Title

IP Australia appendices

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Appendix C1: Appeals of decisions

Commissioner of Patents

Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177; RPL Central Pty Ltd v Commissioner of Patents [2016] HCASL 84: IP Australia found that claims to an online method for collecting evidence of skills and knowledge to meet a recognised qualification standard were not patent eligible. RPL’s appeal was successful in the first instance, but the Full Federal Court upheld IP Australia’s decision and special leave to appeal was refused by the High Court.

Alphapharm Pty Ltd v H Lundbeck A/S [2015] FCAFC 138; Alphapharm Pty Ltd & Ors v H Lundbeck A/S [2016] HCATrans 52: IP Australia granted Lundbeck a pharmaceutical extension of term for its Escitalopram patent 623144. The Full Federal Court upheld IP Australia’s decision and the High Court refused special leave to appeal.

Other significant decisions in 2015–16 included D’Arcy v Myriad Genetics Inc. [2015] HCA 35: The High Court found, contrary to the decision of the Full Federal Court, that claims directed to isolated nucleic acid coding for a mutant or polymorphic BRCA1 polypeptide were not patent eligible.

Registrar of Trade Marks

In 2015–16, there were 24 appeals from decisions of the Registrar of Trade Marks (involving 38 trade marks). Of those, 22 were to the Federal Court, one to the Federal Circuit Court and one to the Administrative Appeals Tribunal. Twelve of the appeals were finalised during the year, including the matters before the Federal Circuit Court and the Administrative Appeals Tribunal. A further 10 initiated prior to July 2015 were also finalised in 2015–16.

The decisions of the courts validated the decisions made by the Australian Trade Marks Office and provided further clarification of the law. In Qantas Airways Limited v Edwards [2016] FCA 729, the Federal Court dismissed an appeal by Qantas Airways Limited against the decision of the Registrar, because the applicant’s trade mark was not so closely similar to Qantas’ trademarks that it was likely to deceive or confuse the consumer.

In Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks [2015] FCA 756, the Federal Court affirmed the Registrar’s decision that the trade mark could not proceed to acceptance unless the applicant applied for a deletion of the class for plants from the application because ‘Sir Walter’ was also the name of a registered plant variety (a type of buffalo grass) that held a plant breeder’s rights grant at the date of filing. As a result, the court concluded that the ‘Sir Walter’ trade mark was incapable of distinguishing the designated goods from the goods of other traders.

Appendix C2: Entity resource statement

Table 67: Entity resource statement, 2015–16
  Actual available appropriation for
2015–16
$’000
Payments made
2015–16
$’000
Balance remaining
2015–16
$’000
1. Ordinary annual services
Departmental appropriation
  • Departmental appropriation1
  2111 2111 -
  • Total
  2111 2111 -
Total ordinary annual services A 2111 2111 -
2. Other services
Departmental non-operating
  • Equity injections
       
  • Total
       
Total other services B      
Total available annual appropriations   2111 2111 -
3. Special appropriations        
  • Total special appropriations
C      
  • Total appropriations excluding Special Accounts
  2111 2111 -
Special Accounts
  • Opening balance
  98 485    
  • Appropriation receipts2
  2111    
  • Non-appropriation receipts to Special Accounts
  197 021    
  • Payments made
    197 325  
Total Special Account D 297 617 197 325 100 292
Total resourcing
  • A+B+C+D
  299 728 199 436  
  • Less appropriations drawn from annual or special appropriations above and credited to special accounts
  2111 2111 -
Total net resourcing for IP Australia   297 617 197 325  
  1. Appropriation Act (No. 1) 2015–16.
  2. Appropriation receipts from IP Australia annual appropriations for 2015–16 included above.

Appendix C3: Expenses and resources for Outcome 1

Table 68: Expenses and resources for 2015–16
Outcome 1: Increased innovation, investment and trade in Australia, and by Australians overseas, through the administration of the registrable intellectual property rights system, promoting public awareness and industry engagement, and advising government Budget
2015–16
$’000
Actual
2015–16
$’000
Variation
2015–16
$’000
Programme 1.1: IP Rights Administration and Professional Registration
  • Departmental expenses
     
  • Departmental appropriation
     
  • Special appropriations
     
  • Special accounts
177 352 179 998 2646
  • Expenses not requiring appropriation in the budget year
174 140 -34
Total for Programme 1.1 177 526 180 138 2612
Programme 1.2: Awareness, Education and International Engagement
  • Departmental expenses
     
  • Departmental appropriation
     
  • Special appropriations
     
  • Special accounts
6034 8407 2373
  • Expenses not requiring appropriation in the budget year
     
Total for Programme 1.2 6034 8407 2373
  • Programme 1.3: Advice to Government
  • Departmental expenses
     
  • Departmental appropriation
2192 2111 -81
  • Special appropriations
     
  • Special accounts
3895 4588 693
  • Expenses not requiring appropriation in the budget year
     
Total for Programme 1.3 6087 6699 612
Outcome 1 totals by appropriation type
  • Departmental expenses
     
  • Departmental appropriation
2192 2111 -81
  • Special appropriations
     
  • Special accounts
187 281 192 993 5712
  • Expenses not requiring appropriation in the budget year
174 140 -34
Total expenses for Outcome 1 189 647 195 244 5597
Average staffing level (number) 1054 1038 -16

Appendix C4: Workforce statistics

Table 69: Employment arrangements for ongoing and non-ongoing employees, by classification, 30 June 2016, IP Australia
Classification Employment arrangement Salary range
Enterprise agreement Individual flexibility arrangement Minimum ($) Maximum ($)
APS 1 0 0 43 549 48 312
APS 2 1 0 50 087 54 841
APS 3 8 0 56 307 61 105
APS 4 168 1 62 653 67 909
APS 5 86 9 69 764 74 761
APS 6 571 166 76 189 86 548
EL 1 256 80 95 631 107 632
EL 2 75 25 113 086 131 830
Total 1165 281    

APS = Australian Public Service; EL = Executive Level

Note: Senior Executive Service employment arrangements are included in Department of Industry, Innovation and Science data (Table 20 in Chapter 6) to ensure non-identification of individual recipients.

