   
  
IP/N/1/AUS/19, IP/N/1/AUS/C/25  
IP/N/1/AUS/I/23, IP/N/1/AUS/T/12  
IP/N/1/AUS/D/8, IP/N/1/AUS/P/13 
IP/N/1/AUS/E/2  
 
 
16 May 2019  
(19-3405)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE 63.2 O F THE TRIPS AGREEMENT  
AUSTRALIA : INTELLECTUAL PROPERT Y LAWS AMENDMENT (PR ODUCTIVITY COMMISSIO N 
RESPONSE PART 1 AND OTHER MEASURES) ACT 2018 ( "THE ACT ") 
Notifying Member  AUSTRALIA  
 
Details of the notified legal text  
 
Title Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Act 2018 ( "the Act ") 
Subject matter  Copyright and related rights; Industrial property (general); Trademarks; 
Industrial designs; Patents (including plant variety protection); Enforcement  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text  https://members.wto.org/crnattachments/2019/IP/AUS/19_2595_00_e.pdf  
Notification status  [  ] First notification  
[X] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/AUS/D/5 ; IP/N/1/AUS/P/5 ; IP/N/1/AUS/T/3 ; IP/N/1/AUS/P/2 ; 
IP/N/1/AUS/P/2/Add.1  
Brief description of the notified legal text  
 
The Act (and Regulations - see separate notification ) implement s the first part of the Australian 
Government 's response to the Productivity Commission 's 2016 report into Australia 's IP 
arrangements. In particular, the Act makes the following changes:  
 
• Amend s the Trade Marks Act 1995 to clarify the circumstances in which the parallel 
importation of trade marked goods does not infringe a registered trade mark, and make a 
consequential amendment to the Copyright Act 1968 to repeal a provision which is redundant 
as a result.  
 
• Amend s the Trade Marks Act 1995 to change the time period that must elapse before certain 
non-use ac tions of trade mark can be taken.  
 
• Amend s the Plant Breeder 's Rights Act 1994 to close a loophole to improve how essentially 
derived variety declarations can be made for plant breeder 's rights.  
 
• Amend s the Patents Act 1991 to remove a requirement for p atentees to provide certain data 
relating to pharmaceutical patents with an extended term.  
 IP/N/1/AUS/19 • IP/N/1/AUS/C/25 • IP/N/1/AUS/I/23 • IP/N/1/AUS/T/12 • IP/N/1/AUS/D/8 • 
IP/N/1/AUS/P/13 • IP/N/1/AUS/E/2  
 
- 2 - 
 
  • Amend s the Trade Marks Act 1991, Designs Act 2003, Patents Act 1990 and Plant Breeders 
Rights Act 1994 to implement a number of measures intended to streamline an d harmoni ze 
the administration of the Australian IP system.  
 
Language(s) of 
notified legal text English  
Entry into force  Schedule 1, Parts 2 and 4 and Schedule 2, Parts 1, 4, 5, 13, and 15 -21 of 
the Act commenced on 25 August 2018. Schedule 1, Parts 2 and 3, and 
Schedule 2, Parts 2, 3, 6 -12, and 14 commenced on 24 February 2019.  
Other date   Adoption : 24 August 2018  
 
Notification details  
 
Submission date 
of notification  2 May 2019  
Other information  The related Regulations can be found in document IP/N/1/AUS/C/26  
Agency or 
authority 
responsible  IP Australia  
 