Australia Enacts Intellectual Property Reforms Following Regulatory Legislation

The Australian Parliament in September 2026 passed the Regulatory Reform Omnibus Act 2026, introducing legislative changes intended to streamline the nation's intellectual property system, IP Australia announced. The reforms, which follow public feedback gathered earlier in the year, target trade mark standards, plant breeder's rights, and regulatory powers for IP attorneys and proceedings.

Under the changes, the Trade Marks Act 1995 will be updated from 18 March 2027 to automatically reference current versions of the Nice Classification system and the Madrid Protocol and its Regulations, rather than relying on fixed statutory references that require manual updates. IP Australia stated this adjustment aims to keep domestic trade mark legislation aligned with international standards.

Changes affecting Plant Breeder's Rights (PBR) holders are scheduled to take effect on 18 September 2027. The legislation establishes a grace period for the payment of PBR renewal fees, preventing rights holders from automatically losing their rights upon missing a deadline, though an additional fee may apply. The Act also outlines a revised process for holders seeking to surrender a PBR.

Additionally, the Act enables regulation-making powers to prevent patent and trade mark attorneys from avoiding disciplinary action by de-registering and re-registering within the trans-Tasman IP attorney regime. It also provides the Registrar of Trade Marks with expanded flexibility in awarding costs during trade mark opposition proceedings. IP Australia plans to conduct further public consultation on the draft regulations before those specific measures are implemented.

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