The Government invites stakeholder views focussing on issues raised in the final report that stakeholders may not have had the opportunity to comment on, or on which stakeholders have new evidence or advice about. Stakeholders are not required to repeat the information contained in their previous submissions. In particular the Government welcomes further comments on the following final recommendations, which are in addition or different to those contained in the Commission’s draft report.

  • Final Recommendation 5.1
  • The Productivity Commission has proposed amendments to the Copyright Act 1968 to prohibit contracting out of copyright exceptions and permitting circumvention of technological protection measures for legitimate uses of copyright material.
  • Final Recommendation 5.4
  • The Productivity Commission has proposed the Australian Competition and Consumer Commission review the voluntary Code of Conduct for Copyright Collecting Societies.
  • Final Recommendation 6.1
  • The Productivity Commission has endorsed the Australian Law Reform Commission’s recommendation to limit the liability for the use of orphan works, rather than include this as an element of any fair use exception.
  • Final recommendations 7.1 and 7.2.
  • The Productivity Commission has made some changes to its draft recommendations on the objects clause and the inventive step threshold for patents.
  • Final recommendation 10.1.
  • The Productivity Commission has altered its draft recommendation on the extensions of patent term scheme for pharmaceuticals, including by proposing that the scheme should be limited to active pharmaceutical ingredients.
  • Final recommendation 12.1.
  • The Productivity Commission has proposed a different approach to reducing clutter on the trade marks register which focuses on non-use actions.
  • Final recommendations 17.1, 17.2, 18.1, 18.2.
  • The Productivity Commission has proposed changes to the Australian Government’s approach to IP policy, both domestically and internationally.
  • Final recommendation 19.2.
  • The Productivity Commission has proposed changes to the Federal Circuit Court, to improve access to enforcement.

Feedback should be provided to by 14 February 2017.