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For an abbreviated version, you can request a pamphlet by phoning (02) 6283 2999, or toll-free 1300 65 10 10, or you can pick up a copy from your nearest State Office. For more details, go to: http://www.ipaustralia.gov.au/about/charter_index.shtml New Version of ATMOSS
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| Mon | Tue | Wed | Thu | Fri |
| Dec 22 | Dec 23 | Dec 24 | Dec 25 Christmas Day |
Dec 26 Boxing Day |
| Dec 29 Additional Day |
Dec 30 Close Down |
Dec 31 Close Down |
Jan 1 New Year's Day |
Jan 2 |
Please note that Friday 2 January, 2004 has not been declared a public holiday and is not covered by the Christmas 'Close Down' provisions and will be business as usual.
The 30 and 31 December are not public holidays for the purposes of the Patents, Trade Marks or Designs Acts. This means that all deadlines that fall due on the 30 and 31 December will still need to be met by customers. In order to provide essential services to our customers on the days of 30 and 31 December, a skeleton staff will be on duty. State Offices will remain open during this period to receive applications, payments and other documents and to provide searching facilities. Our Customer Service Number 02 6283 2999, will also be available to answer enquiries.
However all processing and examination work will occur outside of this period.
To assist us to deal with urgent matters, customers are requested to send all non-urgent work outside of the Christmas close down period. Where critical deadlines fall due on a day during the Christmas close down (25th December 2002 to 1st January 2003), customers are advised to undertake necessary action prior to the Christmas close down. Some examples of these critical deadlines include:
If this is not possible and customers need to take action on 30 or 31 December, our Customer Service staff will be available to assist on 02 6283 2999.
Recommendations Paper 1 is now released and available for comment
The objective of this Review was to ensure that the legislation was accurate, clear, unambiguous and meets the needs of Australian business, users of the trade mark system and IP Australia.
Submissions were invited from interest groups such as AMPICTA, IPTA, the Law Council of Australia, LESANZ; the Australian Chamber of Commerce and Industry (ACCI), INTA, FICPI, and IPSANZ. Comments were invited from Government Departments, the Australian Wine and Brandy Corporation and NOIE.
Recommendations Paper 1 has now been released and IP Australia welcomes any comments you may have regarding the review; a copy of the paper is available by clicking here (pdf format).
The closing date for comments on Recommendations Paper 1 is 30 November 2003. It is expected that Recommendations Paper 2 will be made available shortly.
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Dr Ian Heath, elected Chair of the PCT Union Assembly
The Assemblies of the Member States of the World Intellectual Property Organization (WIPO) held their 39th Series of Meetings in Geneva from September 22 to October 1, 2003. During that time Dr Ian Heath, Director General, IP Australia, was elected Chair of the Patent Cooperation Treaty (PCT) Union Assembly for a period of two years. Issues discussed by the PCT Union Assembly included the restructuring of the PCT fees, the admission of Finland as and International Search and Examination Authority and the status reports of the IMPACT and PCT-Safe projects.
Dr Francis Gurry appointed Deputy Director General, WIPO
Dr Kamil Idris, Director General, WIPO has appointed Dr Francis Gurry, an Australian national, as Deputy Director General from December 1, 2003 to November 30, 2006. This appointment is the highest office currently occupied by an Australian in the UN system. Dr Gurry is currently Assistant Director General and Legal Counsel of WIPO. Prior to joining WIPO in 1985, Dr Gurry practised as an attorney and taught law at Melbourne University.
IP Australia, in association with more than 25 leading Australian universities, will be presenting intellectual property seminars specifically targeted at the university community.
Each seminar will cover topics such as:
Please find following a list of participating universities and the dates of the seminars (please note times and venue details will be made available shortly). To register your interest in attending a tertiary seminar, please email marketing@ipaustralia.gov.au.
| State | University | Date |
| ACT | Aust National Uni | 2 pm, 5 August 2003 |
| Uni of Canberra | Mid October | |
| NSW | Charles Sturt Uni Wagga | 4 August 2003 |
| Uni of Tech, Sydney | 5 August 2003 | |
| Uni of New England | 8 August 2003 | |
| Macquarie Uni | 12 August 2003 | |
| Southern Cross Uni | 13 August 2003 | |
| Uni of West Sydney | 14 August 2003 | |
| Uni of Sydney | 2 October 2003 | |
| VIC | Deakin Uni | 12 August 2003 |
| Swinburne Uni | 13 August 2003 | |
| Uni of Melbourne | 14 August 2003 | |
| SA | Uni of South Aust | 4 August 2003 |
| Uni of Adelaide | 6 August 2003 | |
| Flinders Uni | 23 September 2003 | |
| WA | Edith Cowan Uni | 5 August 2003 |
| Uni of WA | 6 August 2003 | |
| Murdoch Uni | 7 August 2003 | |
| QLD | Uni of Sunshine Coast | 11 August 2003 |
| Uni of Sth Qld | 12 August 2003 | |
| Uni of Qld | 14 August 2003 | |
| QUT | 15 August 2003 | |
| Central Uni of QLD | TBC |
IP Australia occasionally receives notification of instances in which inventors, designers and businesses have fallen victim to companies offering fraudulent IP protection or promotion services. While the majority of Australian companies providing support in registration, maintenance and promotion of IP are reputable, it pays to be on the lookout for warning signals associated with unscrupulous operators.
