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Mainly intellectual property (IP) issues Down Under

Canada’s IP and antitrust enforcement guidelines

The Canadian Competition Bureau has published updated guidelines relating to the enforcement of intellectual property rights and the antitrust (competition) rules.

Harper Review: Government Response

The Government has accepted almost all of the Harper Review’s recommendations including the power to block parallel imports of books.

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

ACIP Final Designs Report

ACIP’s final report into its review of the Designs System has been published. The report is 70 pages (including annexes) – 43 pages for the report itself; and 23 recommendations. Key recommendations include: investigate joining the Hague system and, if a decision is made to join, extend the maximum term of design protection to 15 years; introduce a grace period of 6 months before the filing date, but require an.. Read More

Compulsory Licensing of Patents – Productivity Commission

The Productivity Commission’s report on Compulsory Licensing of Patents has been published. One key recommendation is to replace the compulsory licence provisions in the s 133 of the Patents Act with a compulsory licence regime in the Competition and Consumer Act: The Australian Government should seek to remove s. 133(2)(b) from the Patents Act 1990 (Cwlth), so that a compulsory licence order based on restrictive trade practices of the patent.. Read More

Pharmaceutical Patents Review

The Commonwealth Government’s Pharmaceutical Patents Review has published a draft report. The draft Report is some 200 or so pages long; contains 4 draft findings and 15 draft recommendations (although recommendation 5 relating to the extension of term regime proposes 2 different alternatives). There appears to be considerable, fascinating data reported. The scope and detail of the draft report will plainly require much further consideration. At the policy level, the.. Read More

Intellectual Property Laws Amendment Bill 2012 – exposure draft

IP Australia has released for public comment an exposure draft of the proposed Intellectual Property Laws Amendment Bill 2012. The Bill has 2 purposes: to amend the Patents Act 1990 in light of the DOHA Declaration / TRIPS Protocol; and to confer original jurisdiction in matters arising under the Plant Breeder’s Rights Act 1994 on the Federal Magistrates Court in addition to the Federal Court’s existing jurisdiction. DOHA Declaration[1] /.. Read More

Compulsory licensing of patents

The Assistant Treasurer has referred the operation of the compulsory licence regime within the Patents Act 1990 to the Productivity Commission for review. At present, sections 133 to 140 of the Patents Act provide for applications to be made to the Federal Court for a compulsory licence to work a patent where (i) the applicant has tried for a reasonable period, but without success, to obtain from the patentee an.. Read More

Parallel imports, books and Australia

The Australian Government has announced today that it will not be changing the limitations in the Copyright Act on the parallel importation of books. According to the Press Release: Australian book printing and publishing is under strong competitive pressure from international online booksellers such as Amazon and The Book Depository and the Government has formed the view that that this pressure is likely to intensify. In addition, the technology of.. Read More

Productivity Commission on parallel imports (books)

The Productivity Commission’s report has been released: Copyright Restrictions on the Parallel Importation of Books Key Points Media Release On a quick view, now they recommend repeal after a 3 year transition period: Whereas the Commission’s draft report had proposed a partial liberalisation of the import restrictions, following further evidence, the final report recommends their repeal, with the industry having a period of three years to adjust before the changes.. Read More