Intellectual Property Laws Amendment Act 2006

Administered by Department of Industry, Science and Resources

Legislation au C2006A00106 In force Act

Legislation content

 

 

 

 

 

 

Intellectual Property Laws Amendment Act 2006

 

 

No. 106, 2006

 

 

 

 

 

An Act to amend the law relating to intellectual property, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Revoking registration of trade marks etc.

Trade Marks Act 1995

Schedule 2—Non‑payment of fees relating to trade marks

Trade Marks Act 1995

Schedule 3—Registration process for certification trade marks

Part 1—Amendments commencing on day after Royal Assent

Trade Marks Act 1995

Part 2—Amendments commencing on proclaimed day or after 6 months

Trade Marks Act 1995

Schedule 4—Availability of documents about trade marks

Trade Marks Act 1995

Schedule 5—Relief for infringement of patents

Patents Act 1990

Schedule 6—Exemption of continued prior use from patent infringement

Patents Act 1990

Schedule 7—Springboarding and patents

Patents Act 1990

Schedule 8—Compulsory licensing of patents

Patents Act 1990

Schedule 9—Specifying claims for innovation patents

Patents Act 1990

Schedule 10—Making divisional applications for innovation patents

Patents Act 1990

Schedule 11—Setting dates by regulations

Plant Breeder’s Rights Act 1994

Trade Marks Act 1995

Schedule 12—Effect of office not being open for business

Designs Act 2003

Olympic Insignia Protection Act 1987

Patents Act 1990

Plant Breeder’s Rights Act 1994

Trade Marks Act 1995

Schedule 13—Extension of time

Trade Marks Act 1995

Schedule 14—Approving forms

Plant Breeder’s Rights Act 1994

Schedule 15—Delegation

Designs Act 2003

Plant Breeder’s Rights Act 1994

Schedule 16—Statute law revision amendments

Patents Act 1990

Trade Marks Act 1995

 

 

 

Intellectual Property Laws Amendment Act 2006

No. 106, 2006

 

 

 

An Act to amend the law relating to intellectual property, and for related purposes

[Assented to 27 September 2006]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Intellectual Property Laws Amendment Act 2006.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

27 September 2006

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

27 March 2007

3.  Schedule 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

27 March 2007

4.  Schedule 3, Part 1

The day after this Act receives the Royal Assent.

28 September 2006

5.  Schedule 3, Part 2

A single…

Overview

The Intellectual Property Laws Amendment Act 2006 (Cth) was enacted by the Parliament of Australia to amend existing intellectual property laws, addressing various gaps and issues in the legal framework. The Act covers a broad spectrum of intellectual property rights, including trade marks, patents, and plant breeder's rights, aiming to enhance the efficiency and fairness of the intellectual property system. It includes provisions to strengthen the revocation process for trade marks, adjust the consequences of non-payment of fees, refine the registration process for certification trade marks, and provide relief for patent infringements, among other amendments. The Act also aims to update and clarify certain definitions and procedures to better align with current practices and international standards.

Scope and Application

The Intellectual Property Laws Amendment Act 2006 (No. 106, 2006) is an Act of the Australian Parliament that amends various aspects of intellectual property law, including trade marks, patents, plant breeder's rights, and designs. The Act applies to the whole of Australia and affects a broad range of entities, including individuals, businesses, and government bodies. It amends several existing Acts: the Trade Marks Act 1995, the Patents Act 1990, the Plant Breeder’s Rights Act 1994, the Designs Act 2003, the Olympic Insignia Protection Act 1987, and it also includes provisions related to the Australian Register of Therapeutic Goods. The Act contains no specific exclusions but operates through subordinate instruments such as regulations and proclamations to extend or restrict its application. The amendments within the Act generally apply to conduct and transactions occurring after the provisions have commenced, with some provisions applying retroactively to applications and registrations made before the Act's commencement.

Key Provisions

  • The Intellectual Property Laws Amendment Act 2006 amends various aspects of Australia's intellectual property law, focusing primarily on trade marks, patents, and plant breeder's rights. Key provisions include changes to the registration and revocation of trade marks, the process for certification trade marks, and modifications to patent law, among other adjustments. Section 1 to 3 of the Act and any unspecified provisions commenced on the day the Act received Royal Assent, which was 27 September 2006. Other provisions commenced on dates specified in the Schedule of the Act, with most taking effect on 27 March 2007, unless otherwise stated.
  • The Act imposes specific obligations on parties involved in the registration and maintenance of trade marks and patents. For instance, it introduces a mechanism for the Registrar of Trade Marks to revoke the registration of a trade mark if certain conditions are met, such as when the Registrar is satisfied that the trade mark should not have been registered and it is reasonable to revoke the registration (section 84A). Additionally, the Act mandates that the Registrar must notify relevant parties before revoking a trade mark registration and provide them an opportunity to be heard (section 84A(5)). In terms of patents, the Act revises the conditions under which a patent can be compulsorily licensed and introduces new provisions for dealing with allegations of contravention of State application laws in patent proceedings (Schedule 8).
  • In terms of penalties and consequences for breaches, the Act does not explicitly state penalties for non-compliance with its provisions. However, given the nature of intellectual property law, breaches could potentially lead to legal actions for infringement, revocation of registrations, and other civil remedies as provided under the respective Acts being amended (e.g., Trade Marks Act 1995, Patents Act 1990). For instance, continued use of a trade mark after revocation without a valid exemption could lead to infringement actions, while failure to comply with patent registration requirements could result in the denial of patent rights or revocation of a patent. The penalties for such actions would be determined in the context of the applicable laws and judicial decisions.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Regulatory Standards
Licensing & Registration
Reporting & Disclosure Obligations
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Intellectual Property Laws Amendment Act 2006 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.