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Second Reading Speeches

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

Type
Government
Portfolio
Industry, Innovation and Science
Originating house
Senate
Status
Act
Parliament no
46

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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.