Feeds

Australia intros new IP regime

Carrot and stick

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

Relatively unnoticed amid the National Broadband Network hubbub, Australia has moved to update its patent system. The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 provides some key upsides for researchers – but at the same time, increases penalties for trademark infringement and product counterfeiting.

Researchers will welcome the amendments covering experimental use of products. The aim is to remove the risk that a researcher could infringe someone’s patent in the laboratory, merely because their research overlapped with someone else’s.

Probably the handiest example of this would be genetics research: many genetics operations are now covered by patents, which means someone looking for new genetic techniques would almost certainly infringe prior art. A researcher who is explicitly conducting follow-on research based on existing patents would be even more at risk, so the law is designed to protect the right to conduct new research, even when that research is based on existing patents.

In particular, the Act would make it clear that experimental use of information covered by a patent does not constitute “exploiting” the patented product or method.

The bill is also designed to lift the quality of patents by extending the information the patent office is allowed to take into account when assessing a patent, and broadens the definition of “prior art”.

The sting of the bill is in new scope given to courts to apply heavier penalties for counterfeit goods, “strict liability” for trademark offenses, and a new regime for seizure of goods by customs. ®

Beginner's guide to SSL certificates

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
Lawyers mobilise angry mob against Apple over alleged 2011 Macbook Pro crapness
We suffered 'random bouts of graphical distortion' - fanbois
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
Verizon bankrolls tech news site, bans tech's biggest stories
No agenda here. Just don't ever mention Net neutrality or spying, ok?
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
The Heartbleed Bug: how to protect your business with Symantec
What happens when the next Heartbleed (or worse) comes along, and what can you do to weather another chapter in an all-too-familiar string of debilitating attacks?