CANBERRA - The Intellectual Property Laws Amendment Bill 2006, which amends several pieces of Intellectual Property (IP) legislation, was passed by the Upper House of the Australian Federal Parliament on Sept. 14, 2006, a press release by IP Australia stated.
“The Bill marks the introduction of new policy initiatives and the improvement of the operation of the legislation,” said the Parliamentary Secretary to the Minister for Industry, Tourism and Resources Mr. Bob Baldwin. The Bill amends the Patents Act 1990, the Trademarks Act 1995, the Designs Act 2003, the Plant Breeder’s Rights Act 1994 and the Olympic Insignia Protection Act 1987.
The Bill amends the Patents Act to implement recommendations of two reviews of the Intellectual Property system. The amendments aim at strengthening the patent system, promoting competition and ensuring the system does not have any unnecessary adverse impacts on third parties.
One of the key changes to be implemented relates to spring boarding, which refers to using a patent to collect data in order to obtain regulatory approval of a generic version of a pharmaceutical substance during the life of the patent. Spring boarding will now be allowed on any pharmaceutical patent at any time under wider provisions. The spring boarding amendments to the Patents Act remove an obstacle to the development of generic drugs in Australia, while remaining consistent with Australia’s international obligations.
In relation to trademarks, the Bill allows certain documents to be made available for public inspection at an early stage in the application process. This amendment will enable the development of a quick and efficient system that simplifies requests for information on trademark files whilst still being mindful of applicants filing sensitive business information as part of their application.
IP Australia is the Australian Government agency responsible for the administration of patents, trademarks, designs and plant breeder’s rights systems in Australia.