PATENTS LEGISLATION COMMITTEE
OBJECTIVE OF THE COMMITTEE
The objective of the Patents Legislation Committee is to monitor closely the development of legislation as it relates to patented inventions, including the interpretation of that legislation by IP Australia and the Courts.
The Patents Legislation Committee is charged with the following responsibilities:
• Monitoring legislation changes (and proposed legislation changes) that have the potential to impact on the Australian patent system, including but not limited to the Patents Act and Regulations, Defence Trade Controls Act and Regulations, Therapeutic Goods Act and Regulations.
• Taking part in consultations with IP Australia, the Government, and other bodies charged with the responsibility of reviewing aspects of Australian legislation as it relates to patents and patented inventions, to ensure that the views of IPTA members and their clients are taken into account before any legislation changes are implemented. This includes attending IP Australia Patent Consultation Group meetings on behalf of the IPTA council, including the preparation and filing of submissions on behalf of IPTA.
• Monitoring changes in practice within IP Australia (and proposed changes to practice) relating to the interpretation of legislation that have the potential to impact patent applicants, patentees and third parties.
• Working in cooperation with Patents Practice committee to develop and implement strategies for raising concerns with IP Australia to ensure that any adverse or potentially adverse impact on patent applicants and patentees (or third parties) resulting from such changes in practice is minimised or avoided. including the preparation and filing of submissions on behalf of IPTA.
• Monitoring Australian court decisions and case law development to ensure that they support strong protection for patented inventions in Australia as balanced against the legitimate interests of the public and third parties, identifying areas where Australian patent legislation might need to be amended or interpreted differently to ensure a strong and fair patent system is maintained, raising any such concerns with IP Australia and the Government and working with them to achieve any necessary change, including filing, with the support of the IPTA council, applications to intervene in appropriate court matters.
• Monitoring International patent law developments, including developments within WIPO and in relation to bilateral and multilateral trade agreements, in cooperation with the International Patents Committee and making representations or submissions on behalf of IPTA to minimise or avoid the possibility that such developments will necessitate changes to Australian legislation that will have an adverse impact on patent applicants and patentees (or third parties).
• Working with Public Relations Committee to take part in consultations and lobbying efforts aimed at maintaining a strong legislative framework for the protection of inventions and enforcement of patents in Australia., including assisting in drafting submissions, press releases or other materials to promote these aims.
The measurable goals of the Patents Legislation Committee include:
• Attendance at consultation meetings organised by IP Australia and/or the Government or other bodies charged with the responsibility of reviewing aspects of Australian legislation as it relates to patents and patented inventions
• Submissions drafted and filed within deadlines provided
• Changes made to proposed legislation or practices of IP Australia, new legislation or IP Australia practices introduced or changed as a result of work of committee