Objection to application for PBR and appeals

Issue summary

In a recent case, an objector wished the AAT to review an objection made under section 35. However, there's no decision made by the Registrar under section 35 which would be reviewable.

Section 35 allows any person who meets the criteria under subsection 35(1) to lodge an objection. The Registrar does not make any decisions under the section. Instead, any objection lodged under section 35 is considered by the Registrar in making the decision to grant a PBR under section 44. The Registrar’s decision under section 44 is reviewable by the Administrative Review Tribunal (ART).

History

• On hold 24 June 2021
• Policy development 5 December 2022

Comments

Issue is being considered as part of IP Australia’s PBR reform work.