IP/N/1/AUS/5  
 
11 June 2013  
(13-3024)  Page: 1/9  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
AUSTRALIA  
 
By means of a communication  received on 22 May 2013, the Delegation of Australia has submitted 
the following notification.    
 
_______________ 
 
 
 In accordance with Article 63.2 of the TRIPS Agreement, and further to Australia's notification to 
the WTO Secretariat on 23 October 2012
1, attached is further information regarding amendments 
to Australian law and regulations pertaining to the TRIPS Agreement. This brings Australia's notifications under Article 63.2 up to date to 13 May 2013.  
 
 
                                               
1 See document IP/N/1/AUS/4. IP/N/1/AUS/5 
 
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ANNEX I 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
 
TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 
Copyright   
 Therapeutic Goods Legislation Amendment 
(Copyright) Act 2011
1 
  
The Act amends the Copyright Act 1968  to allow 
the Therapeutic Goods Administration 
(Australia's regulatory authority for therapeutic goods) and certain third parties to use copyright 
material in medicinal product information.   The 
Act entered into force on 28 May 2011.  
The amendments provide that acts expressly 
required or permitted under the Therapeutic 
Goods Act 1989  in respect of product 
information for particular medicines, and acts 
ancillary or incidental to expressly mentioned 
acts, will not infringe copyright. The supply, reproduction, publication, communication and 
adaption of product information in Australia is 
not an infringement of copyright, provided it is done for a purpose related to the safe and 
effective use of the specified medicine. This 
exception applies to acts done after the commencement of the amendments (28 May 2011), irrespective of when the 
product information was approved, and covers 
acts of the Commonwealth, generic companies and healthcare professionals. 
Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011
2 The Act amends a number of Acts including the 
Copyright Act 1968 to improve the operation of 
digital television services.  The amendments 
clarify the application of the statutory copyright licences in Parts VC and VD of the Copyright Act 
1968 in relation to programs re-transmitted by 
a satellite commercial television broadcasting 
service.  
This Act takes effect from 27 May 2011. 
 
                                               
1 See document IP/N/1/AUS/C/11. 
2 See document IP/N/1/AUS/C/12. IP/N/1/AUS/5 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 Broadcasting Legislation Amendment (Digital 
Television) Act 2010
3 
  
The Act amends the Broadcasting Services Act 
1992 and the Copyright Act 1968  to facilitate 
the delivery of digital television services by satellite to viewers who cannot receive an adequate terrestrial signal for the digital 
television services licensed for the area in which 
they live.   
To support the requirement on regional and 
metropolitan broadcasters to supply their content to satellite broadcasting service 
licensees for broadcast in the relevant satellite 
licence area, a satellite broadcasting service licensee would be expected to reach a commercial agreement with metropolitan and 
regional broadcasters for the provision of 
programming and content, including local news and information, for broadcast on the satellite 
service.  
 Where such an agreement cannot be reached, a 
statutory licensing scheme would be established 
in order to provide equitable remuneration to copyright holders.  Such a scheme would also account for the underlying copyright in the 
broadcast (that is, the copyright in works, 
cinematograph films and sound recordings transmitted by the satellite licensees). 
 
The Act amends the Copyright Act 1968  to 
establish such a statutory licensing scheme to 
determine equitable remuneration where 
commercial negotiations fail.  The scheme would provide that the copying, broadcasting and re-broadcasting by a satellite broadcasting 
service licensee of a particular broadcast by a 
metropolitan or regional broadcaster does not infringe the copyright in the broadcast, or in 
any work, sound recording or cinematographic 
film included in the broadcast, if a remuneration notice given to the relevant collecting society is 
in force.   
 The Act takes effect from 30 June 2010. 
 Copyright Amendment Regulations 2011 (No. 1)
4  
These Regulations amend the Copyright Regulations 1969 to prescribe the Australian 
Broadcasting Corporation (ABC), Australian 
National University Archives Program (ANU), and Special Broadcasting Service Corporation 
(SBS) as key cultural institutions.  
 
                                               
3 See document IP/N/1/AUS/C/10. 
4 See document IP/N/1/AUS/C/13. IP/N/1/AUS/5 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
  
Sections 51B, 110BA, and 112AA of the 
Copyright Act 1968  enable key cultural 
institutions to make up to three preservation copies of relevant works that are of historical or cultural significance to Australia. A key cultural 
institution is defined as a body that has the 
function of developing and maintaining a collection under Commonwealth or State law, or 
has been prescribed by the regulations. 
  Commenced 20 August 2011. 
 
 Copyright Amendment Regulations 2010 
(No. 1)
5 
  
These Regulations amend the Copyright 
Regulations 1969 to repeal or amend some provisions as a consequence of the Copyright 
Amendment Act 2006 , replace some of the 
Schedules to reflect current drafting styles and 
ensure consistent use of headings, and update the list of international organisations to which 
the Copyright Act 1968  applies. 
 Commenced 30 October 2010. 
 
