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| International Filing Fee | $1475 |
| If the application contains 30 pages or less including the Request form | |
| PCT-EASY component of PCT-SAFE reduction | $111 |
| Electronic filings filed in PDF format | $222 |
| Electronic filings filed in XML format | $333 |
| PLUS | |
| Charge for each page in the application in excess of 30 Sheets | $17 |
Please refer to the Official Notice in the Journal of 12 November 2009 for further details of PCT fees.
IP Australia would like to congratulate the 2009 Grand Final winner of the ABC TV series The New Inventors, Colin Chamberlain the inventor of the Safety Propeller.
The Safety Propeller is a new propeller that will not cut, injure or kill people or marine life. It allows a person to stick their limbs directly into the propeller's way without any harm.
Director General, IP Australia, Mr Philip Noonan said, "The New Inventors program provides a strong platform for Australian inventors to showcase their products to the nation and potential markets. We are very proud to support the program and the winner's prize".
The series final featured a competitive field of finalists:
Matthew Walker, PassWindow
Dr Paul Brockwell & Robert Holland, Intelligent plastic
Micah Atkin, Mycrolab
David Thiel & Madhusudan Rao Neeli, Circuits in Plastic
Visit The New Inventors website.
The Intellectual Property Law Amendment Regulations 2009 (No. 2) were signed by the Governor-General on 25 November 2009. The Amendment Regulations will appear on the ComLaw website in the near future and will commence on 12 December 2009.
The main purpose of the Amendment Regulations is to amend the Patents Regulations 1991 (the Patents Regulations) to enable the Commissioner of Patents to fully participate in electronic document transfer arrangements. They will also make some minor amendments to the Patents Regulations to clarify formality requirements for applications and requests, and to allow for the publication of search results.
Lastly, the Amendment Regulations amend the Patents Regulations, the Trade Marks Regulations 1995 and the Designs Regulations 2004 to repeal specific provisions relating to electronic communications that are generally provided for under the Electronic Transactions Act 1999.
More information can be viewed in the Official Notices.
Customs and Border Protection officers in Fremantle have stopped more than 10,000 counterfeit Tiffany & Co. items from reaching the local market and being sold to unsuspecting consumers.
Minister for Home Affairs, Mr Brendan O'Connor, praised the work of Customs and Border Protection officers in preventing intellectual property crimes.
Investigations identified the supplier of the goods and a website used by the importers to sell the counterfeit goods on a commercial basis.
In total 10,778 counterfeit items (jewellery and packaging) were seized, including 476 necklaces, 597 bracelets and 177 rings.
Customs and Border Protection works with trade mark and copyright owners to protect intellectual property. Rights owners can choose to protect their intellectual property by lodging documents requesting that Customs and Border Protection seize infringing goods at the border.
IP Australia is proud to support the KCA Annual Conference, to be held at the Hilton on the Park, Melbourne from 23 - 25 November.
Philip Noonan, IP Australia's Director General, will be participating in two sessions at the conference.
The theme for the conference is one of continual improvement under the banner of "Excellence in Knowledge Transfer. The conference will continue KCA's international focus as speakers focus on what is best practice across the globe, how well is Australia doing and the issues that exist in the knowledge transfer industry.
Following the conference, there is also the opportunity to attend a two-day course on technology transfer. This course will provide an overview of the legal issues around IP rights, negotiating and licensing, evaluating opportunities, marketing and managing relationships.
Register here to reserve a place at the conference, or here to attend the technology transfer course.
IP Lodgement Point, IP Australia's new state based lodgement services, commences in Melbourne on Monday 16 November 2009.
Customers in Melbourne wishing to lodge in person can do so at the CBD based Australia Post GPO located at 250 Elizabeth Street. The new service is available to IP Australia customers from 9am to 5pm weekdays where customers can make lodgements and payments relating to registered IP rights and new applications for Trade Marks, Designs or Patents.
Information sessions were held in Melbourne Wednesday 4 November to outline the new arrangements for customers. Before lodging customers should visit the State office Transition page on the website for details on what they need to do before proceeding to the IP Lodgement Point. Or contact our Customer Service Centre on 1300 65 10 10 for more information.
IP Lodgement Point, IP Australia's new state based lodgement services, commences in Darwin on Friday 6 November 2009. From this date, customers in Darwin wishing to lodge in person can do so at the CBD based Australia Post Retail Outlet located at 48 Cavenagh Street, Darwin.
The new service arrangements offer customers a secure way to lodge their IP (Patents Trade Marks and Designs) documents and make payments through the selected Australia Post outlet in Darwin all while securing their filing date.
