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news - 2008
What's new archived - 2008
IP Australia's Christmas shutdown
Intellectual Property Council Members Appointed
Australia joins IP treaties and signs new Agreement with WIPO
Intellectual Property Amendment Regulations
Enhancements to ATMOSS
Trade Mark Counterfeit - Review of penalties and additional damages
Review of State based lodgement services
Western Australia State Office Relocation
Changes to the Trade Mark and Design Certificates
Copycat in Design – Public Enemy No 1
Intellectual property crime and enforcement in Australia
Call for public submissions on possible Australian participation in a Trans-Pacific Partnership Agreement
IP Australia and USPTO sign international patent search arrangement
Commercialising Inventions - What’s the Story?
IP Australia’s Attorney Placement Program - applications now open!
IPTA offers free consultation service to inventors
Fee Review Proposed Fees for Consultation
Australian Appointed as Director General of the World Intellectual Property Organization
PCT Rule and Fee changes
Australia and Korea Reach Historic Agreement
Australian IP System - Seminar in Beijing 29 October 2008
Protect Your Design Genius - Tired of other people knocking you off and want to know what to do about it?
Fashion and Intellectual Property
Assessment Framework for PBR extension approved by Minister
IP Australia Recognised as an International Search Authority by the USPTO
Review of Patentable Subject Matter - Issues Paper
Trial Customer Appointment System in selected State Offices
Intellectual Property Scorecard 2002-2006
Development of training in Intellectual Property
Better Service for Australian Inventors
Changes to the Patent and Trade Marks Attorney Regulatory and Discipline Regimes
Review of enforcement of Plant Breeder’s Rights – Options Paper
IP Australia goes green with its Environmental Management System
Engineering your IP comes to Brisbane - 26 June
Review of Patentable Subject Matter
Changes to IP Australia's Telephone Service
Australian Selected as WIPO Director General
CSIRO’s World IP Day Video
IP Australia Congratulates the Finalists for the Next Big Thing Award
Perth hosts Engineering your IP seminar - May 28
AusPat - Australia's new patent search system
Senator Carr issues media release for World IP Day
Launch of new IP Australia publication 'IP INSIGHT'
IP Australia's Reconciliation Action Plan
Statement regarding ‘realestate.com.au’
Engineering your IP seminar comes to Sydney
IP Australia to support ACIPA event
Patent Prosecution Highway Pilot Program between IP Australia and the United States Patent and Trademark Office
World IP Day Celebrations across Australia
IP Australia signs up for Earth Hour in efforts to make a difference to climate change
Australia helping to strengthen IP in Vietnam
Australia Hosts International Trade Mark Talks
Canberra office will be closed next Monday - 10 March
Review of National Innovation System
IP Australia to Support the IP Management in Practice Conference.
Minister issues media release launching IP Passport seminars.
Reminder: change of renewal period for trade marks
Engineering your IP - March 18 2008
Greetings from the new Director General of IP Australia
IP Australia to Support IP Strategy Forum 2.0
Incorporation of Patent and Trade Marks Attorneys
IP Related Scholarship Available
IP Australia supports innovation in Australia through sponsorship of the Next Big Thing Award
23 December 2008
IP Australia's Christmas shutdown
IP Australia's offices will be closed from Thursday 25 December 2008 and will reopen on Friday 2 January 2009. This includes the national office in Canberra and the state offices in each state capital.
For further information see the Official Notice
22 December 2008
Intellectual Property Council Members Appointed
Senator Kim Carr, Minister for Innovation, Industry, Science and Research, today announced a new Chair and four new appointments to the Advisory Council on Intellectual Property (ACIP). "Innovation and intellectual property play a vital role in growing Australia’s economy." Senator Carr said.
View the full media release  PDF  Word
22 December 2008
Australia joins IP treaties and signs new Agreement with WIPO
 Australia has joined the Singapore Treaty on the Law of Trademarks and the Patent Law Treaty and has signed a new Agreement to continue its role as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) until 2017.
