At a glance
Policy ID: 163
Status: On hold
Priority: Low
Issue Summary
IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks Act 1995. Authorising use of a trade mark is one of the exclusive rights of a registered trade mark under the Trade Marks Act , but is not an infringing act under section 120. Authorising use can be an infringing act under patent and copyright law. The submission suggests the Trade Marks Act be amended to include authorising as an infringing act.
IP Australia will consider whether the current policy settings are appropriate, noting there are reasons that trade marks are treated differently to patents and copyright.
History
On hold, 28 September 2026