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news - 2001
Archived news - 2001
Trade Marks Online Search Course Schedule for 2002
Olympic Insignia Protection Amendment Act 2001
New EURO Dollar Banking Arrangements
Melbourne University to establish and run multi-disciplinary IP research centre
Olympic Insignia Protection Amendment Act 2001
Patents Amendment Act 2001
A guide to: Trade Marks and Other Legislation Amendment Act 2001 & Trade Marks Amendment Regulations 2001 (No 3)
Release of Government responses to recent reviews of Intellectual Property legislation
Patents: Amendment of the Manual of Practice and Procedure
Release of ADDS Version 2 - Design representations now available on-line and other increased functionality
International Trade Mark Protection - Madrid Protocol now available in Australia
International Trade Mark Fee Calculator
Patents Amendment Bill 2001
Innovation Patent Available
Madrid Protocol Information Sessions
Exposure Draft of Design Bill 2001 Released
Changes to the Numbering System of Patent Documents
Innovation Patent Launched
Second WIPO Internet Domain Name Process Regional Consultation Announced
Electronic Transactions Act
Madrid Protocol - International Trade Mark Registration
Intellectual Property Research Centre
Extended Protection for Olympic Insignia
InnovatED - An innovation in education for Australia's future
Trade Marks Online Search Course Schedule for 2001
Trade Marks Online Search Course Schedule for 2002
30 November 2001
| Sydney |
March 21 & 22 |
COURSE FULL |
| Melbourne |
May 9 & 10 |
COURSE FULL |
| Sydney |
June 18 & 19 |
COURSE FULL |
For TM Training enquiries please contact Susanna Taylor (02) 6283 2817 if
you wish to discuss your particular training needs, course content and course
options.
Training bookings
* * Note there are only a limited number of places available. Pre-payment
is essential. If you wish to book a place on one of the scheduled training courses,
please call our Customer Support Centre on (02) 6283 2999, and ask for a "Payment
Options" form to be mailed out to you. The completed form can sent via a secure
fax line. You will be asked to provide; Payer details, Service details (eg.
Course details incl Preferred Venue & Dates, Attendee name/s), and Credit Card
Details.
Course Cancellations
Should you be unable to attend, a substitute delegate is always welcome at
no extra charge. All cancellations need to be made in writing. Regrettably no
refund can be made where notice is less than 7 days prior to the event.
Olympic Insignia Protection Amendment Act 2001
31 October 2001
The Olympic Insignia Protection Amendment Act 2001 implements the Government's
announcement of 24 March 2001 to give the Australian Olympic Committee (AOC)
protection for the expressions 'Olympic', 'Olympic Games' and 'Olympiad'. This
Act was passed by Parliament on 27 September 2001 and received Royal Assent
on 1 October 2001. It will commence on 29 October 2001.
The Act amends the Olympic Insignia Protection Act 1987 to protect these expressions
against unauthorised commercial use for advertising or promotional purposes
that suggests a sponsorship or like association with Olympic bodies, events
and athletes, namely the AOC, the International Olympic Committee, any Summer
or Winter Olympic Games, the organising committee of those games, any Australian
Olympic Team and any section or member of that team
The amending Act allows the AOC to license the use of these expressions and
take action against their unauthorised use. It provides for remedies against
unauthorised use and allows the Australian Customs Service to seize allegedly
infringing goods.
The amending Act also contains several provisions aimed at balancing the rights
given to the AOC with the interests of third parties with a legitimate claim
to the use of the protected Olympic expressions. For example, it allows athletes,
coaches and other parties to use the expressions to make factual statements
about their involvement with previous Olympic events and the word 'Olympian'
is specifically excluded from its operation. It also allows for the use of the
protected expressions for the purposes of factual reporting, criticism and review,
and existing rights to use any of the expressions will continue unaffected.
For more information, please go to the IP
legislation section of our website.
