About the reforms
IP Australia is committed to enhancing and improving our customer experience. We are progressing reforms to streamline and simplify Australia's intellectual property (IP) system to ensure it remains fit for purpose.
The Regulatory Reform Omnibus Act 2026 received Royal Assent on 18 September 2026, following its passage through the Australian Parliament.
The Act introduces 4 stakeholder-supported reforms relating to trade marks, plant breeder's rights (PBR), and the regulation of patent and trade mark attorneys.
This package of reforms was shaped by stakeholder feedback received through the Streamlining and simplifying IP Regulation consultation.
What is changing?
Trade marks
From 18 March 2027, the Trade Marks Act 1995 will no longer contain fixed references that require manual updates when the Nice Classification system or the Madrid Protocol and its regulations change.
Amendments to the Trade Marks Act will:
- ensure that the classes of goods and services for trade mark applications and registrations are those of the up-to-date Nice Classification
- ensure that references to the Madrid Protocol remain up to date without requiring further legislative amendments.
IP Australia will seek amendments to the Trade Marks Regulations 1995 to align them with the amended provisions of the Trade Marks Act to commence on 18 March 2027.
Plant breeder's rights
From 18 September 2027, amendments to the Plant Breeder's Rights Act 1994 (PBR Act) will introduce:
- a grace period for paying PBR renewal fees – called an extended payment period – that will apply to PBR renewal fees that become payable on or after 18 September 2027
- a clearer mechanism for the Registrar of Plant Breeder's Rights to handle an offer to surrender a PBR, which will apply to an offer made on or after 18 September 2027.
IP Australia will seek amendments to the Plant Breeder's Rights Regulations 1994 (PBR Regulations) to implement the new grace period and clearer surrender arrangements. While the regulations are yet to be settled, stakeholders have indicated support for a 6-month extended payment period, and a $100 per month additional fee for late PBR renewals, to align with other IP rights.
We will provide PBR holders with information and guidance to help them understand these changes before they begin. For more information, see PBR initiatives.
New regulation-making powers
The Act enables 2 further reforms that would be implemented following public consultation:
- attorney re-registration: The Act creates regulation-making powers to address an inadvertent loophole in the legislation that may allow a patent or trade mark attorney to avoid disciplinary action by de-registering and later re-registering.
- Costs in contested trade mark proceedings: The Act creates regulation-making powers that could give the Registrar of Trade Marks greater flexibility to award non-scale costs in contested trade mark proceedings.
Although these new regulation-making powers are available now, IP Australia will publicly consult on draft regulations that would be made under the new powers. This reflects feedback from some stakeholders who made submissions to the consultation seeking further details of the attorney re-registration requirements.
Other stakeholders identified the need for clear guidance and safeguards to ensure the discretion of the Registrar of Trade Marks to award non-scale costs is exercised fairly and transparently.
When will these changes start?
- The trade mark amendments will commence on 18 March 2027.
- The PBR amendments will commence on 18 September 2027.
- IP Australia will consult publicly on draft regulations in 2027 before the attorney re-registration and trade mark opposition reforms commence.
We will update this page and publish further guidance before the relevant changes commence.
More information
Read the consultation record, outcomes and published submissions on the Streamlining and simplifying IP regulation consultation. For other policy issues under consideration, see the Policy register.