The new service is available to IP Australia customers from 9am to 5pm weekdays where customers can make lodgements and payments relating to Trade Marks, Designs or Patents and secure a filing date for lodgements made. Lodgements will be transported through Australia Post's secure overnight courier service, securing documents and fees at the lodgement point and right through to delivery at IP Australia's head office in Canberra.
See the State Office Transition page for instructions on using the IP Lodgement Point or contact our Customer Service Centre on 1300 65 10 10 for more information.
UWA vs Gray: What Does it Mean for Universities?
In September, the Full Court of the Federal Court of Australia unanimously upheld the first instance decision in University of Western Australia v Gray. (Leave to appeal to the High Court is already being sought.) The Court's decision meant that UWA did not automatically own the inventions developed by its academic staff in the course of their employment. This seminar will consider the implications of this decision from both the legal and university perspectives.
Speakers:
Professor Ann Monotti, Professor and Associate Dean (Postgraduate Studies), Monash University Law School
Michael Finney, Vice Chair, Knowledge Commercialisation Australia (KCA) and Chief Executive Officer, qutbluebox Pty Ltd
When: Friday
20 November 2009
Time: 1pm – 2pm
(Refreshments from 12:30pm)
Where: Minter
Ellison Lawyers (Perth), Level 49 Central Park, 152-158 St Georges Terrace, PERTH
Cost: FREE
Continuing Professional Development - Professional Standards Board
The Professional Standards Board for Patent and Trade Marks Attorneys has advised that attendance at this seminar will enable Patent and Trade Marks Attorneys to claim 1 CPE point.
Customers are reminded that IP Australia's head office in Canberra and its sub-office in Melbourne will not be open for business Tuesday 3 November. This will mean that the Customer Service Centre (1300 651010) will not be available to customers. Sub offices in other States will be open as usual. For more information see the Official notice of 5 January 2009 "Declaration of the 2009/10 Public Holidays"
IP Lodgement Point, IP Australia's new state based lodgement services, commences in Sydney on Monday 2 November 2009. From this date, customers in Sydney wishing to lodge in person can do so at the CBD based Australia Post Retail Outlet located at 44 Market Street Sydney.
The new service arrangements offer customers a secure way to lodge their IP (Patents Trade Marks and Designs) documents and make payments through the selected Australia Post outlet in Sydney all while securing their filing date.
The new service is available to IP Australia customers from 9am to 5pm weekdays where customers can make lodgements and payments relating to Trade Marks, Designs or Patents and secure a filing date for lodgements made. Lodgements will be transported through Australia Post's secure overnight courier service, securing documents and fees at the lodgement point and right through to delivery at IP Australia's head office in Canberra.
See the State Office Transition page for instructions on using the IP Lodgement Point or contact our Customer Service Centre on 1300 65 10 10 for more information.
This forum will feature three expert speakers providing their perspectives on the topic above.
Guest speakers include
Peter Switzer is one of Australia's leading small business experts and commentators. In his usual entertaining and insightful way Peter will present on business needs in relation to IP awareness.
Stuart Smith, IPTA's Public Relations Committee Convenor, will give the profession's perspective on the role they can play in raising business awareness of IP.
Peter Willimott, Director of Marketing and Customer Engagement, IP Australia will speak on current and future initiatives in the public education and awareness field.
This free forum includes lunch and the opportunity for you to network with attorneys, lawyers, industry representatives, local business and members of IP Australia's Executive.
When: 11.00am - 2.00pm, Tuesday 10 November 2009
Where: Sheraton Four Points, 161 Sussex St, Sydney NSW 2000
Cost: The event is free to attend but registration is essential as places are limited.
How to register
RSVP by 30 October 2009
Email customer.engagement@ipaustralia.gov.au
The Intellectual Property Research Institute of Australia (IPRIA) & the Institute of Patent & Trade Mark Attorneys of Australia (IPTA) present a seminar offering two complementary perspectives on the value-added of patents and the related significance of intangible asset valuation to the modern enterprise.
DATE: Friday 6 November 2009
Time: 1:00pm - 2:00pm (registration from 12:30pm)
Venue: Davies Collison Cave, Level 15, 1 Nicholson Street, MELBOURNE
COST: FREE
Presenters
Dr Jongsay Yong, Senior Research Fellow, Melbourne Institute of Applied Economic and Social Research and Research Associate, IPRIA
Dr Robert B Sanders, Managing Partner, Global IP Services LLP, Singapore
Dr Jongsay Yong will discuss the findings from a recent survey of almost 1,500 Australian inventions. Conducted by the Melbourne Institute in 2007, the survey collects information regarding the commercialisation process of Australian inventions, including the monetary value generated.
