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Bill
- Schedule 1—Raising the quality of granted patents
- Schedule 2—Free access to patented inventions for regulatory approvals and research
- Schedule 3—Reducing delays in resolution of patent and trade mark applications
- Schedule 4—Assisting the operations of the IP profession
- Schedule 5—Improving mechanisms for trade mark and copyright enforcement
- Schedule 6—Simplifying the IP system
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Intellectual Property Laws Amendment (Raising the Bar) Bill 2011
No. , 2011
(Innovation, Industry, Science and Research)
A Bill for an Act to amend legislation relating to intellectual property, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 2
Schedule 1—Raising the quality of granted patents 3
Part 1—Main amendments 3
Patents Act 1990 3
Part 2—Balance of probabilities test 14
Patents Act 1990 14
Part 3—Application, savings and transitional provisions 16
Schedule 2—Free access to patented inventions for regulatory approvals and research 21
Part 1—Amendment 21
Patents Act 1990 21
Part 2—Application of amendment 23
Schedule 3—Reducing delays in resolution of patent and trade mark applications 24
Part 1—Amendments 24
Patents Act 1990 24
Trade Marks Act 1995 29
Part 2—Application and transitional provisions 34
Schedule 4—Assisting the operations of the IP profession 36
Patents Act 1990 36
Trade Marks Act 1995 46
Schedule 5—Improving mechanisms for trade mark and copyright enforcement 54
Part 1—Customs seizure 54
Copyright Act 1968 54
Trade Marks Act 1995 60
Part 2—Trade Mark offences 67
Trade Marks Act 1995 67
Part 3—Relief for infringement of trade marks 74
Trade Marks Act 1995 74
Schedule 6—Simplifying the IP system 75
Part 1—Amendments 75
Designs Act 2003 75
Patents Act 1990 78
Plant Breeder’s Rights Act 1994 95
Trade Marks Act 1995 96
Part 2—Application and savings provisions 102
A Bill for an Act to amend legislation relating to intellectual property, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Intellectual Property Laws Amendment (Raising the Bar) Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1 |
The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent. |
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3. Schedule 2 |
The day after this Act receives the Royal Assent. |
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4. Schedules 3 to 5 |
The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent. |
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5. Schedule 6, items 1 to 86 |
The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent. |
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6. Schedule 6, item 87 |
The day after this Act receives the Royal Assent. |
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7. Schedule 6, items 88 to 134 |
The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.