The Australian Government has undertaken to make changes to Australia’s intellectual property system to improve protection of patented innovations and plant breeders' rights, following consideration of recommendations of two reviews by the Advisory Council on Intellectual Property.

 

The reports found that owners of patents and plant breeder’s rights frequently encountered barriers when enforcing their rights, and the cost and time needed to resolve a dispute may become a deterrent for small and medium-sized enterprises. This can result in an infringer getting away with unauthorised use of an innovation and the actual innovator losing out.

 

In another response to the reviews, plant breeders will now be able to progress matters through the Federal Magistrates Court, which was established to deal with simpler matters in a quicker, easier and cheaper way.

 

IP Australia, the Government agency responsible for patents, trade marks, designs and plant breeder’s rights, will set up an online resource to help IP owners find cheaper and faster alternative ways of resolving disputes through mediation and arbitration.

 

The government responses to the reports by the Advisory Council on Intellectual Property are available here.