Victorian Parliament considers regulation of R18+ computer games

Posted by Tarryn Ryan and Paul Kallenbach

A Bill which would regulate the availability of R18+ computer games in Victoria is currently before the Victorian Parliament.

 

The Classification (Publications, Films And Computer Games) (Enforcement) Amendment Bill 2012 (Vic) follows legislation passed by Federal Parliament earlier this year creating an R18+ classification for computer games, which will come into effect on 1 January 2013.  The Guidelines for the Classification of Computer Games that will be used by the Classification Board were published in September. 

 

The creation of the new classification for computer games is seen by many as well overdue.  In 2009, when the Commonwealth Attorney-General called for submissions in response to a discussion paper on the introduction of an R18+ classification, 98% of the 58,437 submissions received were in favour of the proposal.  An adult classification for computer games already exists in many other countries including the United States, Canada, New Zealand, the European Union, Singapore and Japan.   

  

In Australia, the highest classification is currently MA15+ and over recent years there have been a number of high profile 'bannings' of games that failed to fit within that classification.  These have included Mortal Kombat, Syndicate and House of the Dead: Overkill Extended Cut.  In the case of another game, Fallout 3, the Classification Board's decision to refuse classification famously led to the company behind it, Bethesda Softworks, modifying the game prior to its world wide release.  This prompted criticism of Australia's classification system from other parts of the world.      

 

The Classification (Publications, Films And Computer Games) (Enforcement) Amendment Bill 2012 (Vic), and its equivalents in other States and Territories, is the last step in the reform process.  It seeks to limit access to R18+ computer games to adults, and will make it an offence:

• to demonstrate R18+ computer games in a public place or in a manner that is visible from a public place;
• to privately demonstrate R18+ computer games in the presence of a minor;
• to sell or deliver R18+ computer games to a minor unless the person is a parent or guardian; and
• to leave an R18+ computer game in a public place or on private property without the occupier's permission.

The Bill also contains provisions restricting the advertisement of R18+ computer games, and imposes different penalties for existing offences where they involve R18+ computer games, such as copying a computer game with the intention of selling or demonstrating. 

 

New South Wales and the A.C.T. have already passed similar legislation and other States and Territories are set to follow. 

 

The Classification (Publications, Films And Computer Games) (Enforcement) Amendment Bill 2012 (Vic) will be debated in the Victorian Legislative Assembly at the end of October.

Federal Government considers mandatory data breach notification

Posted by Paul Kallenbach

The Federal Government has released a Discussion Paper on mandatory data breach notification.  You can read our alert here.

Federal Government announces Review of Pharmacuetical Patents

Posted by Daniel Fuller and Peter Kearney

On 15 October 2012, the Federal Government announced the appointment of an expert panel to review pharmaceutical patents in Australia (Review). 

The Review will focus particularly on the extension of term provisions in Chapter 6, Part 3 of the Patents Act 1990 (Cth). Those provisions currently allow the extension of pharmaceutical patents up to five years beyond their standard 20-year term. Medicines Australia has expressed concern that current patent terms are too short given the time taken for patent applications to pass through the Government's administrative processes. On the other side is the Generic Medicines Industry Association, whose view is that too lengthy patent terms and too regular extensions stifle innovation and competition.

The Terms of Reference of the Review specifically require it to 'consider whether there is evidence that the patent system is being used to extend pharmaceutical monopolies at the expense of new market entrants'. If such evidence is found, the Review must consider its impact on competition, innovation and investment. The panel must have particular regard to:

• The availability of competitively priced pharmaceuticals in the Australian market 
• The role of Australia's patent system in fostering innovation and hence to bringing new pharmaceuticals and medical technologies to the market
• The role of the patent system in providing employment and investment in research and industry
• The range of international approaches to extensions of term and arrangements for pharmaceutical inventions
• Australia's obligations under international agreements (including free trade agreements and the World Trade Organisation agreements)
• Australia's position as a net importer of patents and medicines

The Review comes as the Australian Government's Advisory Council on Intellectual Property (ACIP) continues its review of the innovation patent system in Australia. That review has also emphasised issues around patent terms, particularly the practice of 'evergreening' to effectively extend terms using secondary derivative patents. It is expected to produce an interim report this month.

The Review of Pharmaceutical Patents also comes in the wake of a number of other Government reviews and consultations on patents that have commenced since the 'Raising the Bar' reforms passed in March this year.

The Review panel is chaired by Tony Harris (former New South Wales Auditor-General and Parliamentary Budget Officer). Its other members are Professor Dianne Nicol (Associate Dean, Research, Faculty of Law at the University of Tasmania) and Dr Nicholas Gruen (CEO of Lateral Economics).

The panel will begin consulting stakeholders and invite public submissions in the coming months, before reporting in early 2013.