New EURO Dollar Banking Arrangements
09 October 2001
New EURO Dollar Banking Arrangements From 8 October 2001, IP Australia will
commence using Euro dollars (EUR) as the sole currency for issuing payments
and refunds to entities and individuals of participating European Union member
countries.
No payments or refunds will be made from that date in the national currencies
of the participating countries.
Melbourne University to establish and run multi-disciplinary
IP research centre
05 October 2001
The Government has announced that Melbourne University has been selected to
run a new multi-disciplinary IP research centre. The centre will benefit Australian
business by delivering research to underpin effective IP policy, develop best
commercial practice by firms in the use of IP and promote public debate on IP
protection issues.
IP Australia is responsible for establishing the centre and will provide the
$4 million base funding over four years.
Olympic Insignia Protection Amendment Act 2001
04 October 2001
The Olympic Insignia Protection Amendment Act 2001 implements the Government's
announcement of 24 March 2001 to give the Australian Olympic Committee (AOC)
protection for the expressions 'Olympic', 'Olympic Games' and 'Olympiad'. This
Act was passed by Parliament on 27 September 2001 and received Royal Assent
on 1 October 2001. It will commence on 29 October 2001.
The Act amends the Olympic Insignia Protection Act 1987 to protect these expressions
against unauthorised commercial use for advertising or promotional purposes
that suggests a sponsorship or like association with Olympic bodies, events
and athletes, namely the AOC, the International Olympic Committee, any Summer
or Winter Olympic Games, the organising committee of those games, any Australian
Olympic Team and any section or member of that team
The amending Act allows the AOC to license the use of these expressions and
take action against their unauthorised use. It provides for remedies against
unauthorised use and allows the Australian Customs Service to seize allegedly
infringing goods.
The amending Act also contains several provisions aimed at balancing the rights
given to the AOC with the interests of third parties with a legitimate claim
to the use of the protected Olympic expressions. For example, it allows athletes,
coaches and other parties to use the expressions to make factual statements
about their involvement with previous Olympic events and the word 'Olympian'
is specifically excluded from its operation. It also allows for the use of the
protected expressions for the purposes of factual reporting, criticism and review,
and existing rights to use any of the expressions will continue unaffected.
Patents Amendment Act 2001
04 October 2001
The Patents Amendment Act 2001 was passed by Parliament on 27 September 2001
and received Royal Assent on 1 October 2001. It will commence on 1 April 2002,
unless it is proclaimed before that date. The main objective of this Act is
to implement improvements to Australia's intellectual property system set out
in the Government's science and technology policy statement, Backing Australia's
Ability: an Innovation Action Plan for the Future, which was launched by the
Prime Minister on 29 January 2001.
In the Innovation Action Plan the Government committed to strengthening the
novelty and inventive step requirements of the Patents Act to more closely align
these tests with international standards. Specifically, the amending Act:
- expands the scope of the information that an invention can be compared against
to ensure it complies with the novelty and inventiveness tests of the Patents
Act;
- replaces the requirement that a patent applicant be given the benefit of
the doubt in relation to these tests with a more stringent requirement similar
to the 'balance of probabilities' requirement more generally used in civil
law matters; and
- introduces a requirement for applicants to provide the Commissioner of Patents
with the results of any searches they have had carried out that may be relevant
in determining whether an invention meets these tests.
The remaining amendments in the amending Act involve minor, technical changes.
The most significant of these is an amendment to better protect the interests
of third parties where they have begun to use an invention before the patent
owner sought patent protection for that invention.
A guide to: Trade Marks and Other Legislation Amendment
Act 2001 & Trade Marks Amendment Regulations 2001 (No 3)
27 September 2001
The Trade Marks and Other Legislation Amendment Act 2001 (TMOLA Act)
and the Trade Marks Amendment Regulations 2001 (No 3) (TMOLA Regulations)
came into force on 19 September 2001. The provisions they contain were mostly
intended to streamline procedures and remove anomalies and ambiguities identified
since the Trade Marks Act 1995 and the Trade Marks Regulations 1995
came into operation. There are also provisions in the TMOLA Regulations that
amend the Trade Marks Amendment Regulations 2001 (No 1), which came into
force on 11 July 2001, and which specify procedures for Office handling of trade
marks under the Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks (the Madrid Protocol). The main purpose
of these provisions is to ensure that changes made by the TMOLA legislation
in respect of domestic trade marks is also reflected in respect of international
trade marks.