On 16 December 2008, Australia’s Ambassador and Permanent Representative to the WTO, Mr Bruce Gosper, deposited Australia’s Instruments of Ratification of the Singapore Treaty on the Law of Trademarks (Singapore Treaty) and Accession to the Patent Law Treaty (PLT) with Dr Francis Gurry, Director General of WIPO. Both these treaties simplify and streamline the filing and maintenance procedures for trade mark and patent applicants in Member States.
Australia was the tenth State to ratify the Singapore Treaty, which allows the treaty to come into force on 16 March 2009.
The Ambassador also signed the new International Searching Authority and International Preliminary Examining Authority Agreement which enables IP Australia to continue the role it has had since 1980. The Agreement ensures that this role will continue until 31 December 2017.
View the Minister’s press release
WIPO’s press release
Summary of the Singapore Treaty
Summary of the Patent Law Treaty
15 December 2008
Intellectual Property Amendment Regulations
The Intellectual Property Amendment Regulations 2008 (No. 1) were signed by the Governor-General on Friday 12 December 2008. The Amendment Regulations will appear on the ComLaw website in the near future and will commence on 1 January 2009.
The main purpose of the Amendment Regulations is to amend the Patents Regulations 1991 (Patents Regulations) to:
- update the English text of the Regulations under the Patent Cooperation Treaty (PCT Rules) set out in Schedule 2A to the Patents Regulations to reflect changes agreed to by the International Patent Cooperation Union at meetings held in October 2007 and September 2008;
- reduce the circumstances where applicants have to routinely file copies of documents with IP Australia that might not be required in the patent examination process;
- standardise the various prescribed time periods that apply following the Commissioner issuing a request to the applicant to file copies of various patent documents—the time period is now three months from the date of the request;
- enable the exchange of patent documents with foreign patent offices irrespective of the document's publication status, but this exchange will occur only at the request of the applicant or otherwise with the consent of the applicant; and
- make minor corrections following the introduction of the new patent attorney discipline regime in July 2008.
The Amendment Regulations also update the respective Schedules to the Patents Regulations, the Trade Marks Regulations 1995 and the Designs Regulations 2004 to include Cape Verde as a Convention country and to correct the spelling of ‘Bosnia and Herzegovina’.
Official Notices outlining the respective changes will appear on the IP Australia website on 16 December 2008. Notices will also appear in the Australian Official Journals of Patents and Trade Marks on 18 December 2008. A Notice will also appear in the Australian Official Journal of Designs on 8 January 2009.
3 December 2008
Enhancements to ATMOSS
On 6 December 2008, some changes will be made to ATMOSS as part of a scheduled maintenance release. A summary of these changes are provided here.
3 December 2008
Trade Mark Counterfeit - Review of penalties and additional damages
Trade mark counterfeiting is an acknowledged problem globally. Concerns relate to the adverse economic impact on Australian businesses, issues of public health and safety, and the potential involvement of organised crime.
IP Australia has recently completed a review of the penalty provisions in the Trade Marks Act 1995. This review was in response to a recommendation by the Advisory Council on Intellectual Property in the Review of Trade Mark Enforcement (2004) and to the changes made in 2007 to the penalties in the Copyright Act 1968. The review also considered additional damages in civil actions for trade marks.
IP Australia has developed an options paper and is seeking comments from interested parties on the options. Written comments are sought by 27 February 2009.
Review of penalties and additional damages Word PDF.
18 November 2008
Review of State based lodgement services
The IP Australia State Office Network currently provides a state-based point of contact in each capital city to provide our customers with access to search material, document lodgement and fee receipting services regarding their IP rights.
IP Australia has undertaken a comprehensive review of our State Offices and the administrative services they deliver. This review was focussed on identifying an appropriate and sustainable service delivery model from a business and customer perspective.
