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Bills of the current Parliament

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Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019


Type
Government
Originating house
Senate
Status
Before Reps
Portfolio
Industry, Innovation and Science

Summary

Amends the Patents Act 1990 to: introduce an objects clause; phase out the innovation patent system; replace the ‘reasonable requirements of the public’ test in relation to applications for a compulsory licence with a public interest test; provide that only the patentee of a dependent patent can seek a compulsory licence over the use of the original patent; provide for 'omnibus claims' in patent specifications to be removed at stages of consideration subsequent to examination; clarify the Commissioner of Patents’ power to redact sensitive information from patent documents; remove the requirement to file a certificate of verification for documents translated into English, unless required by the regulations; clarify that Crown use can be invoked for the provision of a service that any Commonwealth, state or territory government has the primary responsibility for providing or funding; require governments to seek negotiated outcomes with patent owners before invoking Crown use; and require ministerial authorisation for invoking Crown use if a negotiated outcome is unsuccessful or in emergency situations; Designs Act 2003 to modify provisions relating to Crown use consistently with the changes to the Patents Act 2003; and Patents Act 1990 and Trade Marks Act 1995 to enable the Patent Office and Trade Mark Office to keep and use their official seal in electronic form when supplying electronic certified copies of documents to customers.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

Senate
Introduced and read a first time 25/07/19  
Second reading moved 25/07/19  
Second reading debate 16/10/19  
Second reading agreed to 16/10/19  
Committee of the Whole debate 16/10/19 Amendment details: 2 Opposition agreed to
Third reading agreed to 16/10/19  
     
House of Representatives
Introduced and read a first time 16/10/19  
     

Text of bill

  • First reading

MS-Word PDF HTML
  • Third reading

MS-Word PDF HTML

Explanatory memoranda

  • Explanatory memorandum

MS-Word PDF HTML

Second reading speeches


Proposed amendments

Senate
  • Centre Alliance [sheet 8738]
PATRICK, Sen Rex

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  • Opposition [sheet 8758 revised]
PRATT, Sen Louise

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Schedules of amendments

Bills Digest



Notes