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

Australia · Law · Department of Industry, Science and Resources

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Our summary

This Australian federal legislation implements responses to Productivity Commission recommendations and introduces various modifications to intellectual property laws. It amends multiple acts covering patents, trademarks, designs, plant breeders' rights, and copyright to reform administrative and procedural requirements. The changes address parallel importation, plant variety protection, trademark registration periods, and patent notification procedures.

Written by the Index in our own words. It is not legal advice; the official text is the authority.

Inside this policy

Every section of this policy in order. Our notes summarise each one in plain language and do not quote the official text, which is the authority.

Drafted by the Index An automated summary of the official text, not yet reviewed by a person.Reviewed Checked by a person against the official text.

36 sections

Schedule 1 Responses to the Productivity Commission

Part 1 Parallel importation

This part amends intellectual property legislation to address parallel importation, with amendments to relevant statutes and associated saving and application provisions.

Drafted by the Index

Division 1 Amendments

Division 2 Saving and application provisions

Part 2 Plant Breeder's Rights and other measures

This section encompasses multiple parts that amend the Plant Breeder's Rights Act 1994, Trade Marks Act 1995, and Patents Act 1990, covering essentially derived varieties, trademark non-use removal, standard patent extension notification, and trademark application filing requirements.

Drafted by the Index

Division 1 Amendments

Division 2 Application and saving provisions

Part 3 Filing requirements

This part modifies filing requirements under intellectual property law, with amendments to relevant legislation and provisions for application, saving and transitional matters.

Drafted by the Index

Division 1 Amendments

Division 2 Application, saving and transitional provisions

Part 4 Signatures

Part 5 Computerised decision-making

Part 6 Addresses and service of documents

Part 7 Requirements for patent documents

Part 8 Unjustified threats of infringement

This part reforms the law concerning unsubstantiated infringement threats, with amendments to relevant statutes and associated application and saving provisions.

Drafted by the Index

Division 1 Amendments

Division 2 Application and saving provisions

Part 9 Ownership of PBR and entries in the Register

Part 10 Trade mark oppositions

Part 11 Further power to award damages under the Plant Breeder’s Rights Act

Part 12 Exclusive licensees in the Plant Breeder’s Rights Act

Part 13 Publishing personal information of registered patent or trade marks attorneys

This part governs the disclosure of registered patent and trademark attorneys' personal information, with amendments affecting the relevant legislation and associated application provisions.

Drafted by the Index

Division 1 Amendments

Division 2 Application provisions

Part 14 Secretary’s role in the Plant Breeder’s Rights Act

Part 15 Seizure notices

This part addresses seizure notice procedures in intellectual property enforcement, with amendments to applicable law and associated application provisions.

Drafted by the Index

Division 1 Amendments

Division 2 Application provisions

Part 16 Prosecutions

Division 1 Amendments

Division 2 Application provision

Part 17 Updating references to Designs Act

Part 18 Removing certain references to New Zealand

Part 19 International Convention for the Protection of New Varieties of Plants

Part 20 Other amendments

Part 21 Repeals of Acts

Controls

What this policy requires, forbids, grants or penalises, one control at a time and in our own words. Each control links to the official text, which is the authority. This is not legal advice.

Drafted by the Index Drafted automatically from the official text, not yet reviewed by a person.Reviewed Checked by a person against the official text.

Themes covered 1 of 35

Choose a theme to see only its controls. About the themes

Risk and scope 1 of 4

  • Risk classification, not covered
  • Risk management system, not covered
  • Impact assessment, not covered

Data and privacy 0 of 4

  • Data governance and quality, not covered
  • Data subject rights and consent, not covered
  • Cross-border data transfer, not covered
  • Copyright and training data, not covered

Transparency and records 0 of 4

  • Transparency and disclosure to users, not covered
  • Labelling of synthetic content, not covered
  • Technical documentation, not covered
  • Record keeping and logging, not covered

Technical safeguards 0 of 4

  • Human oversight, not covered
  • Accuracy, robustness and cybersecurity, not covered
  • Bias and non-discrimination, not covered
  • Testing and evaluation, not covered

Assurance and lifecycle 0 of 4

  • Conformity assessment and certification, not covered
  • Registration and notification, not covered
  • Incident and breach reporting, not covered
  • Post-market monitoring and corrective action, not covered

Rights and protected groups 0 of 4

  • Automated decision-making rights, not covered
  • Children and vulnerable groups, not covered
  • Biometric identification and surveillance, not covered
  • Whistleblowing, complaints and redress, not covered

Roles and organisation 0 of 6

  • Supply chain and provider-deployer duties, not covered
  • General purpose and foundation models, not covered
  • Accountability and governance roles, not covered
  • Training and AI literacy, not covered
  • Public sector use and procurement, not covered
  • Innovation support and sandboxes, not covered

Enforcement and sectors 0 of 5

  • Enforcement, penalties and regulators, not covered
  • Sector rules: health, not covered
  • Sector rules: finance and insurance, not covered
  • Sector rules: employment, not covered
  • Sector rules: education, not covered

1 control

Group by

Part 8 1 control

  1. ProhibitionApplies to: AnyoneDrafted by the Index

    This part reforms legal protections against unsubstantiated threats of intellectual property infringement across relevant statutes.

    Part 8

Change history

No changes recorded since we began monitoring this policy.