As a result of the review IP Australia has decided to explore the option of these services being delivered by a third party service provider. IP Australia intends to approach the market to seek interest from providers capable of delivering these administrative services. It is anticipated that a suitable service provider arrangement will deliver operational efficiencies, provide assurance of critical filing dates and service continuity for customers and provide an opportunity for IP Australia to better position service points including providing a greater regional focus.
It is anticipated that any new arrangements would be implemented sometime in the third quarter of the 2009 calendar year. IP Australia will provide customers with further information on progress as it becomes available.
If you require further information or have any comments regarding this initiative please email servicetransition@ipaustralia.gov.au.
18 November 2008
Western Australia State Office Relocation
We are pleased to announce that the Western Australian State Office of IP Australia will be co-locating with AusIndustry and moving to new premises effective from Monday 24 November 2008.
The new address will be:
St Martins Tower
Level 25
44 St Georges Terrace
Perth WA.
The last day of business at Level 2, East point Plaza, 233 Adelaide Terrace Perth WA will be on Friday 21 November 2008. Business operations will resume on Monday 24 November 2008 at St Martins Tower level 25, 44 St Georges Terrace Perth WA.
Normal office hours will not be affected and all contact telephone and fax numbers will remain the same.
11 November 2008
Changes to the Trade Mark and Design Certificates.
As of early November 2008 IP Australia will be changing the format of the Trade Marks certificates with the Designs certificate format changing in early 2009. The changes are being undertaken to improve the quality in this product.
The new format will allow IP Australia to provide a certificate that contains a coloured representation of the mark. Endorsements will be provided as required.
Certificates will contain all information in a printed format.
For further information please contact IP Australia.
6 November 2008
Copycat in Design – Public Enemy No 1
IP Australia in collaboration with Design Victoria have produced two ‘How to Kits’ on intellectual property targeting the Australian Graphic Design and Industrial Design industries – ‘Protect your Creative’ and ‘Make your Mark’. Design Victoria is a Victorian State Government initiative and IP Australia were pleased to work in partnership to develop these two targeted publications.
These practical and relevant resources were developed through industry consultation and research and are aimed to help Australian Graphic and Industrial Designers protect their design skills and creativity.
‘Make your Mark’ is an essential guide that contains practical information and case studies to explain intellectual property protection and related issues to help Industrial Designers understand IP and use this knowledge to make informed IP business decisions.
‘Protect your Creative’ aims to equip Graphic Designers with intellectual property knowledge on how to protect and profit from their IP along with informative case studies and relevant industry tips.
The publications were officially launched last week in Melbourne by IP Australia’s Business Development and Strategy General Manager, Ian Goss with Michele Azzopardi, General Manager Design VIC officiating the proceedings. Keynote speakers including internationally renowned designers Ken Cato and Gerry Mussett, provided valuable insight on how important intellectual property protection is for the Australian Design industry.
View the joint media release by IP Australia and Design
If you would like to order a hard copy publication please send your request to marketing@ipaustralia.gov.au.
29 October 2008
Intellectual property crime and enforcement in Australia
The Australian Institute of Criminology has published a report on its research into intellectual property crime and enforcement. The report deals with the nature and extent of intellectual property crime in Australia, its organisation, social and economic impacts, and the efficacy of responses through legislation, law enforcement and criminal prosecution.
16 October 2008
Call for public submissions on possible Australian participation in a Trans-Pacific Partnership Agreement.
The Minister for Trade, Simon Crean, announced Australia will consider participating in the Trans-Pacific Partnership initiative. The current Trans-Pacific Strategic Economic Partnership Agreement between Brunei Darussalam, Chile, New Zealand and Singapore (P4) entered into force in 2006. The Government is seeking submissions from stakeholders by 30 October 2008.