Release of Government responses to recent reviews
of Intellectual Property legislation
28 August 2001
The Government responses to two recent reviews of the intellectual property
system, the Intellectual Property and Competition Review (IPCR) Final Report
of September 2000 and the Advisory Council on Intellectual Property (ACIP) review
of patent enforcement of March 1999, were released today by the Minister for
Industry, Science and Resources Senator Nick Minchin, the Attorney-General Daryl
Williams and the Minister for Communications, Information Technology and the
Arts Senator Richard Alston.
The proposed legislative changes to Australia's intellectual property system
will make the system more responsive to users' needs and provide a better balance
with competition policy. The IPCR examined legislative restrictions on competition
in Australia's intellectual property laws, in accordance with the National Competition
Principles Agreement adopted by all Australian Governments. The Agreement requires
that restrictions on competition should only be retained if the benefits outweigh
the costs to the community as a whole.
The proposed changes to Australia's patent and trade marks systems include
raising the threshold tests for obtaining a patent to international standards,
implementing a grace period to protect a patent application against invalidation
by inadvertent or ill-timed public disclosure, and amending the Trade Marks
Act 1995 to remove the impediment to the parallel importation of legitimately
trade marked goods.
Government response to the IPCR recommendations
 Government
response to the IPCR recommendations
Government
response to the ACIP recommendations
Joint
Media Release of Senator Minchin, the Attorney-General and Senator Alston
Further information on Australia's copyright system is available on the website
of the Attorney-General's Department at http://www.law.gov.au,
and the website of the Department of Communications, Information Technology
and the Arts at http://www.dcita.gov.au.
Patents: Amendment of the Manual of Practice and
Procedure
13 August 2001
In August 2001 amendments were made to the Manual of Practice and Procedure
Volume 1 - International.
The principal changes relate to:
- Specifying that the applicant's reference used is the latest reference from
the applicant's correspondence (not WIPO's correspondence) (para 1.11.4)
- Clarification of reporting practice regarding omnibus claims (para 1.11.23)
- Standardising reporting practice for fields searched (paras 1.11.20 - 1.11.32)
- Standardising reporting practice for family listing when there are no family
members reported by INPADOC (i.e documents published 1968 or later) (para
1.11.34)
- Addition of reference to electronic and automatic generation of Family Listings
using Author Keying macros. (para 1.11.34 Option B)
- Standardising reporting practice for citations and extra examples added
- ISR Check Sheet replaced by new ISR Checklist (Annex U)
Release of ADDS Version 2 - Design representations
now available on-line and other increased functionality
2 August 2001
Version 2 of the Australian
Designs Data Searching (ADDS) system is available, and offers even more
features to people wanting to search the Designs database. Now you can view
representations on-line (initially those registered from 1 July 2001 onwards)
and by Australian classification sub-codes. Other enhancements include a new
"common search" screen, up to 1000 results returned in pages of 50 and the ability
to not display representations. Please send any feedback/questions to designs@ipaustralia.gov.au.
International Trade Mark Protection - Madrid Protocol
now available in Australia
11 July 2001
The Madrid Protocol treaty for the international protection of trade marks
takes effect in Australia today. The option of seeking international trade mark
protection using the Protocol will make it easier and more cost effective for
Australian businesses to protect their trade marks in some of Australia's key
export markets.
Australian exporters can now use the Protocol to protect their trade marks
in any or all of the other 51 members of the Protocol, including the United
Kingdom, Japan, China, Singapore and European Union Countries. Only one application
is necessary, which can be filed through IP Australia in English, making it
a much simpler process to protect valuable trade marks overseas.
For more information, please click
here.
