Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018

Type
Government
Portfolio
Jobs and Innovation
Originating house
House of Representatives
Status
Passed Both Houses
Parliament no
45

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Summary

Amends: the Copyright Act 1968 and Trade Marks Act 1995 to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark; the Plant Breeder’s Rights Act 1994 to allow an application for an essentially derived variety (EDV) declaration to be made in instances where the plant variety the subject of the EDV application is not a registered Plant Breeder’s Right or undergoing application for Plant Breeder’s Right; the Trade Marks Act 1995 to reduce from five to three years the period that must elapse before certain actions of non-use actions of trade mark can be taken; Patents Act 1990 to remove a requirement for patentees to provide the secretary of the department with certain data relating to pharmaceutical patents with an extended term; and six Acts to: streamline and align intellectual property (IP) processes in relation to the administration of the Australian IP system; and make minor amendments. Also repeals the Patents Amendment (Patent Cooperation Treaty) Act 1979.

Progress

House of Representatives
Introduced and read a first time 28 Mar 2018
Second reading moved 28 Mar 2018
Second reading debate 27 Jun 2018
Second reading agreed to 27 Jun 2018
Third reading agreed to 27 Jun 2018
Senate
Introduced and read a first time 27 Jun 2018
Second reading moved 27 Jun 2018
Second reading debate 16 Aug 2018
Second reading agreed to 16 Aug 2018
Third reading agreed to 16 Aug 2018
Finally passed both Houses 16 Aug 2018

Documents and transcripts

Text of bill

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Word Format PDF Format HTML Format

Explanatory memoranda

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Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.