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Please click on the following link to view the seminar program. For further information and to register for this seminar please visit www.engineersaustralia.org.au. 2 June 2008
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| Where: | Engineers Australia Western Australia Division Auditorium 712 Murray St West Perth WA |
| When: | 10am – 4pm Wednesday 28 May |
Please click on the following link to view the seminar program.
For further information and to register for this seminar please visit www.engineersaustralia.org.au.
AusPat, the new search system for Australian patents, is now in production and is the Australian Patent Office's official source of online data.
Senator Kim Carr, Minister for Innovation, Industry, Science and Research, today welcomed the innovative new online database developed by IP Australia that makes the breadth of Australian inventions more accessible.
“The release of AusPat is a big step forward for the innovation community in Australia. IP Australia has listened to stakeholders and involved them in every step of the development process, so I’m confident that this new tool will be widely used by inventors and those that provide services to them" Senator Carr said.
AusPat may be accessed at http://www.ipaustralia.gov.au/auspat/
You should consult the release notes (available from the link above) prior to using AusPat.
Please report any data issues through the Feedback link located at the foot of each page.
CELEBRATE OUR ABILITY TO INNOVATE - WORLD INTELLECTUAL PROPERTY DAY
Senator Kim Carr, Minister for Innovation, Industry, Science and Research has reaffirmed the important role intellectual property (IP) plays in every successful business in the lead up to World Intellectual Property Day, which will occur on 26 April 2008.
This year’s World IP Day theme is Innovation: Respect It, which aims to promote the link between intellectual property and innovation.
"A well thought out IP strategy is the backbone of innovation. IP can develop into a significant business asset which often is worth more to a business than all the tangible assets such as factories and machinery combined," Senator Carr said.
View the full media release at http://minister.industry.gov.au/SenatortheHonKimCarr/Pages/CELEBRATEOURABILITYTOINNOVATE.aspx
IP Australia has produced a new corporate publication to highlight IP Australia’s recent achievements and provide commentary and analysis on a selection of IP related statistics.
Entitled 'IP INSIGHT', the publication highlights the work of IP Australia domestically and internationally. Boasting a 'Gallery' inspired design, the publication includes a brief overview of organisational highlights from the previous calendar year; selected data relating to industry trends in relation to patents, trade marks, designs and plant breeder's rights; and a glimpse forward into the coming year.
Copies of 'IP INSIGHT' are now being made available to attorney firms, relevant government bodies, key customer and stakeholder groups, overseas IP offices and various media outlets. It is also available as a downloadable PDF from the IP Australia website.
To view 'IP INSIGHT', click here
IP Australia is pleased to announce the release of this its Reconciliation Action Plan, which has Reconciliation Australia’s official endorsement. The plan is designed to promote a respect for the creativity and innovation of Indigenous Australians for the benefit of Indigenous people and all Australians.
IP Australia’s reconciliation efforts will be directed towards reshaping the approach to Indigenous affairs and to support the reconciliation process.
The key reconciliation initiatives identified by the plan are:
The plan can be viewed here.
Contact: Leo O’Keeffe, Director Domestic Policy
Ph: 02 6283 7929
Email: Leo.OKeeffe@IPAustralia.gov.au
There has been considerable interest in the acceptance by IP Australia of the trade mark ‘realestate.com.au’ for a range of goods and services including real estate affairs and advertising of real estate. The registration has been opposed by at least one party. Other parties have the opportunity to oppose until 17 April 2008.
A trade mark’s function is to distinguish, in a commercial sense, one person’s goods or services from the similar goods or services of another.
Applications for trade mark registration are examined. Marks that other traders would ordinarily want to use, including those which are purely descriptive, would not normally be accepted. However, it is possible for an applicant to overcome problems of this nature with substantial evidence of use showing the trade mark has acquired distinctiveness or reputation.
If a trade mark is accepted, whether on the basis of evidence or not, it is advertised to allow others to oppose registration if they wish to do so.
Unlike examination, opposition allows both sides to fully put their case. It typically involves three stages of presentation of evidence which can in total take over 12 months. At the conclusion of the evidence stages, a Hearing Officer will decide whether to register or refuse the trade mark. This decision may be appealed to the Federal Court.
This particular trade mark application went through the normal examination process and as would be expected, evidence of use was required before it was accepted.
As noted above, registration of this trade mark has been opposed. The opposition process will allow opposing parties to express their views about the appropriateness of registration of the mark.
If the mark were to be registered, registration would provide rights in the mark as a whole and not in specific parts of it. Moreover, where parts of a mark are descriptive, registration would not necessarily stop others from using those terms. The law also provides a range of defences to infringement action, including where the term is used descriptively. This type of conflict would be resolved by determining whether consumers are likely to be confused by the similarity in the respective terms. It would for instance be highly unlikely that the owner could prevent use of the term “real estate” by others.
IP Australia has no role in determining infringement matters. These are decided by the courts.