More information is available at www.dfat.gov.au
9 October 2008
IP Australia and USPTO sign international patent search arrangement
 IP Australia and the United States Patent and Trademark Office (USPTO) have entered into an arrangement which will see IP Australia act as an international search and examination authority for certain international patent applications filed with the USPTO. The arrangement, which comes into effect on 1 November 2008, will allow applicants from the US to choose IP Australia to undertake the initial search and examination of their patent application under the Patent Cooperation Treaty (PCT). Applications that may not be covered under the arrangement are certain international applications relating to particular mechanical engineering or analogous fields of technology.
This is a significant development for IP Australia as it further endorses the quality and robustness of IP Australia’s examination processes. This arrangement follows the successful conclusion of a pilot program between IP Australia and the USPTO which focussed on search and examination of PCT applications. Currently, US applicants can choose between a range of international search and examination authorities around the world when submitting a PCT application.
IP Australia is already an international search and examination authority for 17 countries including New Zealand, Singapore, India and Malaysia.
For more information on the arrangement contact Gillian Jenkins - phone +61 2 6283 2252, or email gillian.jenkins@ipaustralia.gov.au.
9 October 2008
Commercialising Inventions - What’s the Story?
Intellectual Property Research Institute of Australia and the Australian Institute of Commercialisation are hosting a one-day conference in Brisbane and Melbourne in February 2009 on commercialising inventions. The conference will feature the results from several national surveys of inventors, including a survey of 4000 Australian inventors.
Download the registration form or visit www.ipria.org for more information
3 October 2008
IP Australia’s Attorney Placement Program - applications now open!
In a new initiative from IP Australia, attorney firms will have the opportunity to nominate an employee to take a ‘behind the scenes’ look at the operations of IP Australia in a two week staff exchange program.
The program provides a unique opportunity for your firm to gain a greater understanding of the process and procedures in the granting of IP rights and allows IP Australia staff to ‘take home’ a greater appreciation of the internal workings of an attorney firm.
Click here for more information.
2 October 2008
IPTA offers free consultation service to inventors
Inventors and other creators of Intellectual Property (IP) are being given access to a free service involving an initial IP consultation with a Patent or Trade Mark Attorney from the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) - the peak body for the profession in Australia.
Free Consultation Service for Aussie Inventors Word PDF.
1 October 2008
Fee Review Proposed Fees for Consultation
To ensure customers are paying a fair and reasonable amount for services provided by IP Australia (IPA), a Cost Recovery and Fee Review was initiated on 01 July 2008. The first stage of the review has now been completed and IPA would like to invite feedback on the proposed fee changes to be considered as part of the final Cost Recovery Impact Statement (CRIS) in December 2008.
The objectives of the Cost Recovery and Fee Review were to:
- Maintain the on-going viability of IPA while keeping the cost of services low;
- Streamline the fee schedule to benefit users and make processes more efficient;
- Ensure that IPA continues to provide users of the IP system, Government and the Australian community, with high quality products and services; and
- comply with the Australian Government Cost Recovery Guidelines and provide Government with a CRIS;
A Consultation Paper incorporating the proposed fee changes is attached for consideration and comment. To view the consultation paper, please click here.
Following the consultation period a summary of the feedback and any adjustments to fees will be distributed in January 2009.
Please forward all feedback to:
email: fees@ipaustralia.gov.au by cob 31st October 2008
Mail:
Fee Review
IP Australia
47 Bowes Street
Woden ACT 2606
Fax: 02 6283 2678
The point of contact for all enquiries is Maria Lindgren, telephone (02) 6283 3154 or email maria.lindgren@ipaustralia.gov.au.
22 September 2008
Australian Appointed as Director General of the World Intellectual Property Organization
The Australian Government welcomes the appointment of a distinguished Australian, Dr Francis Gurry, as Director General of the World Intellectual Property Organization (WIPO). Dr Gurry is now the most senior Australian in the United Nations system; the first Australian to head a United Nations specialised agency since 1992, and only the third Australian to do so. To read the full WIPO media release and acceptance speech by Dr Gurry, click here.
Media release issued by Minister Crean and Senator Carr, click here.
