IP/N/1/AUS/23, IP/N/1/AUS/P/16  
IP/N/1/AUS/D/10, IP/N/1/AUS/T/14  
 
 
12 August 2020  
(20-5528)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
AUSTRALIA : INTELLECTUAL PROPERTY LAWS AMENDMENT (PRODUCTIVITY COMMISSION 
RESPONSE PART 2 AND OTHER MEASURES) ACT 2020  
Notifying Member  AUSTRALIA  
 
Details of the notified legal text  
 
Title Intellectual Property Laws Amendment (Productivity Commission Response 
Part 2 and Other Measures) Act 2020  
Subject matter  Trademarks; Industrial designs; Patents (including plant variety protection)  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2020/IP/AUS/20_4496_00_e.pdf  
Notification status  [  ] First notification  
[X] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  Patents Act 1990, Compilation No. 43  
IP/N/1/AUS/22, IP/N/1/AUS/P/15  
 
Intellectual Property Laws Amendment (Productivit y Commission Response 
Part 1 and Other Measures) Act 2018 ("the Act")  
IP/N/1/AUS/19, IP/N/1/AUS/C/25, IP/N/1/AUS/D/8, IP/N/1/AUS/E/2, 
IP/N/1/AUS/I/23, IP/N/1/AUS/P/13, IP/N/1/AUS/T/12  
 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations 2018 ("the Regulations")  
IP/N/1/AUS/20, IP/N/1/AUS/C/26, IP/N/1/AUS/D/9, IP/N/1/AUS/E/3, 
IP/N/1/AUS/I/24, IP/N/1/AU S/P/14, IP/N/1/AUS/T/13  
 
Brief description of the notified legal text  
 
The law implements recommendations from an earlier Productivity Commission (PC) inquiry into 
Crown use and compulsory licences. It also implements the PC review recommendations to phas e 
out the innovation patent system and introduces an objects clause into the Patents Act 1990. Crown 
use provisions were amended to improve and clarify their operation. Compulsory licensing provisions 
were amended to replace the 'reasonable requirements of  the public ' test with a 'public interest ' test 
when the Federal Court considers an application for a compulsory licence.  
 
The law also amends provisions on crown use of designs in the Designs Act and makes minor 
amendments to the Trademarks Act.  IP/N/1/AUS/23 • IP/N/1/AUS/P/16 • IP/N/1/AUS/D/10 • IP/N/1/AUS/T/14  
 
- 2 - 
 
  Language(s) of 
notified legal text English  
Entry into force  27 February 2020; The Act received Royal Assent on 26 February 2020.  
The Crown use and compulsory licence changes, and the objects clause, 
commenced on 27 February 2020.  
The innovation patent changes will commence on 26 August 2021.  
 
Other date    
 
Notification details  
 
Submission date 
of notification  24 July 2020  
Other information   
Agency or 
authority 
responsible  IP Australia  
Ground Floor  
Discovery House  
47 Bowes Street  
Phillip ACT 2606  
Australia  
 
+61 2 6283 2999  
 
Postal address  
PO Box 200  
Woden ACT 2606  
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.