Information about the opposition process is available on the IP Australia website at http://www.ipaustralia.gov.au/trademarks/process_oppositions.shtml
Following on from the very successful Melbourne seminar in March, IP Australia and Engineers Australia are pleased to present Engineering your IP in Sydney on April 30 2008.
The seminar is designed to help engineers better understand vital issues related to the protection of intellectual property.
| Where: | Engineers Australia Sydney Division Auditorium 8 Thomas St Chatswood NSW |
| When: | 10am – 4pm Wednesday 30 April |
For further information and to register for this seminar please visit www.engineersaustralia.org.au
The Australian Centre for Intellectual Property in Agriculture (ACIPA) in conjunction with Horticulture Australia Limited (HAL) is holding a free symposium titled 'Horticulture Research & Development for Commercial Business: Managing your Intellectual Property' on Thursday 1 May from 10am - 5pm at the Technology Park Function Centre, Bentley WA. The objective of the symposium is to identify potential benefits from R&D and intellectual property management for horticulture industries.
The symposium will feature presentations from leading industry stakeholders including Doug Waterhouse, Director of Plant Bleeder's Rights at IP Australia and President of UPOV on Plant Breeder's Rights, IP Australia's Perspective.
For full details on the symposium and to register your interest for this event please visit www.acipa.edu.au
Patent Prosecution Highway Pilot Program between IP Australia and the United States Patent and Trademark Office
IP Australia and the US Patent and Trademark Office (USPTO) today announced that they will launch a new trial cooperation initiative called the Patent Prosecution Highway (PPH) in April. For patent applicants with interests and applications in the US and Australia this program will result in faster patent examination times.
Under the PPH, an applicant receiving a report from either the USPTO or IP Australia with at least one patentable claim in an application may request that the other office accelerate the examination of the corresponding application. The applicant benefits from the patent offices using the work previously conducted by the other office, by obtaining corresponding patents faster and more efficiently.
Full requirements for participation in the trial program can be found at
www.uspto.gov/web/patents/pph/pph_ipau.html and
www.ipaustralia.gov.au/patents/international/pph_uspto.shtml
For more information, click here to read the media release.
World IP Day – April 26 – celebrates the enormous power of human creativity and the intellectual property rights that help to fuel and channel it. Events and activities are taking place across Australia during April, including innovation showcases and seminars for small business.
The celebrations kick off on April 18 at the Australian Technology Park in Sydney, where visitors can meet the people behind cutting edge technology.
This year’s World IP Day theme – Innovation: Respect It – pays tribute to inventors and artists whose intellectual property rights deserve our admiration, our protection and respect.
For more information on IP Australia’s World IP Day state-based events please click here.

Earth Hour started last year in Sydney, where on 31 March 2007, 2.2 million people and 2100 Sydney businesses turned off their lights for one hour. With Sydney icons like the harbour Bridge and the Opera House turning off their lights.
The effort reduced Sydney’s energy consumption by 10.2% for one hour, which was the same as taking 48,000 cars off the road for a year. With results like this it’s no wonder that the world took notice and this year Earth Hour is now not just an event held in one city it will be an event held across the globe.
IP Australia is proud to be one of the some 6,000 and growing businesses who have signed up to participate in Earth Hour as part of it’s commitment to the environment. Earth Hour is run by WWF and will commence at 8pm on Saturday 29 March, and IP Australia will join in by switching off all non essential lights in its main building, Discovery House, and also its two warehouses, all located in Canberra.
Staff of IP Australia have been encouraged to take part at home by turning off all non-essential lights, televisions, computers and other electrical equipment in their households. Anyone can do this and take part. To register yourself or find out more visit http://www.earthhour.org/about.
Senator Kim Carr, the Minister for Innovation, Industry, Science and Research, says an agreement signed today between the intellectual property (IP) offices of Australia and Vietnam has the capacity to assist Australian exporters.
Click here to find out more.
Click here to view more information on IP Australia's international assistance program.
Philip Noonan, Director General of IP Australia, has welcomed trade mark professionals and government officials from around the world to Sydney for two important trade mark events.
For full details on the International Trade Mark talks please click here.
The Canberra office of IP Australia will be closed on Monday 10 March for the Canberra Day holiday. The office will reopen on Tuesday 11 March.
For more information see the official notice.
On 22 January 2008, the Minister for Innovation, Industry, Science and Research, Senator Kim Carr, announced a wide ranging review of Australia's national innovation system to be conducted by an expert panel chaired by Dr Terry Cutler.
The establishment of the review recognises the vital role innovation plays in boosting productivity and international competitiveness, and re-iterates the Rudd Government's commitment to fostering innovation across the economy.
As part of the review, the panel will also consider all aspects of the Cooperative Research Centres (CRC) Program. It will examine the overall strategic direction of CRCs, looking at the full range of issues, including governance and program design matters, the level and length of funding needed to support the program's objectives, as well as its overall scope and effectiveness.
A Green Paper will be received from the panel by the end of July 2008, and this will be followed by a White Paper response from the Government.
