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 2026

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

Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Gift this article