Australia seeks public submissions on proposed IP amendments

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia seeks public submissions on proposed IP amendments

IP Australia is seeking comments on the implementation of proposed changes that will bring the New Zealand and Australia patent regimes closer together

Australa and New Zealand

IP Australia's consultation paper outlines the new system, which would affect not only the regulation of the patent attorney profession but also create a single application process (SAP) as well as a single examination process for those patent applications (SEP).

This particular consultation focuses on the proposed changes for the implementation of the trans-Tasman patent attorney regime that will cover both countries. It also provides a brief overview of the proposed system allowing for filers to submit just one patent application for both countries as well as allow a patent examiner in either Australia or New Zealand to examine the application to determine whether to grant patents for that application in both countries.

Submissions are due February 15 and may be sent to consultation@ipaustralia.gov.au.

Some of the proposed amendments include treating the New Zealand Qualifications Framework as equivalent to the Australian Qualification Framework rather than as an overseas qualification, and reconstituting the current Professional Standards Board for Patent and Trade Marks Attorneys as the new Trans-Tasman IP Attorneys Board. Proposed transitional changes include allowing New Zealand-registered patent attorneys to register as Australian trade mark attorneys even though New Zealand currently does not have trade mark attorneys as a profession.

The consultation paper notes that there will be a separate consultation on the SAP and SEP provisions.

These proposed changes are part of Intellectual Property Laws Amendment Bill 2014, which was introduced in the House of Representatives earlier this year and passed on November 24. The bill also received its second reading in the Senate the next day. Compared to the Raising the Bar Amendments which came into effect in April 2013, the changes in this bill are relatively minor.

In addition to this consultation, IP Australia is also seeking public comments on an exposure draft of amendments to the regulations related to Intellectual Property Laws Amendment Bill 2014. Like comments concerning the trans-Tasman patent attorney regime, submissions are due February 15 and may be sent to consultation@ipaustralia.gov.au.

For more, see Managing IP's previous coverage of this bill.

more from across site and SHARED ros bottom lb

More from across our site

A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
Gift this article