False trade mark registersIf you own a registered trade mark, you may find yourself the target of sham letters regarding overseas registration of your mark. As a rule of thumb, letters from unfamiliar organisations, especially letters requesting payment for unsolicited services, should be treated with scepticism.
Several owners of registered trade marks have recently reported receiving correspondence offering bogus services in relation to trade mark registration and maintenance. Such communication has taken a number of forms.
Examples include:
IP Australia advises that mail from unknown sources on the subject of trade mark registration should be treated with caution. In cases where the credibility of correspondence is questionable, it would be prudent to consult a professional adviser, such as a trade mark attorney.
Companies reported to have disseminated deceptive communications to trade mark owners include:
Please note the above list is not necessarily comprehensive, and it is possible that bogus letters will come from companies not listed in this article.
Fraudulent Invention Promoters
Another breed of dishonest business targeting innovative individuals and companies is the fraudulent invention promoter.
Often inventors find that while they are highly capable in their own field of expertise, they can benefit from a helping hand to "sell" their idea to potential investors. The assistance of a trustworthy promotion company can be invaluable. Access to the right networks, public relations skills, and sufficient staff to make the necessary calls and attend the right meetings can make a significant difference in getting an invention off the ground. Unfortunately, if you're new to the world of commercialising IP, promotion companies that don't have your best interests at heart may see you as an easy target.
According to Rory Hogan of the Inventors Association of Australia, reports of novice inventors falling prey to unscrupulous operators are on the increase. Dishonest practices by promoters include:
While it is important to note that dishonest operators are a distinct minority, it is certainly worthwhile maintaining a vigilant attitude when deciding who to entrust with the role of promoting your invention.
For more information please visit the UK Patent Office website that contains a warning of dishonest service providers: http://www.patent.gov.uk/tm/notices/regular/mailshots.htm
The United Inventor's Association, based in the USA, has published a list of Red Flag Warnings which may assist in ascertaining the legitimacy of a company. To view this list, follow the link: http://uiausa.com/Redflag.htm.
For further information and advice on promoting your invention, contact your state or territory Inventors Association. For contact details follow the link: http://www.ipaustralia.gov.au/resources/professionals_sites.shtml.
The ATMOSS Classification Search has been updated with improved instructions on the most effective search methods. In addition, the search now includes the Office Determinations which support the Nice Classification of Goods and Services. Use of the Classification Search can reduce potential delays in examination by eliminating the need to deal with matters of classification during the examination process.
The Intellectual Property Laws Amendment Act 2003 was passed by Parliament on 19 June 2003 and received the Royal Assent on 26 June 2003.
This Act amends the extension of time provisions in the Patents, Trade Marks and Designs Acts. Under the amended Acts, where a time period is not complied with because of an error or omission by a third party, such as a contractor performing services for the Patent, Trade Marks or Designs Office, the time period can be extended. These amendments commenced on 24 July 2003.
The Act also replaces the regime for the disclosure of search results under sections 45 and 101D of the Patents Act. The new search results regime requires applicants and patentees to disclose the results of searches conducted by other Patent Offices in respect of corresponding applications filed overseas.
The new regime applies to all standard patents that had not been accepted before 1 April 2002 and to all innovation patents unless the Commissioner of Patents had commenced examination of the patent before 1 April 2002. This is the same as the application arrangement that was put in place for the previous disclosure regime, which commenced on 1 April 2002. As such, any requirement to comply with the previous regime has been replaced with a requirement to comply with the new regime. To prevent any duplication, the Act specifically provides that any information disclosed under the previous regime will be taken to have been filed under the new regime and does not need to be re-submitted.
The amendments to the Patents Regulations that are needed to implement the details of the new disclosure regime have been made [Patents Amendment Regulations 2003 (No. 2)]. The regulations prescribe:
The new disclosure regime commenced on 26 August 2003. As a transitional arrangement, all applicants and patentees have until 1 February 2004 to comply with the new requirements.
IP Australia, in association with more than 25 leading Australian universities, will be presenting intellectual property seminars specifically targeted at the university community.
