Consultation on Streamlining and Simplifying IP Legislation

IP Australia News

Published March 10th, 2026

Detected March 21st, 2026

Summary

IP Australia has opened a public consultation on proposals to streamline and simplify intellectual property legislation in Australia. The consultation seeks feedback on technical and administrative measures aimed at reducing regulatory burdens for businesses and individuals, with feedback due by April 2, 2026.

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What changed

IP Australia is seeking public feedback on proposed legislative changes designed to streamline and simplify Australia's intellectual property system. These proposals, detailed in a consultation paper, focus on technical and administrative measures rather than substantive policy changes. Specific options under consideration include expanding the definition of exclusive licensees in the Patents Act 1990, introducing a grace period for plant breeder's rights renewal fees, repealing the herbarium deposit requirement for plant breeder's rights, allowing the Registrar of Trade Marks to award costs beyond the schedule in opposition proceedings, empowering the Registrar to correct ownership errors, and updating references to international systems like the Madrid System and Nice Agreement.

Businesses and individuals are invited to provide feedback through the consultation hub by April 2, 2026. The feedback received will inform advice to the government on these proposals. While the changes are administrative, they aim to reduce compliance burdens and free up resources for businesses and individuals involved with patents, plant breeder's rights, and trade marks.

What to do next

Review consultation paper on streamlining and simplifying IP legislation
Submit feedback via the consultation hub by April 2, 2026

Source document (simplified)

Have your say on proposals to streamline and simplify IP legislation

Public consultation is now open on proposals to reduce regulatory burdens and complexity across the IP rights.

We’re seeking feedback on potential technical and administrative legislative measures to help streamline and simplify Australia’s intellectual property (IP) system.

As part of a whole‑of‑government effort to identify measures that support productivity and economic growth, we’re looking at practical legislative changes to reduce unnecessary administrative and compliance burdens.

We have identified a range of proposals, designed to help businesses and individuals free up time and resources.

You’re invited to provide feedback on proposals outlined in the consultation paper, Streamlining and simplifying IP regulation, on the consultation hub.

Options under consideration include:

expanding the definition of exclusive licensees in the Patents Act 1990
introducing a grace period for the plant breeder’s rights (PBR) renewal fee
repealing the herbarium deposit requirement for PBR applicants
allowing the Registrar of Trade Marks to award opposition costs beyond the schedule
empowering the Registrar of Trade Marks to correct ownership errors
updating references to the Madrid System and Nice Agreement in Australia’s trade mark legislation. While the proposals relate to different IP rights and the Trans-Tasman patent attorney regime, they are limited to specific administrative and technical matters rather than substantive changes to rights or policy settings.

To complete our quick survey and share your thoughts on any of the proposals, check out our consultation hub. The consultation is open until 2 April 2026.

We will use the feedback to inform our advice to government on the proposed options, and ensure we are ready to make appropriate changes, subject to government priorities and decisions.

Have your say at our consultation page.

Published date 10 March 2026 Design rights Patents Plant breeders rights Trade marks Our website uses cookies to improve your experience. Learn more about how we use and collect data Accept Opt Out