Jessica Bell, Kalus Kenny Intelex, Melbourne, Australia

From fresh market insights to proposed regulatory reform and a new AI tool, IP Australia is signalling an important period of change for intellectual property (IP) in Australia. IP Australia has recently released its Australian IP Report 2026, which provides valuable insight into current trends and developments in the IP landscape. A new public consultation also reflects the agency’s intent to streamline and simplify its regulatory processes. In addition, IP Australia is piloting a new AI-powered chatbot to improve access to IP-related information and assist users to better understand their options, whether defending an infringement claim or protecting their own IP rights.

Australian IP Report 2026

IP Australia released its 2026 Australian IP Report on 6 May 2026 (Report), collating the latest statistics on the use and regulation of IP rights in Australia and comparing domestic activity against broader international IP and economic trends. Of particular note, trade mark applications reached a record high in 2025, rising 13.3% from 2024 to 97,345. Similarly, trade mark registrations increased by 5.4% to 70,614.

According to IP Australia, trends in applicant origins, filing routes, and nominated goods and services classes reflect an increasingly dynamic and competitive brand landscape. Australian resident trade mark applications alone increased by 15.1%, exceeding non-resident filings and surpassing the previous domestic filings peak recorded in 2021, which suggests that brand development and protection remain a significant commercial priority for local businesses, with IP continuing to be leveraged as an important strategic asset.

IP simplified and streamlined?

In response to the Australian Government’s broader productivity agenda, IP Australia has also published a series of proposed reforms aimed at simplifying and streamlining most dealings with the agency. The proposals are intended to improve the efficiency of IP Australia’s regulatory and administrative processes, with a view to delivering services more effectively.

The Consultation paper was released in March 2026 and submissions for proposals closed on 2 April 2026. IP Australia is now considering the feedback received through the consultation process and is expected to provide formal advice to the Government on proposed reforms in due course.

Some of the proposed reforms relating to trade marks include:

· a proposal to introduce a more structured examination report response system. This would involve imposing a set timeframe for applicants to respond to each examination report, together with a limit on the number of responses permitted before rejection procedures commence. While IP Australia has not proposed a definitive timeframe, it used a two-month response period as an example and sought stakeholder feedback on both the appropriate timeframe and the number of responses that should be allowed. The proposal is intended to replace the current single long-form deadline system with shorter, response-based deadlines;

· a proposal to empower IP Australia to finalise trade mark opposition proceedings where both parties have effectively abandoned the matter and are no longer actively participating. The reform is intended to reduce administrative backlog and prevent opposition proceedings from remaining unresolved indefinitely; and

· a proposal permitting the correction of ownership errors made at the time of filing a trade mark application in certain defined circumstances. While limited corrections are already possible, for example, where a non-legal entity has been named as the owner, there is currently no clear mechanism for addressing situations where the incorrect legal entity within a corporate group was identified as the applicant. The proposal seeks to avoid the undesirable consequences of such errors, including exposure to opposition or cancellation proceedings and the continued registration of potentially unenforceable trade marks.

The Consultation Paper also identifies a number of broader policy issues on which IP Australia has not yet proposed a preferred course of action, instead seeking stakeholder feedback before providing formal advice to Government.

Not all of the proposed reforms have been received without criticism. For example, both the Intellectual Property Committee of the Law Council of Australia and the Queensland Law Society have raised concerned regarding the proposed examination report response system. In particular, it has been suggested that rigid timeframes and response limits could be prejudicial to parties in circumstances where new substantive issues are raised later in the examination process. Concerns have also been expressed that a more prescriptive framework may reduce the flexibility currently available to accommodate for differing circumstances and complexities issues arising across different applications.

IP Australia’s New First Responder

IP Australia is also piloting a new AI-powered chatbot known as ‘IP First Response’. The tool is intended to facilitate easier access to information relating to suspected IP infringement, responding to allegations of infringement, and the Australian IP system more generally. As at May 2026, IP First Response remains in a beta stage.

The platform can currently be accessed through a “Navigator” function, which guides users through a predetermined list of common issues, or through a chatbot interface.

IP Australia has emphasised that the platform is a tool only and is not intended to operate as a substitute for professional legal advice. Rather, it is designed as an educational tool and informational resource, providing users with preliminary guidance and outlining potential options before they determine the most appropriate course of action.

IP Australia’s First Nations Strategy

It has now been one year since the release of IP Australia’s First Nations Strategy for 2025-2030 (Strategy). The Strategy sets out a framework for administering Australia’s IP system in a manner that is more accessible and responsive to Aboriginal and Torres Strait Islander peoples, including through improved recognition and protection of Indigenous Knowledge.

Responsibility for implementation and governance of the Strategy sits with IP Australia’s executive board and includes commitments directed towards:

· delivering IP Australia’s services in a culturally informed and accessible manner;

· supporting Indigenous entrepreneurship and education so that Aboriginal and Torres Strait Islander peoples are better equipped to use the IP system to protect and commercialise their innovations;

· collaborating with Aboriginal and Torres Strait Islander peoples in decision-making processes affecting them; and

· implementing broader systemic and structural reforms within IP Australia to improve accountability and better respond to the needs of Aboriginal and Torres Strait Islander communities.

One year on, the practical implementation of the Strategy continues to evolve, with further developments likely to emerge over the coming years as these commitments are progressively embedded into IP Australia’s operations and policy framework.