Australia: Productivity Commission releases anti-IP report

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

Cookies Settings

Australia: Productivity Commission releases anti-IP report

The Australian Productivity Commission has finalised the release of its lengthy report into the IP system.

The report appears to have been written by economists with little background in the operation of IP law and is driven by the imperative of providing IP rights at a minimal cost to society, rather than the need to embrace risk and experimentation by inventors and entrepreneurs.

To this end, the report seems to desire to minimise the extent and reach of IP rights, and includes such recommendations as abolishing the innovation patent system; introducing an objects clause to the Patents Act which is likely to provide fertile ground for litigants to test; severely curtailing the ability to obtain extensions of term for pharmaceutical patents; raising the inventive step requirements to the highest level that the Commission could find in use; and reworking renewal and patent office fees to limit the long-term viability of maintaining patent applications.

Interestingly, the Commission's previous position for the wholesale abolition of software patents has been excised from the report.

Unfortunately, it is likely the report may gain significant acceptance by the Australian government, leading to Australia adopting positions that are out of line with the global norm. This is unfortunate, as the report has the mark of the efficient market theorist, seeking to restrict the cost of IP rights to society as a prime imperative. The notion that inventors and entrepreneurs should be encouraged as highly valued members of modern society is sadly lacking.

Peter Treloar

Shelston IP

Level 21, 60 Margaret Street

Sydney NSW 2000, Australia

Tel: +61 2 9777 1111

Fax: +61 2 9241 4666

email@shelstonip.com

www.shelstonip.com

more from across site and SHARED ros bottom lb

More from across our site

Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
Schwitulla is the head of litigation management at Nokia in Germany
David Degen is senior IP counsel at Novartis, Switzerland
Demetrio Roberto Cavicchia is an IP director at Angelini Pharma in Italy
Almeida is the IP group leader at Bosch in Brazil
Amanda Luz is brand protection manager - global at Adidas in the US
Samantak Ghosh is vice president of IP at Avere Therapeutics in the US
Gift this article