Dr Robert B Sanders will offer a practitioner's perspective by outlining how such intangible asset contributions to enterprise value can be understood in the context of an improving, international, approach to intangible asset valuation itself. Illustrating his practical and 'commercial ready' valuation approach with relevant case studies, Dr Sanders will also draw on the existing, and developing, accounting, and legal, rules and standards that support an expanded and useful recognition of enterprise intangible asset value.
Course and Registration Details
Further information about the course and registration details is available here.
Continuing Professional Development
Professional Standards Board
The Professional Standards Board for Patent and Trade Marks Attorneys has advised that attendance at this course will enable Patent and Trade Marks Attorneys to claim 1 CPE point.
IP Australia's new state based lodgement services (IP Lodgement Point) commences in Adelaide Monday 12 October 2009. From this date, customers in Adelaide wishing to lodge in person can do so at the CBD based Australia Post GPO which is located at 141 King William Street Adelaide.
The new service arrangements offer customers a secure way to lodge their IP documents through an Australia Post outlet in Adelaide.The new process remains substantially unchanged and information sessions were held on Wednesday 30 September 2009 in Adelaide to outline the new arrangements and walk our South Australian customers through the new process and its benefits.
The new service arrangements have already commenced in Hobart and Perth, with customers utilising the service successfully. Further information sessions will be held in each state prior to the transition with the next sessions occurring in Sydney on 20 October 2009 prior to its transition on 2 November 2009.
Click here for information on how to lodge at an IP Lodgement Point or contact our Customer Service Centre on 1300 65 10 10 for more information.
A new round of IP Australia's Attorney Placement Program has opened.
As part of the program, participating firms ‘host' an experienced IP Australia staff member in their firm for two weeks. Partnering firms can also choose to send a team member to IP Australia.
The program has received excellent feedback from both the attorney profession and IP Australia staff. Here are some views partnering firms have shared of their involvement.
"The experience of hosting an IP Australia employee was invaluable. The placement program enabled our firm to gain an insight into the workings of IP Australia and develop new strategies," said a senior attorney at McCullough Roberston, a commercial law firm.
A trainee attorney from Griffith Hack participating in a recent placement program said, “I've been able to bring back some of the insights from when I was at IP Australia, in terms of responding to examination reports and other matters that we deal with on a daily basis. This will help to streamline our processes and minimise additional costs to our clients”.
For further information please contact Kylie Argirov at IP Australia on (02) 6222 3636 or kylie.argirov@ipaustralia.gov.au, or register for the program.
IP Australia is currently transitioning to its new state based lodgement services, IP Lodgement Point. IP Lodgement Point offers customers a secure way to lodge their IP documents through a selected Australia Post outlet in the capital city of each state and territory.
To support customers through the transition to the new IP Lodgement Point and provide assistance to all customers in states where different time zones apply, IP Australia is extending the hours of operation for its customer service call centre.
The new hours of operation for the call centre will be 9am to 8pm Australia Eastern Daylight Time (AEDT). This will be effective as of the commencement of daylight savings on Monday 5 October 2009 until Monday 5 April 2010. During this period customers will be able to receive information and assistance from IP Australia during the core business hours of 9am to 5pm in their given state or territory.
For further information on the transition click here or for assistance contact the call centre on 1300 651 010.
IP Australia's new state based lodgement services, IP Lodgement Point, offers customers a secure way to lodge their intellectual property (IP) documents through a selected Australia Post outlet in the capital city of each state and territory.
The IP Lodgement Point located in Hobart commenced operation on 7 September 2009 and IP Australia's customers based in Tasmania have already used the new service successfully. The IP Lodgement Point in Perth will commence on Monday 28 September. From this date customers wishing to lodge in person can do so at the IP Lodgment Point located at Australia Post GPO, Shops 3 & 4 3-7 Forrest Place Perth.
The service is available to IP Australia customers from 9am to 5pm weekdays, where lodgements and payments relating to Trade Marks, Designs or Patents will be accepted on behalf of IP Australia. The new service allows customers to securely lodge their IP documents and make payments through the IP Lodgement Point and secure a filing date for lodgements made. Lodgements will be transported through Australia Post's secure overnight courier service. This means that documents and fees are secure when lodged at the lodgement point, right through to delivery at IP Australia's head office in Canberra.