Table 70: Performance payments from 1 July 2015 to 30 June 2016, non-SES, IP Australia
Classification No. of recipients Aggregate ($) Average ($) Bonus payment
Minimum ($) Maximum ($)
APS 1–6 42 291 984 6952 20 28 700
EL 1 13 101 975 7844 2012 12 124
EL 2 72 562 586 7814 1492 14 501
Total 127 956 545      

APS = Australian Public Service; EL = Executive Level; SES = Senior Executive Service

Note: APS 1–6 figures are combined to ensure non-identification of individual recipients. Figures on performance payments for IP Australia’s SES officers are included with the Department of Industry, Innovation and Science’s data (Table 21 in Chapter 6) to ensure non-identification of individual recipients.

Table 71: Ongoing employees, by classification and gender, 30 June 2015 and 30 June 2016, IP Australia
Classification Female Male Total
2015 2016 2015 2016 2015 2016
APS 2 1 1 0 0 1 1
APS 3 0 0 6 3 6 3
APS 4 99 97 48 57 147 154
APS 5 57 57 25 23 82 80
APS 6 201 223 340 343 541 566
EL 1 96 97 139 153 235 250
EL 2 28 27 46 48 74 75
SES Band 1 3 3 5 5 8 8
SES Band 2 1 2 0 0 1 2
SES Band 3 1 1 0 0 1 1
Total 487 508 609 632 1096 1140

APS = Australian Public Service; EL = Executive Level; SES = Senior Executive Service

Table 72: Non-ongoing employees, by classification and gender, 30 June 2015 and 30 June 2016, IP Australia
Classification Female Male Total
2015 2016 2015 2016 2015 2016
APS 3 1 2 0 3 1 5
APS 4 0 7 0 7 0 14
APS 5 0 3 0 3 0 6
APS 6 2 3 2 2 4 5
EL 1 1 2 3 4 4 6
EL 2 0 0 1 0 1 0
SES Band 1 0 0 0 0 0 0
SES Band 2 0 0 0 0 0 0
SES Band 3 0 0 0 0 0 0
Total 4 17 6 19 10 36

APS = Australian Public Service; EL = Executive Level; SES = Senior Executive Service

Table 73: Ongoing and non-ongoing employees, by classification and gender, 30 June 2015 and 30 June 2016, IP Australia
Classification Female Male Total
2015 2016 2015 2016 2015 2016
APS 2 1 1 0 0 1 1
APS 3 1 2 6 6 7 8
APS 4 99 104 48 64 147 168
APS 5 57 60 25 26 82 86
APS 6 203 226 342 345 545 571
EL 1 97 99 142 157 239 256
EL 2 28 27 47 48 75 75
SES Band 1 3 3 5 5 8 8
SES Band 2 1 2 0 0 1 2
SES Band 3 1 1 0 0 1 1
Total 491 525 615 651 1106 1176

APS = Australian Public Service; EL = Executive Level; SES = Senior Executive Service

Table 74: Ongoing and non-ongoing employees, by full-time or part-time status, 30 June 2015 and 30 June 2016, IP Australia
Attendance type Ongoing Non-ongoing Total
2015 2016 2015 2016 2015 2016
Full-time 965 1010 7 32 972 1042
Part-time 131 130 3 4 134 134
Total 1096 1140 10 36 1106 1176
Table 75: Ongoing and non-ongoing employees, by location, 30 June 2015 and 30 June 2016, IP Australia
Location Ongoing Non-ongoing Total
2015 2016 2015 2016 2015 2016
ACT 1004 1042 10 36 1014 1078
NSW 23 25 0 0 23 25
Vic. 50 53 0 0 50 53
Qld 10 10 0 0 10 10
SA 6 6 0 0 6 6
WA 2 2 0 0 2 2
Tas. 1 1 0 0 1 1
NT 0 1 0 0 0 1
Total 1096 1140 10 36 1106 1176

APS = Australian Public Service; EL = Executive Level; SES = Senior Executive Service

Table 76: Indigenous employees, 30 June 2015 and 30 June 2016, IP Australia
Employment status 30 June 2015 30 June 2016
Ongoing 10 5
Non-ongoing 0 0
Total 10 5

Appendix C5: Ecologically sustainable development and environmental performance

In 2015–16, IP Australia maintained its commitment to minimise the impact of its operations on the environment. Through processes identified in the IP Australia Environmental Management System, the organisation continued to reduce its energy consumption and waste, increase recycling and promote the efficient use of resources.

In 2015–16, IP Australia reported a significant reduction in paper usage and the lowest paper usage level to date. IP Australia’s environmental policies and programmes continue to evolve in response to short- and long-term economic, environmental and social drivers.

IP Australia retained ISO 14001:2004 accreditation for its environmental management system in 2015–16.

The organisation’s main office building, Discovery House in Canberra, incorporates a number of energy-efficient design measures, including lighting control, air-conditioning control systems, double glazing, efficient heating and cooling, and the reuse of captured rainwater and groundwater. The west wing of Discovery House has a 5-star National Australian Built Environment Rating System (NABERS) energy base building rating, and the original elements of the building have a 4.5-star NABERS rating.

A range of environmental strategies designed to contribute to ecologically sustainable best practice have been developed and implemented at IP Australia. They continued to be monitored throughout 2015–16, and performance results met expectations.