CANBERRA - The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (IP Amendment Act) moves a number of filing, formality and fee-paying requirements to non-legislative instruments. These instruments will commence on February 24, 2019, along with Parts 3, 7 and 14 of Schedule 2 to the IP Amendment Act. Moving these requirements to non-legislative instruments provides flexibility to adopt more efficient processes as they become available, according to the official website of Australia IP.

IP Australia has published the instruments in preparation for commencement. They set out the requirements in relation to:

• The approved and preferred means of paying a fee, the means and form of filing evidence and opposition documents, and the means and form of filing/lodging/giving documents, in accordance with Part 3 of Schedule 2 to the IP Amendment Act,

• Formalities requirements for patent documents, in accordance with Part 7 of Schedule 2 to the IP Amendment Act, and

• Approved forms for plant breeder's rights, in accordance with Part 14 of Schedule 2 to the IP Amendment Act.