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Monday, August 8, 2016

Productivity Commission's Report extension might push IP inquiry out to 2017

By Suzy Roessel, Senior Associate

September 2016 is the new deadline for the Productivity Commission to provide its Inquiry Report on IP Arrangements to the Australian Government. The deadline for the inquiry report was previously August 2016.

The Commission has revised the date, stating that the inquiry timetable was "impacted by the caretaker period associated with the federal election which precluded full engagement with government department and agencies".

Under the Productivity Commission Act 1998 (Cth) s 12, the government is required to table the report in each House of Parliament within 25 sitting days of that House. The Inquiry Report will not be publically available until it has been tabled. The government may announce its decisions on the report when it is tabled or at a later date.

In practical terms, this means that the Final Report might not be tabled in either House (and therefore released to the public) until 2017, as there are less than 25 sitting days left in the year in both Houses after 1 September 2016. The sitting calendar for 2017 has not yet been released.


On 29 April 2016, the Productivity Commission released a Draft Report which recommends widespread and dramatic changes to the Australian intellectual property framework. The Draft Report prompted more than 460 interested parties to lodge submissions, many of were critical of the Productivity Commission's proposed changes. The Productivity Commission also held public hearings, at which 90 oral submissions were made.

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