 
Copyright Tribunal (Procedure) Amendment 
Regulations 2010 (No.1)6  
These Regulations amend the Copyright 
Tribunal (Procedure) Regulations 1969 to 
provide for the additional procedures for references to the Tribunal by the Minister, 
collecting societies and members of such 
societies, and bodies administering institutions such as universities. 
 
Commenced 30 October 2010.  
 Patents and Trade Marks  
 Patents Amendment Regulation 2012 (No. 1)
7 
  
This regulation amends the Patents Regulations 
1991 to correct part 4 of schedule 7 which was 
inadvertently omitted on 1 July 2012, when the Intellectual Property Legislation Amendment 
Regulation 2012 (No. 1) substituted a new 
Schedule 7.  Commenced 17 September 2012 
 
                                               
5 See document IP/N/1/AUS/C/9. 
6 See document IP/N/1/AUS/C/8. 
7 See document IP/N/1/AUS/P/10. IP/N/1/AUS/5 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 Trade Marks Amendment Regulations 2010 
(No. 1)
8  
  
These Regulations amend the Trade Marks 
Regulations 1995 to enable members of the 
public to oppose such amendments on the grounds that the amended trade mark would be too similar to their own trade mark. 
 
Commenced 15 October 2010  
 Patents Amendment Regulations 2010 (No. 1)
9  
  
These Regulations amend the Patents 
Regulations 1991 to implement changes under 
the Patent Cooperation Treaty (PCT) Rules as agreed by the Assembly of the PCT in October 
2009 and to increase and amend the fees IP 
Australia charges for its services in relation to patent rights.   
Schedule 1 commenced 1 July 2010, schedule 2 
commenced 1 August 2010  
 Patents Amendment Regulations 2008 (No. 1)
10 
  
These Regulations amend the Patents 
Regulations 1991 to update the Regulations 
under the Patent Cooperation Treaty (PCT) contained in Schedule 2A and implement changes to the PCT fees schedule. 
 
Commenced 1 July 2008  
 Patents and Trade Marks Legislation 
Amendment Regulations 2008 (No. 1)
11 
  
These Regulations amend the Patents 
Regulations 1991 and the Trade Marks 
Regulations 1995 to update the existing schemes for registering patent attorneys and trade marks attorneys and for disciplining 
registered attorneys. 
 Commenced 1 July 2008 
 
                                               
8 See document IP/N/1/AUS/T/9. 
9 See document IP/N/1/AUS/P/9. 
10 See document IP/N/1/AUS/P/8. 
11 See document IP/N/1/AUS/P/7-IP/N/1/AUS/T/8. IP/N/1/AUS/5 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 General Intellectua l Property Laws  
 
 Intellectual Property Legislation Amendment 
(Raising the Bar) Regulation 2013
12 
  
This regulation amends the Patents Regulations 
1991, Trade Marks Regulations 1995, Designs Regulations 1995 and the Copyright Regulations 1969 in relation to intellectual property to 
implement the Intellectual Property Laws 
Amendment (Raising the Bar) Act 2012  and for 
related purposes.  The amendments are to 
make improvements to the IP rights legislation 
to better meet the objectives of supporting innovation by raising the quality of granted 
patents, reducing delays in the resolution of 
patent and trade mark applications, assisting the operations of the IP profession, improving mechanisms for trade mark and copyright 
enforcement, and simplifying the IP System. 
 Commenced 15 April 2013 
 
 Intellectual Property (Standards of Practice) 
Instrument 2013 (No. 1)
13 
  
This instrument provides for 
paragraph 228(2)(r)(ia) of the Patents Act 1990  
and paragraph 231(2)(ha)(ia) of the Trade 
Marks Act 1995 .  The Professional Standards 
Board establishes the Code of Conduct for 
Patent and Trade Marks Attorneys (published by the Board and commencing on 1 July 2008) as 
a standard of practice. 
 Commenced 15 April 2013 
 
                                               
12 See document IP/N/1/AUS/C/14-IP/N/1/AUS/I/21. 
13 See document IP/N/1/AUS/I/20. IP/N/1/AUS/5 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 Intellectual Property Legislation Amendment 
Regulation 2012 (No. 1)
14 
  
