Skip Ribbon Commands
Skip to main content

Raising the Bar Bill clears its last hurdle

On 20 March 2012, the Raising the Bar Bill cleared its last hurdle when it was passed by the House of Representatives.

The passing of the Bill – formally known as the Intellectual Property Laws Amendment (Raising the Bar) Bill 2012 – heralds a new phase in Australian intellectual property law and practice.

While the majority of the provisions of the Bill will not come into force until 12 months from the date of assent (i.e. not before March 2013), when the provisions do commence, they will bring about some significant and interesting changes to a range of IP laws.  In particular, the Bill will:

  • simplify, streamline and remove delays which currently exist in making and prosecuting patent and trade mark applications;
  • raise the standards of patentability for patents; and
  • enhance procedures for the enforcement of IP rights.

Notably, the following provisions will commence the day after the Bill is assented to:

  • the exemption to patent infringement for activities undertaken for the purposes of research or for gaining regulatory approval (extended to non-pharmaceutical patents); and
  • an amendment to section 226 of the Patents Act which will make it clear that copyright in a patent specification will not be infringed once the specification is open to public inspection.

Click here for our previous alert which includes a summary of key changes to patent and trade mark laws.

Click here to read the Bill in full.

Author(s)

 

 Key contact(s)

 
 

 Local Contact(s)