Each seminar will cover topics such as:
Please find following a list of participating universities and the dates of the seminars (please note times and venue details will be made available shortly). To register your interest in attending a tertiary seminar, please email marketing@ipaustralia.gov.au.
| State | University | Date |
| ACT | Aust National Uni | 2 pm, 5 August 2003 |
| Uni of Canberra | Mid October | |
| NSW | Charles Sturt Uni Wagga | 4 August 2003 |
| Uni of Tech, Sydney | 5 August 2003 | |
| Uni of New England | 8 August 2003 | |
| Macquarie Uni | 12 August 2003 | |
| Southern Cross Uni | 13 August 2003 | |
| Uni of West Sydney | 14 August 2003 | |
| Uni of Sydney | 30 September 2003 | |
| VIC | Deakin Uni | 12 August 2003 |
| Swinburne Uni | 13 August 2003 | |
| Uni of Melbourne | 14 August 2003 | |
| SA | Uni of South Aust | 4 August 2003 |
| Uni of Adelaide | 6 August 2003 | |
| Flinders Uni | 23 September 2003 | |
| WA | Edith Cowan Uni | 5 August 2003 |
| Uni of WA | 6 August 2003 | |
| Murdoch Uni | 7 August 2003 | |
| QLD | Uni of Sunshine Coast | 11 August 2003 |
| Uni of Sth Qld | 12 August 2003 | |
| Uni of Qld | 14 August 2003 | |
| QUT | 15 August 2003 | |
| Central Uni of QLD | TBC | |
| Griffith Uni | 3 October 2003 |
The Intellectual Property Research Institute of Australia (IPRIA) will hold the first of its annual Trade Marks conferences at the University of Melbourne on 26 September 2003. Much anticipated and much needed, it will bring together stakeholders to discuss the development, management and regulation of trademarks in the 21st century.
The conference will be opened by Hon. Warren Entsch MP, Parliamentary Secretary responsible for IP Australia. Keynote speaker will be one of the most influential trade marks experts, Prof. Thomas McCarthy, who will explore the controversial issue of trade mark dilution. Of special interest to practitioners will be Dr Pete Summers on forecasting trade mark activity and Dr Peter Tucker, Registrar of Trade Marks, on the future as viewed by IP Australia. Dr George Beaton will examine the implications of trade marks being extended beyond "marks" while Dr Owen Morgan and Dr Mark Davison will query trade mark protection in Australia for icons and shapes. International developments in geographical indications and their likely impact on Australian food and wine industries will be reviewed by Mr Bruce Drinkwater of Southcorp and Ms Susan Farquhar of IP Australia.
Further details are available on the IPRIA website.
The fortnightly Designs journal is now available as a PDF file in the Online Services area of IP Australia's website. The PDF file can be viewed online or downloaded and printed by users. The first journal, Volume 17 No. 12, is currently available and this and future issues can be accessed at:
http://pericles.ipaustralia.gov.au/ols/epublish/content/olsDesignPDFs.jsp
If you have any queries or problems regarding any service provided through the Online Services facility please call our Customer Support Centre on (02) 6283 2999. Alternatively you can e-mail assist@ipaustralia.gov.au
IP Australia presents: Intellectual Property.......how to protect and profit from your IP in one straightforward seminar.
In association with the Australian Innovation Festival, IP Australia will be conducting National Small Business IP Seminars in May 2003 in all major capital cities around Australia:
IP professionals will discuss how innovative Australian businesses have used IP strategies to successfully gain commercial advantage in the domestic and international marketplace, and will cover:
For more information and to register, please download the flyer below or email assist@ipaustralia.gov.au.
Small
business seminar flyer 2003
Design Applications - Copies of Representations
The Designs Office has reviewed its practice in relation to the number of copies of representations required to be filed with new designs applications.
For quite some time the practice of the Designs Office has been to require the filing of seven (7) copies of representations in association with new design applications.
As a result of new business processes within the Designs Office this practice has been reviewed and changed.
As from 10 April 2003 only five (5) copies of representations will be required to be lodged in association with new design applications.
If you require further information about this change, please contact Victor Portelli, Deputy Registrar of Designs, (02) 6283 2093, during normal business hours.
The Designs Bill 2002 and the Designs (Consequential Amendments) Bill 2002, introduced into the Parliament on 11 December 2002, were referred to the Senate Economics Legislation Committee on 5 March 2003. The Committee is due to report by the 27 March 2003 and has requested submissions be lodged with the Secretariat by Thursday 20 March 2003. The Committee is interested in receiving views from interested parties. After receiving and evaluating submissions, the Committee may invite a range of submittors to give further evidence at public hearings. Submissions should be sent to:
The Secretary
Senate Economics Legislation Committee
Room SG.64
Parliament House
CANBERRA ACT 2600
Where possible, the Committee has asked that submissions be provided by email to economics.sen@aph.gov.au preferably as MS Word 97 or RTF format.
