Changes to Australia's IP laws take effect
The Intellectual Property Laws (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) commenced on 25 August 2018. The Act implements various recommendations that the Productivity Commission made in its inquiry into Australia’s IP arrangements. We discuss the key changes.
Summary of key changes:
The Act includes measures to:
- clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark;
- reduce the grace period for filing non-use applications under the Trade Marks Act 1995 (Cth) from five years to three;
- repeal section 76A of the Patents Act, which requires patentees to provide certain data relating to pharmaceutical patents with an extended term; and
- in the Patents, Trade Marks, Designs and Plant Breeder’s Rights legislation, introduce additional damages for unjustified threats of infringement proceedings.