This regulation amends the Patents Regulations 
1991, Trade Marks Regulations 1995, Designs 
Regulations 2004 and Plant Breeder's Rights Regulations 1994 (collectively ‘the Regulations’) to: update the Regulations to implement 
changes in fees arising from the fee review 
conducted by IP Australia; amend the Designs Regulations, the Patents Regulations and the 
Trade Marks Regulations to enable customers to 
provide statutory declarations electronically and simplify the requirements for filing a 
declaration; amend the Trade Marks 
Regulations to implement provisions of the Trade Marks Act 1995 , as amended by the 
Personal Property Securities (Consequential 
Amendments) Act 2009 ;  update the Designs 
Regulations, the Patents Regulations and the Trade Marks Regulations to include the 
Netherlands (including Aruba, Curaçao and Sint 
Maarten) and Samoa in the list of Convention countries, commencing on 1 July 2012; and 
update the Patents Regulations to reflect 
changes to the Regulations under the Patent Cooperation Treaty (the PCT Rules) as approved by the International Patent Cooperation Union 
Assembly (PCT Assembly) at its meeting in 
September-October 2011.  
Sections 1 to 6; and Parts 1 to 4 of Schedule 1; 
and Parts 1 to 4 of Schedule 2; and Parts 1 to 3 of Schedule 3; and Part 1 of Schedule 4; 
commenced on 1 July 2012. All remaining 
provisions commenced on 1 October 2012.  
 Intellectual Property Legislation Amendment Regulations 2011 (No. 2)
15 
 
  
These Regulations as a consequence of amendments to the Acts Interpretation Act 
1901, amend the Trade Marks Regulations 1995 
to reflect the Tenth Edition of the Nice Classification and amend the Patents 
Regulations 1991 for determining when a 
document is provided to a person and offer greater flexibility to applicants seeking to 
amend their patent applications. 
 Commencement: Regulations 1 to 3 and Schedule 1 on 27 December 2011; Regulation 4 
and Schedule 2 on 1 January 2012. 
 
                                               
14 See document IP/N/1/AUS/I/19. 
15 See document IP/N/1/AUS/I/18. IP/N/1/AUS/5 
 
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TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 Intellectual Property Legislation Amendment 
Regulations 2011 (No. 1)
16 
   
These Regulations amend the Patents 
Regulations 1991, Trade Marks Regulations 
1995, Designs Regulations 2004, Plant Breeder’s Rights Regulations 1994, and the Olympic Insignia Protection Regulations 1993 to 
improve the administration of various matters, 
particularly the service of patents, designs and trade marks documents. 
 
Commenced 1 July 2011.  
 Intellectual Property Law Amendment 
Regulations 2009 (No. 2)
17 
   
These Regulations amend the Patents 
Regulations 1991 to enable the Commissioner 
of Patents to fully participate in electronic document transfer arrangements. The Regulations also make minor procedural 
amendments to the Trade Marks Regulations 
1995 and the Designs Regulations 2004.  
Commenced 12 December 2009. 
 
 Intellectual Property Law Amendment Regulations 2009 (No. 1)
18 
 
  
These Regulations amend the Patents Regulations 1991 to enable the Commissioner of Patents to fully participate in electronic 
document transfer arrangements. The 
Regulations also make minor procedural amendments to the Trade Marks Regulations 
1995 and the Designs Regulations 2004.  
 Commenced 1 July 2009. 
 
 
Intellectual Property Legislation Amendment 
Regulations 2008 (No. 1)19 
   
These Regulations amend the Patents 
Regulations 1991, Trade Marks Regulations 
1995 and Designs Regulations 2004 to update the English text of the rules made under the 
Patent Cooperation Treaty; provide for the use 
of modern technology in the patent application process; and add Cape Verde to the list of 
Convention countries. 
 Commenced 1 January 2009.  
 
                                               
16 See document IP/N/1/AUS/I/17. 
17 See document IP/N/1/AUS/I/16. 
18 See document IP/N/1/AUS/I/15. 
19 See document IP/N/1/AUS/I/14. IP/N/1/AUS/5 
 
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ANNEX II 
"OTHER LAWS AND REGULATIONS" 
 
TITLE 
DATE OF ADOPTION AND  
ENTRY INTO FORCE 
  
 
BRIEF DESCRIPTION 
 Personal Property Securities (Corporations and Other Amendments) Act 2010
1 
 
   
An Act to amend certain Acts as a consequence of the enactment of the Personal Property 
Securities Act 2009 , to amend that Act, and for 
related purposes. This Act (at Schedule 3) amended the Designs Act 2003 , Patents Act 
1990, and Trade Marks Act 1995  update the 
provisions for recording of these properties in the Personal Property Securities Register (the 
register where details of security interests in 
personal property can be registered and searched).  
Schedule 3 commenced 6 July 2010. 
 
 Personal Property Securities (Consequential Amendments) Act 2009
2 
 
  
An Act to deal with consequential matters arising from the enactment of the Personal 
Property Securities Act 2009 , to amend that 
Act, and for related purposes. This Act (at Schedule 2) amended the Designs Act 2003 , 
Patents Act 1990 , Plant Breeder’s Rights Act 
1994 and Trade Marks Act 1995  to allow for the 
recording of these properties in the Personal Property Securities Register  (the register where 
details of security interests in personal property 
can be registered and searched).  
Schedule 2 commenced 30 January 2012. 
 
 
 
 
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1 See document IP/N/1/AUS/O/6. 
2 See document IP/N/1/AUS/O/5.