into Australia's IP arrangements. In particular, the Act makes the following changes:
• Amends the Trade Marks Act 1995 to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark, and make a consequential amendment to the Copyright Act 1968 to repeal a provision which is redundant as a result.
• Amends the Trade Marks Act 1995 to change the time period that must elapse before certain non-use actions of trade mark can be taken.
• Amends the Plant Breeder's Rights Act 1994 to close a loophole to improve how essentially derived variety declarations can be made for plant breeder's rights.
• Amends the Patents Act 1991 to remove a requirement for patentees to provide certain data relating to pharmaceutical patents with an extended term.
• Amends the Trade Marks Act 1991, Designs Act 2003, Patents Act 1990 and Plant Breeders Rights Act 1994 to implement a number of measures intended to streamline and harmonize the administration of the Australian IP system.'

Available Texts Main text(s) Main text(s) English Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 PDF HTML
Related Legislation Amends (6 text(s)) Amends (6 text(s))
Copyright Act 1968 (consolidated as of July 1, 2022) (AU612)
Patents Act 1990 (consolidated as of August 26, 2021)  (AU610)
Designs Act 2003 (consolidated as of February 27, 2020) (AU595)
Olympic Insignia Protection Act 1987 (consolidated as of July 1, 2020) (AU601)
Trade Marks Act 1995 (consolidated as of February 27, 2020) (AU597)
Plant Breeder's Rights Act 1994 (consolidated as of February 24, 2019) (AU564)
 Is implemented by (1 text(s)) Is implemented by (1 text(s))
Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018 (AU593)
Related Treaties
WTO Document Reference
IP/N/1/AUS/E/2
IP/N/1/AUS/D/8
IP/N/1/AUS/P/13
IP/N/1/AUS/19
IP/N/1/AUS/C/25
IP/N/1/AUS/I/23
IP/N/1/AUS/T/12
WIPO Lex No. AU499