| Services: | Intellectual Property & Technology |
| Industry Focus: | Financial Services, Insurance, Life Sciences & Healthcare, Property |
On 20 December 2016 the Australian Federal Government released for consultation the findings of the Productivity Commission's final report on its inquiry into Australia's Intellectual Property (IP) arrangements.
First announced in August 2015, the inquiry in its final report has illuminated a number of areas in which the current Australian IP regime falls short. The final report sets out a long list of areas requiring attention, which include (but are not limited to):
- raising patent quality, including by re-examining the degree of invention required to receive a patent
- introducing a system of user rights for copyright (including a US-style fair use exception) to better balance the costs currently borne by innovative firms, universities and schools and consumers
- making it easier for copyright users to access legitimate content by clarifying the law on geo-blocking, and by repealing parallel import restrictions on books
- considering a 'use requirement' for trade mark owners to retain registered rights
- making commercial transactions involving IP rights subject to additional competition law restrictions, by repealing the current limited exemption under the Competition and Consumer Act
- improving access to Australia's enforcement system for IP rights, including by introducing (and resourcing) a specialist IP list within the Federal Circuit Court to provide a timely and low-cost option for resolving IP disputes.
A copy of the full report is available for download from the Productivity Commission website here.
The Federal Government has indicated it will consider the final report's recommendations and undertake further consultation which will be open until 14 February 2017. For those interested in providing feedback on the final report, details are available here.
This article is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this article. Authors listed may not be admitted in all states and territories
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