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Australia's IP Advisory Council Proposes Dispute Resolution Centre

by Mary Swire, for LawAndTax-News.com, Hong Kong

01 September 2009

The Australian government's Advisory Council on Intellectual Property (ACIP) has released an interim report outlining measures to assist inventors in enforcing their rights.

ACIP Chair, Leon Allen, explained that the report outlines a number of proposals and reform directions relating to patent rights enforcement.

The ACIP announced that among the proposed reforms was a plan to introduce legislation to allow Australian Customs officials, when tipped-off about an infringing shipment, to seize the goods at the border.

Also strongly recommended was the establishment of an IP dispute resolution centre in Australia. The proposed centre would provide a validity and infringement opinion service, and administer a register of independent experts with suitable qualifications to provide mediation services and preside over a non-binding patent tribunal.

According to the Advisory Council, the centre would function in a similar way to the World Intellectual Property Organization’s Arbitration and Mediation Center.

Other proposals include providing public access to information on the outcome of all court actions relating to patents, and encouraging and assisting countries in the region to improve their patent enforcement systems. This last initiative is designed to help Australians protect their goods and services when exporting.

“The call for submissions provides a valuable opportunity for interested parties to contribute to ACIP’s final reform recommendations,” Allen explained.

“I encourage inventors and stakeholders to provide evidence-based submissions and share their views,” he concluded.

The ACIP anticipates that a final report will be submitted to the Australian government in late 2009.

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