Information and notes to assist in preparing submissions are available from the website www.aph.gov.au/senate/committee or the Secretariat (ph: (02) 6277 3540, fax: 02 6277 5719).
IP Australia will have a significant presence at Australia's first-ever Commercialisation Forum and Fair of Ideas. The event will showcase a feast of new ideas and technologies from public sector research and technology institutions. IP Australia will have a stand to distribute a range of IP related resources and materials to conference attendees.
The Forum and Fair has been designed to bring innovative ideas and entrepreneurial capability together in a dynamic and interactive environment. We hope to see you at the conference which will take place at the Sydney Convention and Exhibition Centre, Darling Harbour, Sydney from March 26 - 28. For more information follow this link: http://www.kca.asn.au/.
IP Australia is committed to delivering effective e-solutions to our existing and new customers with the goal of online business transactions becoming easier and faster than ever before. We have developed a System Events Schedule to help keep you up to date on all the latest developments as we improve our e-business systems.
The information in the Schedule covers the New Business Model which encapsulates the New Patent Solution (NPS), Online Services (OLS) as well as other existing and proposed e-business solutions.
AU Patent Specifications on IP Australia's web site now includes backfile AU-A patent specifications published from 17 December 1998 to 27 May 1999, thereby bringing the AU-A patent specifications into line with AU-B and C patent specifications on AU Patent Specifications. A backfile of non-convention, non-PCT AU patent specifications back to 1975 will be added to AU Patent Specifications and will be available on CD-ROM in the next few months.
A new Designs Bill 2002 and Explanatory Memorandum were introduced into Federal Parliament on 11 December 2002. The final drafting of this Bill was preceded by the publication of an Exposure Draft in May 2001. A Designs (Consequential Amendments) Bill 2002 and Explanatory Memorandum were introduced at the same time.
During the second reading speech Mr Warren Entsch MP, Parliamentary Secretary to the Minister for Industry, Tourism and Resources, explained:
"This bill will repeal the Designs Act 1906 and implement a new registration system for industrial designs. It represents a fundamental change to the registration and protection of industrial designs in Australia and is the culmination of many years of review and consultation.
In light of industry concerns with the current designs legislation, the Australian Law Reform Commission undertook an extensive review of the Designs Act. The ALRC found that the current designs system provides ineffective protection because registration is too easy to obtain but the rights lack enforceability because it is difficult to prove that a registration has been infringed.
The ALRC recommended that the government improve the designs system by providing clearer definitions, stricter eligibility and infringement tests, a more streamlined registration system and better enforcement and dispute resolution procedures. The report included 188 separate recommendations, the vast majority of which were accepted by the government."
The World Intellectual Property Organization (WIPO) has announced that the Government of the People's Republic of China will host the WIPO Summit on Intellectual Property and the Knowledge Economy in Beijing, from April 24 to 26, 2003.
"Today, a state does not have to be "lucky" – in terms of its possession of land, labor and capital – to succeed. Creativity and innovation are the new drivers of the world economy and national well-being increasingly depends on the strategy a country develops to harness its intellectual capital. An effective intellectual property system is the foundation of such a strategy. Within knowledge-based, innovation-driven economies, the intellectual property system is a dynamic tool for wealth creation – providing an incentive for enterprises and individuals to create and innovate; a fertile setting for the development of, and trade in, intellectual assets; and a stable environment for domestic and foreign investment."
For more information, please visit http://wipo.int/summit-china/en/index.html.
After continuous development over the end of 2002, IP Australia has now launched its latest online presence. After consultation with customers in mid 2002, we worked on a range of new features, the most significant of these being:
If you have any comments regarding the new site, please fill in our online feedback form. We hope you enjoy browsing our latest development, and we look forward to seeing you back here in the future!
IP Australia wishes to advise customers to be aware of approaches and requests for payment from firms purporting to register PCT patent applications.
Full details of the warning can be found on the WIPO website at http://www.wipo.org/pct/en/warning/pct_warning.htm.
| Introductory | Melbourne | 4 & 5 September | COURSE FULL |
| Advanced | Canberra | 12 November | $200 |
| Introductory | Canberra | 13 & 14 November | $300 |
For enquiries please contact the IP Australia Customer Support Centre on
(02) 6283 2999. For information about course content, please click on the following
links: Introductory or Advanced.
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 contact 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 be sent via
secure fax line.
You will be asked to provide; Payer details, Service details (eg Course details,
Preferred Venue & dates, Attendee name/s) and Credit Card details. Tax invoices
will be provided following the course.
** Please also detail any special dietary requirements you may have.
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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