International Trade Mark Fee Calculator
15 June 2001
Our Online Services area has extended its fee calculator service to include
costs for international registration of trade marks under the Madrid Protocol.
This service will be available from 9.30am EST Monday 18 June. The fee calculator
will be further extended to cover the remaining types of IP rights and services
in later versions. To view the international trade mark fee calculator, click
here.
Patents Amendment Bill 2001
24 May 2001
The Parliamentary Secretary to the Minister for Industry, Tourism and Resources,
the Hon Warren Entsch MP, introduced the Patents Amendment Bill 2001 into the
House of Representatives on 24 May 2001. The Bill amends the Patents Act 1990
to implement improvements to Australia's intellectual property system set out
in the Government's Innovation Action Plan for the Future, Backing Australia's
Ability (which was launched by the Prime Minister on 29 January 2001).
The Innovation Action Plan amendments in the Bill: expand the scope of the
information that an invention can be compared against to ensure it complies
with the novelty and inventiveness tests of the Patents Act; replace the requirement
that a patent applicant be given the benefit of the doubt in relation to these
tests with a more stringent test; and introduce a requirement for applicants
to provide the Commissioner of Patents with the results of any searches they
have had carried out that may be relevant in determining whether an invention
meets these tests.
Although the Innovation Action Plan statement only encompasses standard patents,
most of the amendments to implement this commitment are also being made to the
new innovation patent system (which commenced on 24 May 2001) to ensure that
these new patents are subject to the same higher standards and are not less
valid or less enforceable patent rights.
You can view the Patents Amendment Bill at the Parliament of Australia website
under "current bills" at http://www.aph.gov.au/bills/index.htm.
Innovation Patent Available
24 May 2001
The innovation patent is now available from IP Australia. The innovation patent
is designed to be a relatively inexpensive patent right, which is quick and
easy to obtain. It is the result of extensive research into the need of the
Australia's business community for a low cost entry point into the intellectual
property system.
For more information about innovation patents, click
here.
Online Services Facility
To coincide with release of the innovation patent a new Online Services facility
is now available where you can submit electronic applications for innovation
patents and trade marks. It is IP Australia's intention that customers will
be able to apply for standard patents online by the end of 2001 and all other
rights administered IP Australia in 2002.
Click
here to find out more about the Online Services facility or to apply online.
Madrid Protocol Information Sessions
4 May 2001
From 11 July 2001 Australian trade mark owners will be able to file an international
application through IP Australia and seek protection for their trade mark in
any or all of the other 50 Madrid Protocol countries.
IP Australia is holding free information sessions and workshops in capital
cities to increase awareness and knowledge of the Madrid Protocol. The information
sessions will be of interest to trade mark owners, exporters, members of the
IP profession and legal representatives.
Exposure Draft of Design Bill 2001 Released
4 May 2001
The Parliamentary Secretary to the Minister for Industry, Tourism and Resources,
the Hon Warren Entsch MP, has released an Exposure Draft of the Designs Bill
to implement a new registration system for industrial designs for Australia.
IP Australia welcomes comments in relation to the drafting and clarity of
the Bill - we are particularly interested in receiving comments that focus on
whether the key provisions (such as the definitions, threshold and infringement
tests) are likely to work satisfactorily in practice. IP Australia wishes to
ensure that the new legislation is accessible and relevant to users and stakeholders,
and that the new registration system is quick, simple and efficient in its operation,
as well as cost effective.
To enable the Bill to be settled in time to meet Parliamentary timetables for
introduction, IP Australia would like to receive any written comments on the
Bill by close of business on Friday 1 June 2001.
Submissions may be sent to:
Ms Alison Henkel
IP Australia
PO Box 200
WODEN ACT 2606
Email: alison.henkel@ipaustralia.gov.au
Fax (02) 6281 7247.
Changes to the Numbering System of Patent Documents
30 April 2001
With the introduction of the new innovation patent system set for May 24 2001,
IP Australia has decided to review the present numbering system for all patent
types. As a result, IP Australia will be changing the present numbering system
to the preferred WIPO numbering standard.
