Intellectual Property Law Amendment Bill to Extend Federal Circuit Court's Jurisdiction

The Intellectual Property Laws Amendment Bill 2014 (Cth) was introduced into the House of Reps on 19 March 2014. Schedule 3 of the Bill amends the Plant Breeder’s Rights Act 1994 (Cth) to give jurisdiction to the Federal Circuit Court.

Plant Breeders' Amendments

Under the current system, proceedings concern plant breeder’s rights under the act may only be commenced in the Federal Court and are able to be appealed to the High Court. This has always been a burdensome and expensive path for aggrieved parties. The amendment will provide for a cost effective solution to disputes under the act as well as a less formal alternative for less complex plant breeder’s rights matters.

The Federal Circuit Court is designed to deal with less complex matters more quickly and informally than the Federal Court. The bill will allow aggrieved parties the option to take their matter before the Federal Circuit Court against alleged infringers.

Other Amendments Made by the Bill

The bill also amends:

• The Patents Act 1990 (Cth) to implement the Protocol amending the World Trade Organization Agreement on Trade-Related aspects of Intellectual Property (TRIPS Protocol) to assist with the treatment of serious health problems in developing countries. The Bill enables Australian generic medicine producers to manufacture and export patented pharmaceuticals to countries experiencing health crises, under a compulsory license from the Federal Court. Australia accepted the TRIPS Protocol in September 2007;
• The Patents Act 1990 (Cth) to provide for single application and examination processes for trans-Tasman patents. A single pathway to patent protection across countries will remove unnecessary administrative processes and create a more streamlined process for inventors in Australia and New Zealand. Schedule 4 will also allow for a single trans-Tasman patent attorney regime which will include common qualifications for registration as a patent attorney, a single trans-Tasman IP Attorneys Board and a single trans-Tasman IP Attorneys Disciplinary Tribunal; and
• Minor administrative changes to the Patents Act 1990 (Cth), Trade Marks Act 1995 (Cth) and Designs Act 2003 (Cth) to repeal unnecessary document retention provisions which are already adequately governed by the Archives Act 1983; and makes minor technical amendments to the Patents Act to address oversights in the drafting of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.

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Intellectual Property Laws Amendment Bill 2014 and explanatory materials as published on TimeBase LawOne