PBR acceptance/grant - lack of satisfaction on any crucial matter must result in a refusal to grant

Issue summary

The drafting of paragraph 44(3)(b) of the PBR Act does not appear to give effect to its intention, which is to give the Registrar the power to refuse to grant if the PBR applicant’s application cannot proceed to grant for any of the reasons listed in paragraph 44(1)(b). Currently the Registrar can only refuse to grant a PBR only if all the matters in (1)(b) fail to satisfy the Registrar. Instead, the Registrar ought to have the power to refuse on that one ground.

History

• Identified for action 24 June 2021

Comments

IP Australia welcomes feedback and evidence on this issue to support possible further work.