Intellectual Property Laws Amendment Bill 2006
The Intellectual Property Laws Amendment Bill 2006, amending the Patents Act 1990, the Trade Marks Act 1995, the Designs Act 2003, the Plant Breeder’s Rights Act 1994 and the Olympic Insignia Protection Act 1987, was introduced into the House of Representatives on March 30, 2006.
The Bill gave effect to some outstanding recommendations of the Government’s response to Intellectual Property and Competition Review Committee’s (IPCRC) report Review of the Intellectual Property Legislation under the Competition Principles Agreement and the Advisory Council on Intellectual Property’s (ACIP) report Review of Enforcement of Industrial Property Rights.
It also implemented wider spring-boarding provisions than those available at the time by allowing spring-boarding on any pharmaceutical patent at any time.
Spring-boarding refers to using the subject matter of a patent to collect the data required to obtain regulatory approval of a generic version of the product to which the patent relates, during the life of the patent.
Other amendments made by the Bill:
- Give effect to the some outcomes of the recently concluded trade marks legislation review
- Allow the Registrar of Trade Marks to revoke the registration of trade marks in certain circumstances providing a quick and inexpensive means of addressing incorrectly registered trade marks
- Amend the Trade Marks Act to make publicly available the majority of documents that relate to particular trade marks
- Make a number of minor, technical and administrative amendments to the above Acts to correct some technical errors and to ensure that the legislation functions as intended.
The Bill and the EM (Explanatory Memorandum) are available on-line at BillsNet - www.aph.gov.au/ParlInfo/BillsNet/main.htm.
The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) is the peak professional body representing Australian patent and trade mark attorneys.
Phone Australia: 03 9819 2004. Email: mail@ipta.org.au
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Intellectual Property Laws Amendment Bill 2006
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