The changes form part of the Australian Government's work to support productivity and reduce unnecessary regulatory burden.
As part of this work, we sought public feedback earlier this year on a range of proposals to simplify and streamline Australia's IP system.
Stakeholders broadly supported 4 proposals that progressed through the Regulatory Reform Omnibus Act 2026, passed by Parliament on xxx.
Changes to trade mark classification standards from xxx, the Trade Marks Act 1995 will no longer contain fixed references that need to be manually updated when the Nice Classification system or the Madrid Protocol and its Regulations change.
Instead, the legislation will refer to the current versions of those systems as they are updated.
This will ensure Australia's trade mark legislation remains current and consistent with international rules, providing greater certainty for Australian trade mark applicants.
Clearer processes for PBR holders A grace period for paying plant breeder's rights (PBR) renewal fees will commence on xxx.
This means PBR holders won't automatically lose their right if they miss a renewal payment deadline. An additional fee may apply to a renewal fee paid during the grace period.
The Act will also introduce a clearer process for PBR holders that wish to surrender a PBR.
IP Australia will provide PBR holders with further information to ensure they understand these changes before they start. Public consultation on new regulation-making powers The Act enables two further reforms that will:
close a loophole that allows patent and trade mark attorneys to avoid disciplinary action by de-registering and re-registering with the regulated trans-Tasman IP attorney regime
give the Registrar of Trade Marks greater flexibility when awarding costs in trade marks opposition proceedings.
IP Australia will hold further public consultation on the draft regulations to support these two measures, before changes are implemented.
For more information on these upcoming changes, see Streamlining and simplifying IP regulation.