It is envisaged that, from September 2001, all other Australian patent documents
will be numbered under the new system. IP Australia will advise its customers
closer to the actual implementation of the numbering for all patent applications.
Innovation Patent Launched
27 April 2001
The innovation patent was officially launched yesterday by Mr Warren Entsch,
Parliamentary Secretary to the Minister for Industry, Tourism and Resources,
Dr Vivienne Thom, Commissioner of Patents and Mr Douglas Carter, President of
the Institute of Patent and Trade Mark Attorneys. The launch coincided with
the first World Intellectual Property Day.
The innovation patent is designed to be a relatively inexpensive right, which
is quick and easy to obtain. It is the result of extensive research into the
needs of Australia's business community for a low cost entry point into the
intellectual property system.
The innovation patent will be available to the public from 24 May 2001 and
IP Australia has produced an Innovation Patent Kit which provides detailed information
about the new patent and how to apply. This kit can be ordered by calling 1300
651010.
More information about the Innovation Patent can be found here.
Second WIPO Internet Domain Name Process Regional Consultation
Announced
27 April 2001
All interested parties are invited to attend the regional consultation being
organized in Melbourne, Australia, by the World Intellectual Property Organisation
(WIPO) and co-hosted by IP Australia, the Department of Foreign Affairs and
Trade of Australia, and the National Office of the Information Economy (NOIE),
with the assistance of the Law School, University of Melbourne, to discuss the
Second WIPO Internet Domain Name Process.
The consultation is being held in Melbourne on May 24, 2001.
Electronic Transactions Act
March 2001
The Electronic Transactions Act has been introduced to encourage the use of
electronic commerce in the Australian economy. The Act comes into operation
from 1 July 2001, but its provisions can be applied earlier.
Essentially, the Act broadly removes existing legal impediments that may prevent
a person using electronic communications to satisfy obligations under Commonwealth
law. For example under the provisions of the ETA, electronic communications
methods such as fax and email will have the same legal standing as a traditional
physical letter. The Act also aims to give business and the community the option
of using electronic communications when dealing with Government agencies.
IP Australia is in the process of implementing a number of online systems to
help customers obtain greater access to our products and services by streamlining
business processes to incorporate online capabilty. As a first step, customers
will be able to apply for the new Innovation Patent online, as well as having
the option of lodging an application using the usual paper based options. This
means that clients can have full confidence in whichever system used, be it
online, fax or paper-based.
To view the Electronic Business Rules as they apply to all of IP Australia
or to find out more about the Electronic Transaction Act click
here.
Madrid Protocol - International Trade Mark Registration
March 2001
Australia's instrument of accession to the Madrid Protocol, which relates
to international registration of trade marks, has been deposited with WIPO.
The Protocol will come into force in Australia on 11 July 2001.
From that date, Australian trade mark owners will be able to use this international
trade mark registration system to apply to register their trade marks in participating
member countries overseas, such as United Kingdom, Japan and Germany. The Protocol
will allow Australian innovators to protect their trade marks in key export
markets, providing a simpler and less expensive way of seeking international
trade mark protection than is currently available.
The Protocol will also allow applicants overseas to nominate Australia in their
international application.
Intellectual Property Research Centre
March 2001
With the growing importance to wealth creation of innovation and creativity in
the knowledge-based economy, there is an increasing need for research on policy
issues associated with the management and exploitation of intellectual property
(IP). Such research needs to draw together expertise across a range of disciplines
- such as economics, management, law, science and technology. This research is
required to underpin effective policy development in relation to IP; the development
of best commercial practice in the use of IP; and to promote healthy and informed
debate on IP protection issues of importance to Australia.