9 September 2008
PCT Rule and Fee changes
On 29 August 2008, amendments to the Patents Regulations 1991 to reflect recent changes to the Regulations under the Patent Cooperation Treaty were approved by the Executive Council. The amendments will apply retrospectively from 1 July 2008.
The amendments will
- allow the International Searching Authority to take into account the results of an earlier search carried out by another International Searching Authority or any national office;
- give receiving offices the authority to extend the time period for the applicant to pay the fee for requesting restoration of the right of priority;
- clarify that international publication can only be reliably prevented by way of an express withdrawal prior to completion of technical preparations for international publication; and
- reduce the quantum of the filing fee and allow for a fee reduction for applicants from certain specified developing countries.
The amendment regulations have been registered in the Federal Register of Legislative Instruments and can be found on the ComLaw website.
An Official Notice outlining the changes will appear in the Australian Official Journal of Patents on 11 September 2008.
1 September 2008
Australia and Korea Reach Historic Agreement
IP Australia and the Korean Intellectual Property Office (KIPO) have reached an agreement relating to mutual PCT International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) designation.
This historic agreement was reached during the 9th Heads of Meeting between KIPO and IP Australia held recently in Canberra.
“The agreement means that for the first time, Australian applicants will be able to choose which office (either IP Australia or KIPO) will perform their international search and examination” commented Mr Philip Noonan, Director General of IP Australia.
“The decision to designate KIPO as an ISA/IPEA demonstrates IP Australia’s commitment to work collaboratively with other countries to streamline the IP system for the benefit of applicants.”
IP Australia has been an ISA/IPEA since 1978 and is currently the only ISA Australian applicants can use for international search and examination of their Patent Cooperation Treaty (PCT) patent applications.
Australia has been designated as an ISA by Korea for many years, whilst Korea has been keen to achieve reciprocal delegation.
It is anticipated that the arrangement with KIPO will come into effect early in 2009 and will be reviewed two years after coming into effect to ensure it is working effectively for both parties.
This agreement with KIPO follows the successful completion of a Joint Prior Art Search Program between IP Australia and KIPO. Completed in November 2007, the aim of the program was to exchange and compare the searching methods and tools used by each office, and included an examiner exchange.
The outcome of this program demonstrated that there were similar standards of search and examination quality, and substantial overlap of prior art documents identified by both offices.
IP Australia is already an international search and examination authority for 17 countries including the USA, New Zealand, Singapore, India and Malaysia.
KIPO is already designated as a competent searching authority by a number of countries such as the USA, India, Singapore and New Zealand.
Click here for the KIPO Announcement.
Enquiries relating to this agreement should be sent to karen.tan@ipaustralia.gov.au.
29 August 2008
The Australian Intellectual Property System - Seminar in Beijing 29 October 2008
Hear about protecting your patents and trademarks in Australia and the importance intellectual property as part of your international business strategy. See a demonstration of IP Australia’s extensive on-line services where you can easily search data bases, lodge applications, and access useful information about the Australian IP system.
Listen to high profile experts on the Chinese and Australian IP systems from Beijing, Shanghai, Hong Kong and Australia. There will also be a chance to ask questions and discuss issues with a panel of international IP experts.
The seminar will be presented in Mandarin. Lunch and refreshments provided
15 August 2008
Protect Your Design Genius - Tired of other people knocking you off and want to know what to do about it?
IP Australia will be presenting on the importance of Trade Marks and Designs at the Fashion Group International Seminar in Sydney on the 4th of September.
Find out more
5 August 2008
Fashion and Intellectual Property
IP Australia along with The Australian Fashion Council and The Fashion Group International recently conducted a short survey of the Australian Fashion Industry to gauge the level of intellectual property awareness. Find out more.
4 August 2008
Assessment Framework for PBR extension approved by Minister
On 24 July 2008, Minister Carr approved an Assessment Framework for assessing requests to extend duration of PBR protection beyond the current maximum of 25 years (for trees and vines) or 20 years (for all other varieties) prescribed in the Plant Breeder's Rights Act 1994. The Plant Breeder's Rights Advisory Committee (PBRAC) developed the framework in consultation with interest groups. The framework will assist in determining whether regulations should be made to extend the PBR grant period over a particular taxon.