Consultation sessions will be conducted in capital cities around Australia. Please click here for further information.
For more information on the National Innovation System Review please click here.
IP Australia is proud to support the IP Management in Practice conference, to be held by Tonkin Corporation on 19th – 21st May 2008 at the Grace Hotel in Sydney.
Contact Tonkin Corporation at australis@TonkinCorporation.com or telephone 02 9224 6000 to save up to $550 per booking.
Senator Kim Carr, Minister for Innovation, Industry, Science and Research, is today launching a national seminar series aimed at reducing the risks faced by Australian small businesses trying to protect their intellectual property (IP) when exporting. To read the full media release, click here.
Currently a trade mark registration may be renewed up to 12 months before or 12 months after the renewal due date.
As of 28 March 2008, in accordance with amendments to the legislation incorporated in the Trade Marks Amendment Act 2006 (No. 114, 2006), the period in which a trade mark can be renewed after it is due will reduce from 12 months to 6 months.
Trade marks due for renewal on or before 27 March 2008 will still be able to be renewed for up to 12 months afterwards.
There is no change to the 12 month period prior to the renewal due date.
See the relevant Official Notice.
IP Australia, in partnership with Engineers Australia, is presenting Engineering your IP - a seminar designed to help engineers understand vital issues related to the protection of IP. This one day seminar will provide participants the opportunity to hear from, and to network with, IP Australia and industry experts.
For program and registration details please click here.
This is a short note to introduce myself as the new Director General of IP Australia.
I feel I am stepping into some very big shoes vacated by Dr Ian Heath upon his retirement. Over more than eight years with IP Australia Ian presided over many changes, both within the organisation and also in the environment within which IP Australia works. I hope I will be able to match Ian's enthusiasm and achievements.
My own public sector career began with the Australian federal Attorney-General's Department. In that Department, and later in what was until recently the Department of Industry, Tourism and Resources, I have held a variety of senior positions, most recently the head of the Tourism Division.
I hold degrees in Law and Computer Science from Monash University.
Over the next few weeks and months, I hope to be able to catch up with members of the IP community to discuss key IP issues. I hope that I will be able to lead IP Australia in a way which benefits all its stakeholders.
Philip Noonan
Director General
IP Australia
IP Australia has agreed to become an official supporter of the IP Strategy Forum 2.0, to be held in Sydney from the 20th to the 22nd of February.
The Forum has the potential to help increase understanding of intellectual property within the Australian business community so that managers can strategically maximise the value from their IP. The organisers of the event (Thomson) advise that the Forum will be a highly interactive and practical event, specifically designed to serve as a learning platform bringing together leading intellectual property professionals to exchange ideas on how to leverage existing intangible assets, protect brands, develop corporate value through IP and to help in gaining a competitive advantage.
Mr Ian Goss, General Manager of Business Development and Strategy Group at IP Australia will present a session at the Forum.
For more information relating to the IP Strategy Forum 2.0 or to register, please click here.
IP Australia has now completed its consideration of feedback received to IP Australia's consultation paper Incorporation of Patent and Trade Marks Attorneys. The consultation paper was released to the public on 17 October 2007 with responses due on 30 November 2007.
The attached Position Paper details an overview of comments received together with IP Australia's position in relation to those comments.
IP Australia will now seek the Australian Government's consideration of this proposal and approval to amend the relevant legislation to allow patent and trade marks attorneys to incorporate.
Incorporation of Patent and Trade Marks Attorneys
A scholarship is available for PhD study at the Melbourne Law School, University of Melbourne.
This research will analyse the differences in law, practice and effect, relating to the patent examination procedure in Australia, the US and Europe. By including quantitative and qualitative data, this project will produce a detailed plan for the incorporation of Australia’s best interests in the inevitable future reforms to the harmonising of national patent systems. This is a 3-year project supported by an ARC Linkage Grant and partly funded by IP Australia and the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the collaborating research partners.
For more information and details on how to apply, click here.
INNOVIC’s Next Big Thing Award™ is an annual nation-wide competition to find and showcase exciting new Australian products with the potential to become the 'next big thing'. Winners receive over $50,000 in cash and prizes plus valuable media exposure. An Exhibition of the 21 finalists’ innovations will be held at the Melbourne Museum between 14 May and 22 June 2008. Accompanying activities will include a Young Entrepreneurs’ Week, to stimulate and encourage the next generation of innovative Australians. IP Australia will again be a significant sponsor of the awards.
Application forms are available at www.nextbigthingaward.com/apply.html. Applications CLOSE on 14 March 2008. Previous Next Big Thing Award™ winners include, V-Focus, a catheter system that delivers and ‘recycles’ sensitive cardiac medication directly to the beating heart of a conscious patient, mHITs, a free SMS payment and e-wallet system and ClinchA, a pneumatic device for tying concrete reinforcement bars together. INNOVIC’s Next Big Thing Award™ is funded under a VicStart commercialisation contract with the Victorian Government.