Australian IP system simplified

The Australian Government’s Intellectual Property Laws Amendment Act 2015, which passed the Senate this week, introduces changes which are said to simplify aspects of Australia’s intellectual property (IP) system.

“This new legislation will streamline business between Australia and New Zealand by simplifying the process for innovators seeking to patent the same invention in both countries,” said the Hon Karen Andrews MP, Parliamentary Secretary to the Minister for Industry and Science.

“It allows for a single patent attorney regime and a single patent application and examination process, making it easier for businesses to protect their IP in both countries.”

Beneficiaries of the new system include plant breeders, who will now have simpler and more cost-effective means of enforcing their rights in the Federal Circuit Court, as well as people in developing countries who face life-threatening illnesses such as malaria, HIV/AIDS or tuberculosis.

“Generic drug manufacturers will now be able to apply to Australia’s Federal Court for permission to manufacture patented drugs - drugs that would otherwise be too costly - and then export the medicine to a developing country facing a health crisis,” Andrews said.

“This reflects Australia’s role as a good international citizen and meets our commitment to implement the protocol amending the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property.”

The government says the Act will ensure Australian businesses have less red tape to deal with when protecting their IP; make it cheaper and easier to enforce certain IP rights; and make it simpler for developing countries to get help in dealing with major public health crises.

More information about the Act can be found at www.ipaustralia.gov.au.