Assessment framework for requests to extend the duration of PBR protection
21 July 2008
IP Australia Recognised as an International Search Authority by the USPTO
IP Australia and the United States’ Patent and Trademark Office (USPTO) have announced an agreement which will see IP Australia act as an international search and examination authority for international applications filed with the USPTO under the Patent Cooperation Treaty (PCT).
For more details see the media release
21 July 2008
Review of Patentable Subject Matter - Issues Paper
As we have previously advised, the Advisory Council on Intellectual Property (ACIP) is conducting a review of patentable subject matter. The review includes the appropriateness and adequacy of the manner of manufacture test as the threshold requirement for patentable subject matter under Australian law, and the historical requirement that an invention must not be generally inconvenient.
ACIP has now published an Issues Paper with a request for written submissions by 19 September 2008. Further information about the review and a downloadable copy of the issues paper is available from the ACIP website.
16 July 2008
Trial Customer Appointment System in selected State Offices
An appointment system for customers will be trialled in Melbourne, Sydney and Adelaide offices for three months from 1st August 2008 to 31st October 2008. During the trial period, customers wishing to attend any one of the selected state offices are encouraged to ring the general enquiry number 1300 651010 to make an appointment.
It is considered an appointment system will ensure a more effective use of resources, while giving customers more personalised attention with less waiting time at the counter.
The trial appointment system is designed to benefit those customers whose enquiries are likely to require an extended interview such as people seeking in-depth information about intellectual property or who are seeking help with an application. Couriers from attorney firms or members of the public who wish to lodge documents can continue to follow current practice of lodging anytime during the hours of 9am to 5pm Monday to Friday.
Following the three month trail period, the appointment system will be evaluated to determine future arrangements.
9 July 2008
Intellectual Property Scorecard 2002-2006
Intellectual Property (IP) protection is a legal framework to enable individuals or organisations to protect these new ideas by providing enforceable, exclusive rights to the IP. IP-based indicators are used to measure innovative activities, because they reflect inventive performance, and can contribute to our understanding of innovation and economic growth. However, international comparisons are difficult due to differences in industry classifications, methods of counting, and reporting methods, used by different jurisdictions.
The IP Scorecard uses data obtained from IP Australia, the US Patent and Trademark Office, and the European Patent Office, and reconciled to allow international comparisons to be made.
Download the Intellectual Property Scorecard 2002-2006
7 July 2008
Development of training in Intellectual Property
Invitation to be involved in consultation
You are invited to contribute to a national project to incorporate Intellectual Property (IP) into training and qualifications in the national Vocational Education and Training (VET) sector.
IP Australia recognises the importance of education in IP so that businesses can adequately protect their proprietary knowledge, a key component of success in today’s competitive global market. A research report, commissioned in 2007, recommended that IP should be included in national vocational education and training.
Precision Consultancy (www.precisionconsultancy.com.au) has been contracted to develop units of competency in relation to IP, to be incorporated into national Business Services qualifications. These units will also be able to be included in qualifications by other industry groups.
We would like to consult widely about business and training needs in relation to IP. If you are interested in being involved in this exciting project, either by providing your expertise in relation to IP, or discussing your industry needs around IP, please contact Chris Harrigan, Research Consultant, Precision Consultancy on 03 96060118 or christopher@precisioconsultancy.com.au, who can schedule a face to face or telephone meeting with you.
2 July 2008
Better Service for Australian Inventors
Senator Kim Carr, Minister for Innovation, Industry, Science and Research, today announced significant changes to the way patent and trade mark attorneys operate when advising Australian innovators.
Click here to view the media release.