Before lodging customers should visit the IP Australia website for details on what they need to do before proceeding to the IP Lodgement Point. Click here for instructions on using the IP Lodgement Point or contact our Customer Service Centre on 1300 65 10 10 for more information.
This free public seminar is jointly presented by IPRIA and CMCL
Date: Thursday 8th October 2009
Time: 6pm - 7:30pm (registration from 5:30pm)
Venue: Melbourne Law School, The University of Melbourne, 185 Pelham Street, CARLTON
In July this year, JD Salinger, author of the classic The Catcher in the Rye, sued Frederik Colting who writes as John David California and his publisher for their unauthorised sequel Coming Through the Rye. Colting is now appealing from the preliminary injunction awarded in the US District Court. On appeal Calabresi J commented that Coming Through the Rye was a ‘rather dismal piece of work if I may say so', but there is a chance that the injunction will be overturned. In the meantime, the book is widely available through bookshops in the UK, Australia and elsewhere as well as (of course) on the internet. Taking Salinger v Colting as the starting point, this seminar will consider both legal and literary aspects of unauthorised sequels.
For more information about the seminar, please visit www.ipria.org or view the flyer here.
Continuing Professional Development
Professional Standards Board
The Professional Standards Board for Patent and Trade Marks Attorneys has advised that attendance at this seminar will enable Patent and Trade Marks Attorneys to claim 1.5 CPE points.
The Advisory Council on Intellectual Property (ACIP) is conducting a review of Patentable Subject Matter.
ACIP has now published an Options Paper with a request for written submissions by 13 November 2009. Further information about the review and a downloadable copy of the options paper is available from the ACIP website.
‘IP IN THE REAL WORLD'
Sidamo and Blackberry IP Management Case Studies
IPRIA Workshop
Friday 25 September 2009
Davies Collison Cave - Sydney
The Intellectual Property Research Institute of Australia is running a half-day course on Friday 25 September from 1.00pm - 5.00pm.
The course on ‘IP in the Real World' considers two IP management case studies of real events to provide participants with a practical introduction to the patent and trade marks systems. Both case studies feature well-known, international companies and offer valuable lessons on how best to manage intellectual property in difficult business environments.
The BlackBerry case concerns a dispute between a US inventor and a Canadian technology company over patent infringement.
The Sidamo case concerns a challenge by Starbucks to the Ethiopian Government's application for a US trade mark in relation to coffee.
Presenters
Dr Kwanghui Lim, Senior Lecturer, Melbourne Business School and Associate Director, IPRIA
Jason Bosland, Lecturer, Faculty of Law, The University of New South Wales
Course and Registration Details
Further information about the course and registration details is available here.
Continuing Professional Development
Professional Standards Board
The Professional Standards Board for Patent and Trade Marks Attorneys has advised that attendance at this course will enable Patent and Trade Marks Attorneys to claim one CPE Point for each hour of attendance.
The Law Society of New South Wales
If these educational activities are relevant to your immediate or long term needs in relation to your professional development and practice of the law, then you should claim one unit for each hour of attendance, refreshment breaks not included.
IP Australia is helping green innovators find a fast track to the marketplace by offering priority to environmentally friendly technologies in the patent application system.
For more information on expedited examination, click here.
In 2007, IP Australia launched Fashion Rules — a website and hard copy publication. Since then IP Australia has been actively promoting this resource through a number of activities and events targeting the Australian Textile, Clothing and Footwear industry (TCF).
In 2008, IP Australia conducted a survey with the TCF industry to ascertain the level of IP awareness. This survey provided insightful information to help tailor a comprehensive marketing program.
We are currently following up this survey to measure the success of our activities.
Click here for more information.
IP Lodgement Point offers customers a secure way to lodge their IP documents through selected Australia Post outlets in the capital city of each state and territory. The new service arrangements will be rolled out state-by-state, with Tasmania the first to transition to the new service on Monday 7 September 2009.
From this date customers wishing to lodge in person in Tasmania can do so at the IP Lodgment Point located at Australia Post GPO located at 9 Elizabeth Street, Hobart. The service is available to IP Australia customers from 9am to 5pm weekdays, where lodgements and payments relating to Trade Marks, Designs or Patents will be accepted on behalf of IP Australia.
Customers can securely lodge their IP documents and make payments through the IP Lodgement Point and can be assured they will continue to receive a high level of service.
Before lodging customers should visit the IP Australia website for details on what they need to do before proceeding to the IP Lodgement Point. Click here for instructions on using the IP Lodgement Point or contact our Customer Service Centre on 1300 65 10 10 for more information.