In its recent statement Backing Australia's Ability, the Federal Government reaffirmed
its commitment to promote research, development and innovation as a key to Australia's
future prosperity. In particular, the statement accepted a recommendation of the
National Innovation Summit by "establishing an IP research centre to provide independent
inter-disciplinary input into IP policy formulation on matters such as IP management,
enforcement, and evaluation and protection costs". IP Australia, the Federal Government
agency that administers patents, trade marks and designs, has been given responsibility
for establishing the centre and will provide base funding.
Extended Protection for Olympic Insignia
March 2001
The Government acknowledges the vital role played by the Australian Olympic
Committee (AOC) in preparing Australian athletes for international competition.
In support of that role, the Government announced on 24 March 2001 that it would
further strengthen the AOC's ability to raise sponsorship funding by extending
the protection available to it under the Olympic Insignia Protection Act 1987
(the Olympic Insignia Act).
The Government has decided that commercial use, for the purposes of promotion
or advertising in relation to specific bodies and events, of the words 'Olympic',
'Olympic Games' and 'Olympiad' (the Olympic words) will be the subject of this
further protection. This protection would, in general terms, operate in a similar
way to the protection afforded by the Sydney 2000 Games (Indicia & Images) Protection
Act 1996 (the Sydney Games Act), but will be restricted to the above words.
Specific exemptions will be included to protect pre-existing rights to the use
of the words, and to allow their unrestricted use for the purposes of criticism,
review and the provision of information (including factual reporting in the
media).
InnovatED - An innovation in education for Australia's
future
8 March 2001
On Thursday 8 March, Minister for Education, Training and Youth Affairs, Dr
David Kemp and Mr Warren Entsch, Parliamentary Secretary to the Minister for
Industry, Tourism and Resources, launched IP Australia's school education program,
InnovatED at Parliament House in Canberra.
InnovatED is one of the first initiatives released under the Government's
Innovation Action Plan for the Future, Backing Australia's Ability, and was
produced by IP Australia in close co-operation with DETYA.
The InnovatED program comprises two websites, one for students and one
for teachers and a multimedia CD-ROM, entitled Big Ideas. All resources are
provided free of charge.
The InnovatED student website contains an extensive range of interviews
with real innovators, such as artists, writers, computer programmers and designers,
who provide information to students about the work they do and how to use ideas
and creativity to develop a career. It also includes interactive learning games
and resources for further exploration into innovation and intellectual property.
The InnovatED teacher website provides more than 100 lesson plans for
the Key Learning Areas of English, Arts, Science and Technology and Studies
of Society and the Environment. The Big Ideas CD-ROM is a character-based interactive
story which traces the adventures of two young Australians, Ruby and Lucas,
as they learn about ideas and creativity.
The CD-ROM provides real learning outcomes and commentary by experts such as
intellectual property lawyers and scientists, designers and writers to help
students understand the world of creativity and innovation. Big Ideas can be
used by students in the classroom or at home.
InnovatED resources, including teacher's lesson plans, student's website
and Big Ideas CD-ROM can be accessed through the InnovatED website at www.innovated.gov.au.
The Big Ideas CD-ROM can also be ordered for free by calling 1800 010 999.
Trade Marks Online Search Course Schedule for 2001
10 January 2001
| Melbourne |
September 13 & 14 |
$520.00 per person (COURSE FULL) |
| Canberra |
October 25 & 26 |
$250.00 per person (COURSE CANCELLED) |
For TM Training enquiries please contact Susanna Taylor (02) 6283 2817 if
you wish to discuss your particular training needs, course content and course
options.
Training bookings
* * Note there are only a limited number of places available. Pre-payment
is essential. If you wish to book a place on one of the scheduled training courses,
please call our Customer Support Centre on (02) 6283 2999, and ask for a "Payment
Options" form to be mailed out to you. The completed form can sent via a secure
fax line. You will be asked to provide; Payer details, Service details (eg.
Course details incl Preferred Venue & Dates, Attendee name/s), and Credit Card
Details.
Course Cancellations
Should you be unable to attend, a substitute delegate is always welcome at
no extra charge. All cancellations need to be made in writing. Regrettably no
refund can be made where notice is less than 7 days prior to the event.
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