20 June 2008
Changes to the Patent and Trade Marks Attorney Regulatory and Discipline Regimes
On 19 June 2008, amendments were made to the patent and trade marks attorney regulatory and discipline regimes set out in Chapter 20 of the Patents Regulations 1991 and Part 20 of the Trade Marks Regulations 1995. The amendments will come into effect on 1 July 2008.
The new regulations change the employment and skills requirements for registration as a patent attorney. There is also a new requirement for registered patent and trade marks attorneys to undertake compulsory continuing professional development activities each year. Additionally, the discipline regime is simplified in that the Professional Standards Board for Patent and Trade Marks Attorneys (PSB) has sole responsibility for investigating and taking matters to the existing Patent and Trade Marks Attorneys Disciplinary Tribunal.
An Official Notice outlining the changes will appear in the Official Journals of Patents, Trade Marks and Designs on 26 June 2008.
Additional information and a pamphlet describing the amendments in more detail can be found on the PSB website.
13 June 2008
Review of enforcement of Plant Breeder’s Rights – Options Paper
The Advisory Council on Intellectual Property (ACIP) is currently conducting a review of the enforcement of Plant Breeder’s Rights. In response to concerns about PBR being difficult to enforce, in March 2007 ACIP released an Issues Paper seeking public comments. The paper generated a significant amount of interest and a wide range of submissions was received. ACIP conducted further consultations in mid-2007.
Due to the large number and complexity of the issues, ACIP has identified those alternatives with the most potential to improve the system and released an Options Paper. ACIP welcomes comments on the options canvassed and questions posed in this paper.
Please click here for further information on how to provide comments on the Options Paper.
6 June 2008
IP Australia goes green with its Environmental Management System
 Environmental sustainability is one of the biggest challenges we face in our global community. IP Australia is committed to minimising its greenhouse gases impact. It is focussed on conducting its operations in an environmentally responsible manner, clearly reflecting a responsibility to fostering the sustainable use of resources.
IP Australia is pleased to announce that it has reinforced its support for improving organisational environmental practices by successfully gaining ISO 14001 certification for its Environmental Management System (EMS).
ISO 14001 is an international best practice standard for managing an organisation's impact on the environment. It provides a structured approach to planning and implementing environmental protection measures and supporting improved environmental outcomes. In order to gain certification, IP Australia is assessed by an independent auditor as meeting all of the requirements set out under the Standard and is reviewed on an ongoing basis.
IP Australia has worked hard to implement the new framework. It is currently developing a range of environmental strategies in conjunction with staff and customers to reduce it’s carbon footprint and is committed to continuous improvement.
IP Australia has become one of the first Intellectual Property (IP) Offices globally to attain this environmental certification.
3 June 2008
Engineering your IP comes to Brisbane - 26 June
Following on from the very successful Melbourne, Sydney and Perth seminars earlier in the year, IP Australia and Engineers Australia are pleased to present Engineering your IP in Brisbane on 26 June 2008.
The seminar is designed to help engineers better understand vital issues related to the protection of intellectual property.
| Where: | Engineers Australia
Queensland Division Auditorium
477 Upper Edward St
Brisbane QLD |
| When: | 10am – 4pm
Thursday 26 June
|
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
Review of Patentable Subject Matter
The Advisory Council on Intellectual Property (ACIP) is conducting a review of patentable subject matter. The review will include the appropriateness and adequacy of the manner of manufacture test as the threshold requirement for patentable subject matter under Australian law, and the historical requirement that an invention must not be generally inconvenient. ACIP expects to circulate an Issues paper in July with a request for written submissions by September.
Please click here for further details on how to register your interest in the review.
22 May 2008
Changes to IP Australia's Telephone Service
IP Australia continues to improve their services to customers with the introduction of an improved telephone service from Friday 6 June. The service will incorporate the recording of enquiries and will ensure the quality already established in answering customer enquiries continues. Customers will be advised when they call that it may be monitored for quality and training purposes and may opt to have the call not recorded.