IP Australia wishes to remind customers that as per our internet news article of 13 July 2009, we will no longer be able to offer American Express as a method of payment. IP Australia will continue to offer American Express at each of its state offices until close of business Friday 28 August 2009. Online payments using American Express will be accepted until midnight Friday 28 August 2009.
IP Australia continues to accept payment by cheque, money order, cash, EFTPOS, Electronic Funds Transfer, Master Card and Visa.
For more information please contact IP Australia on 1300 65 10 10 or email assist@ipaustralia.gov.au.
The Advisory Council on Intellectual Property (ACIP) is conducting a review of post-grant Patent Enforcement Strategies.
ACIP has now published an Interim Report with a request for written submissions by 30 September 2009. Further information about the review and a downloadable copy of the interim report is available from the ACIP website.
In March and June 2009 IP Australia released a number of consultation papers proposing reforms to the IP Rights System. The multifaceted reforms aim to:
IP Australia has now released two further consultation papers. The first paper discusses proposals for improving the flexibility and timeframes of the patent examination process. The second paper discusses proposals to remove unnecessary differences, to improve certainty and to simplify and modernise Australia's intellectual property system.
IP Australia invites any interested parties to make a written submission. Submissions should be made by 16 October 2009.
IP Australia will consider all submissions and then make recommendations to the Government on the way forward.
Access the two papers here:
Flexible search and examination 
PDF 
Word
Streamlining the patent process PDF Word
You can also see earlier papers here:
Resolving Divisional Applications Faster PDF Word
Resolving Patent Opposition Proceedings Faster PDF Word
Resolving Trade Marks Opposition Proceedings Faster PDF Word
Getting the Balance Right PDF Word
Exemptions to Patent Infringement PDF Word
IP Australia, in partnership with Design Victoria, will be hosting an event entitled 'Brand Creation Essentials' on the 20th of August. The event will feature one of Australia's leading designers - Ken Cato, as well as intellectual property lawyer Trevor Choy. Tailored to meet the needs of the design industry, speakers will provide insights into the important role intellectual property plays in protecting creativity and innovation.
The Export Market Development Grants (EMDG) scheme is a key Australian Government financial assistance program for aspiring and current exporters. Administered by Austrade, the scheme supports a wide range of industry sectors and products, including inbound tourism and the export of intellectual property and know-how outside Australia.
The EMDG scheme:
To access the scheme for the first time, businesses need to have spent $10,000 over two years on eligible export marketing expenses.
Applications for the 2008-09 grant year open are now open and close on 30 November 2009.
You may claim for expenditure on specific export promotional activities undertaken during the financial year before the application period. For your first grant you may claim expenses incurred over the last two financial years.
Recent changes to the scheme now allow for expenses related to the registration and/or insurance of intellectual property.
Eligible businesses may claim:
For more information please visit www.austrade.gov.au/exportgrants.
Small businesses which need to protect their valuable intellectual property (IP) like inventions, brands and designs can now access a new nationally accredited training package. The training offers small businesses practical knowledge about how to protect and benefit from IP. The IP training package consists of eight units which cover all aspects of IP such as managing IP to grow business, protecting business identity and protecting new inventions. The IP training package is funded by IP Australia, and aimed at giving small businesses the skills to compete in today's knowledge-based economy.
View full media release PDF Word
IP Australia has recently received numerous calls from trade mark owners who have received unsolicited correspondence from a company known as TMP, Trademark Publisher.
The unsolicited correspondence includes a Sydney street address for TMP and requests payment for publication of the trade mark owner's trade mark details in a register.
This company is not associated with IP Australia and has no official or government authority. The service it offers does not affect official trade mark registration or trade mark rights in Australia or, to the best of our knowledge, any other country.
Before paying any service provider a fee for IP related services, please be sure to check the bona fides of the service provider and what, if any, protection, promotion or value the service will provide to avoid being deceived.
If you are concerned about the behaviour of any company you should contact the Australian Competition and Consumer Commission (ACCC). Their complaints line is 1300 302 502.
For more information relating to the risks of unsolicited IP services, click here.
The University of Melbourne's Law School is seeking a Research Fellow to contribute to two Australia Research Council funded projects.
The first of these is examining the patenting strategies of pharmaceutical firms to assess the validity of concerns raised over such practices; in short, the research is investigating the factual basis of the “evergreening” debate. The second project is a comparison of the impact of the differences in patent examination procedures in Australia, the United States and in the European Patent Office. This second project is financially supported by IP Australia and the Institute of Patent and Trade Mark Attorneys of Australia.
