BILLS › Intellectual Property Laws Amendment Bill 2014
Ms SCOTT (Lindsay) (19:23): I rise today in support of the Intellectual Property Laws Amendment Bill 2014. I am proud to be part of a government that has brought this legislation to the parliament. The measures in this bill enjoy bipartisan support, as they are critical to the economic development and growth of our country. As such, I agree with the statement of the shadow parliamentary secretary for manufacturing, who said that these measures are long overdue. This bill reflects the government's commitment to boosting innovation, growth and development. Strong intellectual property protections are essential in providing security for ideas, inventions and new technology. The cost of research and development is one of risk and reward. To build a smart economy of the 21st century we must as a government encourage creative and entrepreneurial activities, but we must also ensure protection is provided to those organisations and individuals that take the ultimate risk in investing their time and money in bringing their research to life. This is becoming increasingly important, as we must ensure Australia remains competitive on the international stage in the research and development of new and emerging industries. Further, we must have enormous benefits for Australia and our local communities by creating long-term and sustainable employment opportunities. The measures contained in this legislation are welcome news to Australian businesses, particularly businesses in the electorate of Lindsay, which I stand here today representing. These measures also work very hard for businesses right across Western Sydney, which I, like the member for Chifley, sitting opposite, believe is one of the most innovative and progressive areas in our country. Lindsay, in Western Sydney, is one of the fastest growing regions in Australia. Two-thirds of the Lindsay workforce must commit every single day for employment: one-third to the city and one-third into greater Western Sydney. The people of Western Sydney, in particular the people of Lindsay, demand more local jobs. More than that, they demand smart jobs. Since the days of Governor Macquarie identifying the five Macquarie towns or Macarthur and his sheep or even Sir Henry Parkes, late of Werrington, long has our part of Western Sydney being innovative and entrepreneurial. The time has come again for the people of Western Sydney to step into an innovative future. To secure that, the government must provide infrastructure to link our business parks and protection for our business community to invest. Among those businesses is one of the oldest plastics manufacturers in Australia, ASP Plastics. A local St Mary's company, it proudly holds the patents and trademarks to over 200 products. Use of these products ranges from applications in mining, cabling, and construction to the medical sector. ASP Plastics' managing director, Paul Brennan, has welcomed the measures contained in the amendment. In a letter to my office, Paul wrote: Many of the government's initiatives have merit in reducing time to raise patents and the associated costs, but we need the legal processes to be faster, more decisive, and immediately acting in the interest of the patent holder. Further, Paul highlights the need for improvements in the intellectual property legislation particularly in the increasingly global economy. I believe this legislation is a good first step in addressing these challenges and protecting Australian small and medium enterprises like ASP Plastics. Paul also says in his letter: We have numerous products that we have designed and patented, and by the time that you cover the obvious countries where we see potential markets it does not take long to rack up patent fees of hundreds of thousands of dollars. This is a very painful exercise for a SME and we have no other choice than to build the patent costs into our products and in doing so run the risk of making them less competitive. Paul has long feared the costs of protecting his patents in court, which can result in a no-win situation where the legal fees are often more than the income from those products could possibly be. This ultimately affects businesses' bottom lines. I would also like to draw attention to the University of Western Sydney, a world-class research institution driving innovation across Western Sydney and indeed within my electorate of Lindsay. Barney Glover, the Vice-Chancellor of the university, said in regard to the implementation of the TRIPS protocol: The university is supportive of the amendment's humanitarian dimension, viewing it as a practical response to potential health crises in developing regions. On the bill's extension of jurisdiction into the Federal Court, UWS sees this as a prudent cost saving measure. Similarly, the University is of the view that the proposal for a single-Tasman patent attorney regime, and the document retention repeal both represent a much-needed streamlining of processes, aligned with the Commonwealth's broader measures to reduce red-tape and regulatory impositions. This legislation and its five schedules will improve and strengthen the Australian intellectual property system. It delivers on the government's commitment to implement the protocol amending the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property, or TRIPS. Under the TRIPS protocol, Australian pharmaceutical manufacturers will be able to apply to the Federal Court for a compulsory licence to manufacture generic versions of patented medicines and export these medicines to developing countries in need. Patent holders will be provided with adequate compensation for the use of their patented inventions. In my opinion, this is an opportunity for Australia to provide a humanitarian service to the Third World. Developing countries often have difficulty manufacturing or accessing patented pharmaceuticals and so are unable to respond to serious public health problems. Schedule 3 will make amendments to the Plant Breeder's Rights Act to extend the jurisdiction of the Federal Circuit Court to include plant breeders' rights. Plant varieties are important to the success of the Australian agricultural industry. These rights encourage breeders—many of whom are small businesses—by providing a sense of safety to the breeder and the farmer alike, ensuring the investment in research and development that will ultimately mean new and improved varieties. At present, the rights owner can only take action against alleged infringers through the Federal Court, which can be both time consuming and very costly. The Federal Circuit Court is designed to deal with less complex matters more quickly and informally than the Federal Court. This bill will amend the act to give owners the lower cost option of taking action in the Federal Circuit Court. I today spoke with the former National Rose Society President and Emu Plains resident Glynis Hayne, who said: 'The amendments to the plant breeder rights will be most welcome as they will enable the mostly amateur breeders a relatively inexpensive way to protect their intellectual property that wasn't previously available to them.' This legislation will help large breeders as well, including Sylvan Australia. Sylvan is the world's largest producer of mushroom spawn, with manufacturing facilities in Londonderry. Sylvan's research comprises four basic areas: (1) maintaining the genetic stability of established strains; (2) pursuing genetic studies, including the breeding of new spawn strains; (3) testing of chemicals, pesticides and fertiliser to bring new specialty products to market; and (4) exploring ways to increase the reliability and efficiency of Sylvan's unique production capabilities. This is a great result for Sylvan. Also in Londonderry, in the northern part of the Lindsay electorate, resides Regal Mushrooms—a wonderful organisation that is producing approximately 20 per cent of Australia's mushroom supply. Put quite simply, this legislation is about protecting local jobs. This legislation cuts significant red tape for local businesses by introducing a single economic market initiative. At present, businesses that want to obtain patents in both Australia and New Zealand have to go through two separate application processes. This bill will strengthen our economic relations with New Zealand and reduce costs to businesses by allowing for a single patent application and examination process for Australia and New Zealand. This will increase efficiencies by allowing for a common trans-Tasman regulation of patent attorneys. Finally, schedule 5 will make minor technical amendments to existing IP legislation, enabling the government to dispose of unwanted IP documents sooner, saving the government hundreds of thousands of dollars in administrative costs. In all, this bill represents an important package of improvements to Australia's intellectual property system. It takes into account the challenging global environment but also makes significant improvements in reducing barriers and protecting the ideas of Australian entrepreneurs and businesses. Further, it delivers on the coalition's agenda to reduce red tape for those Australian businesses wishing to obtain or enforce their intellectual property rights and will provide more support for other countries facing health emergencies. I am delighted the government is moving in these areas, and I commend the bill to the House.