Another benefit to customers will be the introduction of a single tier menu for specific and general enquiries ensuring customers will have their call answered promptly by a telephone operator who is experienced in their selected area of enquiry.
The hours of operation for customer enquiries remains unchanged, with operators available to assist customers between the hours of 9am and 5pm, Monday to Friday, Australia wide.
15 May 2008
Australian Selected as WIPO Director General
After careful deliberation, the Coordination Committee of the World Intellectual Property Organization (WIPO) has selected an Australian, Dr Francis Gurry, as the nominee for the position of Director General of WIPO. Dr Gurry’s nomination will be submitted to the General Assemblies of WIPO for final confirmation in September/October this year.
Click here to view the media release
14 May 2008
CSIRO’s World IP Day Video
As part of World IP Day (26 April) CSIRO media prepared a short video about the contributions of IP to Australia and Australians. The video presents a range of innovations based on IP developed at CSIRO with collaborators, including birth control for foxes, new ways to fight bushfires and plastic money to foil counterfeiters.
The view CSIRO’s video click here
5 May 2008
IP Australia Congratulates the Finalists for the Next Big Thing Award
The finalists have been chosen and will shortly be exhibited at the Melbourne Museum (14 May - 22 June) 10am to 5pm adjacent to the Discovery Centre on the lower level. Entry to the exhibition is free.
The next big thing award website, www.nextbigthingaward.com has full details of the 21 finalists as well as voting for the People's Choice Award. The innovator winner of the People's Choice Award will win $2,500 cash, so make sure that you vote for your favourite.
IP Australia is proud to support innovation in Australia through sponsorship of the Next Big Thing Award.
1 May 2008
Perth hosts Engineering your IP seminar - May 28
Following on from the very successful Melbourne and Sydney seminars in March and April, IP Australia and Engineers Australia are pleased to present Engineering your IP in Perth on May 28 2008.
The seminar is designed to help engineers better understand vital issues related to the protection of intellectual property.
| 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.
28 April 2008
AusPat - Australia's new patent search system
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.
17 April 2008
Senator Carr issues media release for World IP Day
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
14 April 2008
Launch of new IP Australia publication 'IP INSIGHT'
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
11 April 2008
IP Australia's Reconciliation Action Plan
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 further development of Australian Government policy positions on IP issues as they relate to the needs and interests of Indigenous Australians;
- increased Indigenous employment opportunities within IP Australia; and
- engagement and consultation with the Indigenous community on IP issues.
The plan can be viewed here.
Contact: Leo O’Keeffe, Director Domestic Policy
Ph: 02 6283 7929
Email: Leo.OKeeffe@IPAustralia.gov.au
9 April 2008
Statement regarding ‘realestate.com.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.
Background
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
8 April 2008
Engineering your IP seminar comes to Sydney
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
7 April 2008
IP Australia to support ACIPA event
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
31 March 2008
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.
27 March 2008
World IP Day Celebrations across Australia
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.
17 March 2008
IP Australia signs up for Earth Hour in efforts to make a difference to climate change
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.
13 March 2008
Australia helping to strengthen IP in Vietnam
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.
12 March 2008
Australia Hosts International Trade Mark Talks
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.
4 March 2008
Canberra office will be closed Monday 10 March 2008
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.
27 February 2008
Review of National Innovation System
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.
27 February 2008
IP Australia to Support the IP Management in Practice Conference
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.
13 February 2008
Minister issues media release launching IP Passport seminars.
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.
6 February 2008
Reminder: change of renewal period for trade marks
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.
1 February 2008
Engineering your IP - Melbourne - 18 March 2008
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.
31 January 2008
Greetings from the new Director General of IP Australia
 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
16 January 2008
IP Australia to Support IP Strategy Forum 2.0
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.
16 January 2008
Incorporation of Patent and Trade Marks Attorneys
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
11 January 2008
IP Related Scholarship Available
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.
9 January 2008
IP Australia supports innovation in Australia through sponsorship of the Next Big Thing Award
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.
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