For more information please click here.
In conjunction with its new state based lodgement services with Australia Post, IP Australia has reviewed its service arrangements to ensure they provide good convenience and value for money to the taxpayer.
As a result, IP Australia is no longer able to offer American Express as a method of payment. IP Australia will continue to offer American Express at each of its state offices until close of business Friday 28 August 2009. Online payments using American Express will be accepted until midnight Friday 28 August 2009.
IP Australia continues to accept payment by cheque, money order, cash, EFTPOS, Electronic Funds Transfer, Master Card and Visa.
For more information please contact IP Australia on 1300 65 10 10 or email assist@ipaustralia.gov.au.
IP Australia is pleased to advise all customers that it has engaged Australia Post to deliver its new state based lodgement service arrangements. These services include the lodgement of documents and payment of fees relating to registered IP rights and new applications.
Australia Post has a strong reputation for quality service and extensive experience in delivering similar services to a large number of both commercial and public sector organisations. Australia Post service over 1 million customers every business day and provide similar services to more than 60 other external organisations. Australia Post is a statutory corporation of the Commonwealth of Australia providing secure postal services and excellent customer service, with all of its outlets currently ISO 9001 quality certified.
The new arrangements will build on the high standards currently being delivered by IP Australia's state offices and deliver a range of benefits for customers. These include increased accessibility with a service location based in the CBD of each capital city and greater document security with the use of Australia Post's Secure Overnight Courier service. In addition, IP Australia lodgement services will be made available in the Northern Territory for the first time, via an Australia Post lodgement service location in Darwin.
Further details of the new service arrangements will soon be provided to all customers via “What's new” website articles. The transition to the new service arrangements with Australia Post is expected to be implemented over a 12 month period commencing September 2009.
Details of the proposed new service locations and transition dates are as follows:
| State | Service Location | Indicative Transition Date |
| TASMANIA | Hobart GPO 9 Elizabeth Street HOBART TAS 7000 |
7 September 2009 |
| WESTERN AUSTRALIA | Perth GPO Shops 3 & 4 3-7 Forrest Place PERTH WA 9000 |
28 September 2009 |
| SOUTH AUSTRALIA | Adelaide GPO 141 King William Street ADELAIDE SA 5000 |
12 October 2009 |
| NEW SOUTH WALES | Sydney QVB Building 44 Market Street SYDNEY NSW 2000 |
2 November 2009 |
| NORTHERN TERRITORY | Darwin GPO 48 Cavenagh Street DARWIN NT 8000 |
6 November 2009 |
| VICTORIA | Melbourne GPO 250 Elizabeth Street MELBOURNE VIC 3000 |
16 November 2009 |
| QUEENSLAND | Brisbane GPO 261 Queen Street BRISBANE QLD 4000 |
No later than 2 August 2010 |
If you require further information or have any comments regarding this initiative please email servicetransition@ipaustralia.gov.au.
Click here for more information on IP Australia's new state based service arrangements.
IP Australia has made some small modifications to Trade Marks IT services as part of a scheduled maintenance release. These revisions will change the user experience of some Online Services.
A summary of the changes that will be released on 11 July 2009 are provided here. PDF Word
If you have any questions regarding this release, or if you have suggestions for other improvements, please contact the IP Australia Customer Service Network on 1300 651 010 or email assist@ipaustralia.gov.au.
Richard Marles, Parliamentary Secretary for Innovation and Industry, has announced the reappointment of two members to the Professional Standards Board for Patent and Trade Marks Attorneys.
The reappointed members are Mr David Webber and Ms Julie Ballance.
As of 1 July 2009 a number of PCT rule changes will come into effect.
These changes include amendments to guidelines when filing sequence listings and their associated fees. Changes have also been made to rules 46.5 and 66.8 in regard to filing amendments. Rule 29.4 has also been amended referring to the Notification of intent to make a declaration under Article 14 (4).
Please refer to the Official Notice in the Journal of 25 June 2009 for further details of these rule changes.
The Intellectual Property Law Amendment Regulations 2009 (No.1) were signed by the Governor-General on 24 June 2009. The Amendment Regulations will appear on the ComLaw website in the near future and will commence on 1 July 2009.
The main purpose of the Amendment Regulations is to update the English text of the rules made under the Patent Cooperation Treaty (PCT) to reflect recent changes to the PCT. They will also align the various requirements for declarations in the designs, patents and trade marks legislation in accordance with current government recommendations and make a number of minor typographical corrections.
