Business Law Section

Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019

The submission to the Senate Economics Legislation Committee in relation to the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 was prepared by Intellectual Property Committee of the Business Law Section. 

In its submission of 17 November 2017 to IP Australia’s public consultation paper, the committee identified that:

a) the Act should be drafted clearly and it should not be necessary, and nor is it generally desirable, to rely on an objects clause to direct construction of the provisions of the Act; and

b) inclusion of an objects clause would undoubtedly increase uncertainty and that it would not be limited to the “short-term uncertainty” that the PC acknowledged may arise but would persist whereas it was entirely unclear what benefit would be achieved.

The committee maintains these views. In relation to the proposed objects clause, the Committee makes the following submission.

You can read the full submission below.
 

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