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