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LAW473 IP LAW - Legislation Analysis
Intellectual Property Law Amendment (Raising the Bar) Act 2012 (Cth)
Following a vast amount of reports and recommendations from various organisations and committees over the course of a decade, the Intellectual Property Law Amendment (Raising the Bar) Act 2012 (Cth) (henceforth 'the Act') came into force on 15th April 2013. The Act represented the most comprehensive reconstruction of Australia's intellectual property (IP) system in twenty years, and included amendments to the Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth), Plant Breeder's Rights Act 1994 (Cth), Copyright Act 1968 (Cth), but in most part, to the Patents Act 1990 (Cth). For the purposes of this analysis, the focus will be on the amendments made to the Patents Act, and the Patents Regulations 1991 (Cth).[1: IP Australia, IP Laws Amendment Act 2012 'Raising the Bar' (23 August 2013) Australian Government: IP Australia <http://www.ipaustralia.gov.au/about-us/ip-legislation-changes/ip-laws-amendment-act-2012/>.
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Objectives of IP Law
The Explanatory Memorandum of the Bill outlines the objective of IP system as 'to support innovation by encouraging investment in research and technology in Australia and by helping Australian businesses benefit from their good ideas.[2: Explanatory Memorandum, Intellectual Property Law Amendment (Raising the Bar) Bill 2011 (Cth) ('the Bill'), 8.]
Hence, the Act was enacted with the intentions to improve the IP rights laws to obtain such objectives, while balancing the interests of the public with that of the private.[3: IP Australia, Intellectual Property Reform in Australia: A Summary of Important Legislative Changes (July 2013) Australian Government: IP Australia, 1.]
Background
A strong innovation system leads to improved standard of living through economic productivity, along with social and environmental developments. Innovation in all industries are encouraged, maintained and protected through the IP regime, and thus, an efficient IP system is essential for Australia's innovation and...