State of the Art: Key Australian IP developments (Dec 2021)

As we emerge from the global pandemic, intellectual property (IP) continues to be a focus for organisations as they execute strategies to achieve growth in the new environment. The Australian IP landscape has seen a significant level of activity in 2021, including important legislative change and key decisions.

We explore a number of these developments, and those on the horizon, in this edition of State of the Art. While many changes to Australia’s patent system are designed to bring it into line with the position in Europe, the UK and US, there remain significant differences – such as Australia’s peculiar ‘best method’ requirement. By contrast, recent consideration of new Australian patent requirements for ‘support’ and ‘sufficiency’ (introduced in 2013) suggests that those reforms have brought the Australian position more in line with other major jurisdictions. Australia’s domain name system is likely to expand dramatically in 2022, with the introduction of direct .au Domain Names. 2021 saw changes to Australia’s registered design system take effect, which will make it more user friendly. Consideration of IP licence agreements by Australian courts has also highlighted some of the key risks to be aware of when framing agreements. Finally, the increased use of digital marketing strategies raises new questions about how to comply with legal and regulatory obligations.

We look forward to working with you in 2022 and hope you enjoy this edition of State of the Art. Please feel free to contact us if you have any questions.

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