CPTPP changes to come into force on 30 December 2018

On 30 December 2018, the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) Agreement (discussed here) will come into force. This means that some amendments to intellectual property laws set out in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 will come into force the same day.

The amendments include:

  • The introduction of a 12 month grace period for prior disclosure by or on behalf of the patent applicant (discussed further here),
  • Enhancement of moral rights for performers under the Copyright Act 1994;
  • Amendments allowing customs to seize suspected pirated or infringing goods;
  • Amendments to remedies for trade mark infringement and border protection measures under the Trade Marks Act 2002.
Notable changes which will not come into force include the requirement for patent term extensions for pharmaceuticals and the extension of the copyright term beyond 50 years + the life of the author. These provisions will only come into force if and when the original Trans-Pacific Partnership Agreement is agreed, which is likely only to occur if the US returns to the negotiating table.

David Nowak - December 2018
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