Official Notices providing more details of the respective changes appeared on the IP Australia website on 25 June 2009. Similar Official Notices also appeared in the Australian Official Journals of Patents and Trade Marks on 25 June 2009. An Official Notice for changes to the Designs Regulations 1994 will appear in the Australian Official Journal of Designs on 2 July 2009.
Dr Francis Gurry is the Director General of the World Intellectual Property Organization. He is the highest-ranking Australian official in a United Nations agency, and only the third to ever head a UN agency. Dr Gurry is making his first official visit to Australia since his election as Director General last year.
Dr Gurry will present a public lecture at the Melbourne Law School on 3 August. He will speak on the subject of "Intellectual Property, Innovation and Creativity - Future Global Directions".
Don't miss this rare opportunity to hear from the leader of the world's most influential intellectual property organisation.
For more information download the event brochure.
Bookings are essential — click here to register.
On 27 March 2009 IP Australia released the first of a series of consultation papers proposing reforms to the IP Rights System.
The multifaceted reforms aim to:
IP Australia has now released three further consultation papers. These papers discuss proposals for improving opposition proceedings and divisional application processes. The objective of the proposals is to reduce the period of uncertainty during which the public and third parties do not know where they have freedom to operate.
IP Australia invites any interested parties to make a written submission. Submissions should be made by 17 August 2009.
IP Australia will consider all submissions and then make recommendations to the Government on the way forward.
Access the three papers here:
Resolving Divisional Applications Faster PDF Word
Resolving Patent Opposition Proceedings Faster PDF Word
Resolving Trade Marks Opposition Proceedings Faster PDF Word
Getting the Balance Right PDF Word
Exemptions to Patent Infringement PDF Word
IP Australia completed its third biennial Customer Benchmark Survey in December 2008.
The Customer Benchmark Survey is IP Australia's primary mechanism for understanding customer and stakeholder perceptions of its products and services.
Participants were surveyed across areas such as: responsiveness to enquiries and requests, confidence in IP rights, adequacy of payment mechanisms and quality of search and examination reports.
The survey provides very useful feedback on the performance of IP Australia across all business areas.
IP Australia is using the survey results to improve our operations. We are undertaking a series of modernisation, quality improvement and training programs as part of our continuous improvement efforts.
IP Australia would like to thank all participants in the Customer Benchmark Survey 2008. We value feedback and look forward to learning more about customer needs and expectations through ongoing market research programs.
To view a summary of the research findings please click here.
Anna Booy, IP lawyer with Rouse International will be speaking at The Exporters' club North West Adelaide at their second quarterly export briefing lunch on May 20. Learn about IP and exporting with a focus on China. This event is supported by IP Australia.
IP in an International context
- export briefing
IP Australia's patent search tool, AusPat, is currently experiencing technical difficulties which are resulting in the datasets not updating.
We are currently working on a resolution, but in the meantime AusPat will still perform as expected however the results of any search will only contain data that is current as at the 5th of April 2009.
IP Australia apologises for any inconvenience this technical issue may cause.
Once resolved, this notice will be updated.
IP Australia opened a new patent examination centre in Melbourne today, to meet the future needs of Australia's innovators.
The Melbourne Patent Examination Centre will be responsible for examining patent applications in the fields of chemical engineering, mechanical engineering, chemistry and electronics.
Due to recent fluctuations on the exchange rate of the Australian Dollar, WIPO have changed the exchange rate that they use with Australia. These changes are to take place on Wednesday 1 April 2009.
This exchange rate change will affect the cost of requests that attract a fee, that are sent to WIPO via IP Australia.
All new applications, subsequent designation and all 2nd Part Fees will still need to be calculated using the IP Australia Trade Marks International Fee Calculator.
The WIPO request fees that are not calculated on the IP Australia Trade Marks International Fee Calculator are listed below showing the new Australian dollar equivalent to the Swiss Franc fee.
| WIPO Form Reference | WIPO Form Title | Swiss Francs (CHF) | Australian Dollars (AUD) |
| MM5 | Request to Change Ownership | 177 | 233 |
| MM6 | Request for Limitations of the G&S | 177 | 233 |
| MM7 | Request for Renunciation | Free | Free |
| MM8 | Request for Cancellation of an IR | Free | Free |
| MM9 | Request change in Name and/or Address of Holder | 150 | 197 |
| MM10 | Request to change in Name and/or Address of Representative | Free | Free |
| MM12 | Appointment of Representative | Free | Free |
Senator Kim Carr, Minister for Innovation, Industry, Science and Research today called for written submissions on proposed reforms to the intellectual property (IP) system.
