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Australian Patent Law
Australian patent law is law governing the granting of a temporary monopoly on the use of an invention, in exchange for the publication and free use of the invention after a certain time. The primary piece of legislation is the Patents Act 1990. Patents are administered by the Commonwealth Government agency IP Australia. Australia is a member state of the World Intellectual Property Organization (WIPO), and compliant with Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This makes Australian patent law broadly comparable with patent law in other major countries. Key features Australia has two kinds of patent available: * a standard patent with a term of 20 years * an innovation patent, with a lower threshold for inventiveness, and a maximum term of 8 years. Innovation patents have a faster approval process and lower fees. Australia operates a first to file system, like much of the rest of the world. Australian patent databases The AusPat Patent databa ...
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IP Australia
IP Australia is an agency of the Department of Industry, Innovation and Science. IP Australia administers intellectual property rights and legislation relating to patents, trade marks, registered designs and plant breeder's rights in Australia. The agency's precursor, the Australian Patent Office, was established in 1904 by the Commonwealth of Australia. Since 1998, IP Australia has been located in Discovery House in Canberra, Australia. In 2007 Discovery House was expanded to include a third wing allowing co-location of all personnel. The new west wing of Discovery House was officially opened on 31 October 2007 by the Governor-General, Major General Michael Jeffery AC CVO MC (Retd). In 2008-9 IP Australia opened a patent examination centre in Melbourne to accommodate 40 patent examiners. IP Australia has been an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed in accordance with the Patent Co-operati ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ...
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National Research Development Corporation V Commissioner Of Patents (1959) 102 CLR 252
''National Research Development Corporation v Commissioner of Patents'', also known as the ''NRDC case'',. was a significant Australian patent law case, decided in the High Court of Australia on 6 December 1959. The case was important in clarifying what is meant by "manner of manufacture" in respects of patent applications in accordance with the ''Patents Act'' 1952 (Cth).. Facts The National Research Development Corporation (NRDC) discovered a new method to apply known chemicals to the soil so as to kill weeds but not the crops. The chemicals were known to science but were never used in the process of eradicating weeds. NRDC applied for a patent for the new process. The Commissioner of Patents rejected the application on the grounds that it was not a "manner of manufacture" under section 6 of the Statute of Monopolies because * the invention was neither a new saleable product nor a new process for producing a saleable product * the invention involved an agricultural process ...
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Australian Property Law
Australian property law, or property law in Australia, is the system of laws regulating and prioritising the Property law rights, interests and responsibilities of individuals in relation to "things". These things are a form of "property" or "right" to possession or ownership of an object. The law orders or prioritises rights and classifies property as either real and tangible, such as land, or intangible, such as the right of an author to their literary works or personal but tangible, such as a book or a pencil. The scope of what constitutes a thing capable of being classified as property and when an individual or body corporate gains priority of interest over a thing has in legal scholarship been heavily debated on a philosophical level. Land law Land is the predominant focus of Western property law, particularly Australian property law. Legal developments in this field outweigh the development of other forms of property law, this is primarily due to the high value of land in ...
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History Of Patent Law
The history of patents and patent law is generally considered to have started with the Venetian Statute of 1474. Early precedents There is some evidence that some form of patent rights was recognized in Ancient Greece. In 500 BCE, in the Greek city of Sybaris (located in what is now southern Italy), "encouragement was held out to all who should discover any new refinement in luxury, the profits arising from which were secured to the inventor by patent for the space of a year."Charles Anthon, ''A Classical Dictionary: Containing An Account of the Principal Proper Names Mentioned in Ancient Authors, And Intended To Elucidate All The Important Points Connected With The Geography, History, Biography, Mythology, And Fine Arts Of The Greeks And Romans Together With An Account Of Coins, Weights, And Measures, With Tabular Values Of The Same'', Harper & Bros, 1841, page 1273. Athenaeus, writing in the third century CE, cites Phylarchus in saying that in Sybaris exclusive rights were gra ...
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Menzies Government (1949–1966)
Menzies Government may refer to: *Menzies government (1939–1941) *Menzies government (1949–1966) Menzies Government may refer to: * Menzies government (1939–1941) * Menzies government (1949–1966) {{Disambiguation ...
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Australian Law Reform Commission
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC is part of the Attorney-General's portfolio; however it is an independent statutory authority constituted under the ''Australian Law Reform Commission Act 1996'' (Cth), and the ''Public Governance, Performance and Accountability Act 2013'' (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. The ALRC's objective is to make recommendations for law reform that: * bring the law into line wi ...
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Deakin Government (1903–1904)
Deakin may refer to: Places *Deakin University, Victoria, Australia *Deakin, Australian Capital Territory, suburb of Canberra, Australia *Deakin, Western Australia, siding on the Trans-Australian Railway *Division of Deakin, Australian Electoral Division in Victoria, Australia People *Deakin (surname), including a list of people with the surname *Deakin (musician) (born 1978), American musician, member of Animal Collective Other *Evans Deakin & Company, Australian shipbuilders *Alfred Deakin High School in the suburb Deakin, Canberra, Australia. See also * Deakins * Deacon A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Churc ... * Deacon (other) {{disambig ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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Private Bill
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. This is unlike a private bill which is a proposal for a law affecting only a single person, group, or area, such as a bill granting a named person citizenship or, previously, granting named persons a legislative divorce. After a bill is enacted, these bills become public acts and private acts, respectively. Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic countries, although its use has changed over time. A private bill is not to be confused with a private member's bill, which is a bill introduced by a "private member" of the legislature rather than by the ministry. In practice, a (technically) public act can have the e ...
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World Intellectual Property Organization
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform stand ...
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