Australia's inquiry into IP system reflects TPP concerns

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's inquiry into IP system reflects TPP concerns

The government's Productivity Commission announced today that it is opening a public inquiry about the IP laws, including how these laws interact with the country's trade obligations

The Commission, an advisory body within the Treasury, will conduct the 12-month long inquiry into whether current IP laws "provide an appropriate balance between access to ideas and products, and encouraging innovation, investment and the production of creative works".

According to the announcement, the Commission will look into the following issues:

· Incentives for innovation and investment, including freedom to build on existing innovation

· Australia's international trade obligations

· The relative contribution of intellectual property to the Australian economy

· The economy-wide and distributional consequences of recommendations, including their impacts on trade and competition

· Ensuring the intellectual property system will be efficient and robust through time, in light of economic changes

· How proposed changes fit with, or may require changes to, other existing regulation or forms of assistance

· The relevant findings and recommendations of recently completed reviews.

Some of these issues are particularly timely given the controversy surrounding the Transpacific Partnership (TPP). The call for an assessment of the country's international trade obligations and the IP laws of trade partners makes sense in light of reports that the US and Australia are in disagreement over the length of data exclusivity periods for biologics. US law provides 12 years of exclusivity and is seeking the same, but Australia has said it would only go for five per its current law, given concerns about increased drug costs for its national healthcare system.

This inquiry on the IP system is one of several coming from the Australian government in the last year. In June, IP Australia (the patent office) published a report finding that there was little proof that the country's innovation patents, similar to utility model patents elsewhere, encouraged research and development or increased use of the IP system. And in March, the Competition Policy Review finalised its report on the country's competition laws, which included an analysis of the interplay between competition law and intellectual property. It recommended several things, including the repeal of Section 51(3) of the Competition and Consumer Act 2010, which provides limited exemptions for the exercise of IP rights and is sometimes targeted as an unnecessary hindrance to licensing. The review also recommended relaxing many of the restrictions to parallel importation, citing the high prices Australians pay for largely identical goods in comparison to consumers elsewhere, even when the goods are digital.

more from across site and SHARED ros bottom lb

More from across our site

Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
Intellectual property, M&A and competition partners are also advising on the deal, which will see Netflix acquire the film and television studios of Warner Bros
Sheppard Mullin’s Jennifer Ayers reviews modifications to the rules of practice for IPR petitions and considers what practitioners need to know
News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Gift this article