“A strong and efficient IP system is a cornerstone of successful innovation,” Senator Carr said. “I encourage all stakeholders to make submissions and let their views be known.”
The multifaceted reforms aim to:
reduce barriers in the innovation landscape for researchers and inventors;
improve certainty about the validity of granted patents; and
allow patent claims to be resolved faster.
Information on the proposed reforms will be contained in a series of papers, the first two can be viewed by clicking on the links below.
IP Australia invites any interested parties to make written submissions. IP Australia will consider all submissions and then make recommendations to the Government on the way forward.
‘Getting the Balance Right’ – Raising patentability standards and giving greater
certainty in the validity of granted patents. PDF Word
‘Exemptions to Patent Infringement’ – Ensuring that patents do not inhibit research
and development in Australia. PDF Word
The closing date for submissions is Friday, 8 May 2009.
Senator Kim Carr, Minister for Innovation, Industry, Science and Research, today announced the reappointment of Ms Sigrid Higgins to the Patent and Trade Marks Attorneys Disciplinary Tribunal.
The tribunal plays an important role in our innovation system by providing the appropriate checks and balances in relation to the conduct and discipline of intellectual property professionals.
View the full media release PDF Word
IP Australia is reviewing its fees during 2009 in accordance with Australian Government Cost Recovery Guidelines. The process which commenced in 2008 has been extended as a result of emerging economic conditions.
The objectives of the Cost Recovery and Fee Review are to:
Any fee changes as a result of the review will be scheduled for July 2010.
Please forward all feedback to:
Mail
Fee Review
IP Australia
PO Box Woden
ACT 2606
Fax
02 6283 2678
The point of contact for all enquiries is Kieran Sloan, telephone (02) 6283 2715 or email kieran.sloan@ipaustralia.gov.au.
On Saturday 7 February 2009, that state of Victoria experienced devastating bushfires that impacted on more than 11,000 people. Many individuals and families were left homeless and many others have been deeply affected.
While relief and recovery arrangements continue, IP Australia would like to ensure customers are aware that there are extensions of time provisions in place. Customers who have been unable to respond to time frames because of circumstances beyond their control can request an extension of time on this basis. IP Australia may waiver fees for extensions of time where appropriate.
Customers who have been affected, while it may be difficult to do so, are encouraged to contact IP Australia as soon as they are aware a cut off time has not been met, or that one is approaching.
For more information on extensions of time for affected customers view IP Australia's official notices. Or to make a request for an extension of time or replacement documentation please contact IP Australia on the following numbers or visit the website at www.ipaustralia.gov.au.
IP Australia
Phone 1300 65 10 10 or +61 2 6283 2999
Fax +61 2 6283 7999
Email assist@ipaustralia.gov.au
IP Australia and Business Enterprise Centres Australia Inc (BEC Australia) have signed a memorandum of understanding (MoU) aimed at raising awareness of intellectual property (IP) issues and encouraging Australian businesses to identify and protect their IP.
Signed on March 6 at IP Australia's inaugural Business and Industry Forum in Canberra, the MoU aims to strengthen the relationship between both organisations and identify collaborative activities that will promote small business growth.
“Nearly all businesses own some form of IP that is important to their operations and ongoing success, from customer lists to patented products.” says Philip Noonan, IP Australia Director General “Once you have identified and protected your IP you can explore how to turn your IP to profit.”
The first initiative to be realised from the collaboration is a nationwide seminar series to be conducted throughout Australia's innovation festival (from 26 April to 30 May) entitled “10 Steps to making money from Smart Ideas.
The BEC charter is to work with and on behalf of the micro and small business sector and acts as a voice for small business. There are more than 130 Business Enterprise Centres currently in operation throughout all states and territories in Australia.
Seminar locations and dates will be published on IP Australia's Smart Start website from 7 April 2009.
IP Australia, in conjunction with the Attorney-General's Department, has developed a new information sheet on ‘Crown Use' provisions for patents, designs and copyright. The information sheet explains what ‘Crown Use' is, how the provisions may be applied and your rights.
View the information sheet here.
The Australia-Chile Free Trade Agreement came into force on 6 March, 2009. Chile is Australia's third largest trading partner in Latin America and there are approximately 120 Australian companies actively trading with Chile. The full text of the agreement is available at http://www.dfat.gov.au/geo/chile/fta/index.html. The Media release from the Minister for Trade is available at www.trademinister.gov.au/releases/2009/sc_021.html.
IP Australia contact: Edwina Lewis, Assistant Director, International Policy.
On the 5 March, Prime Minister Kevin Rudd and the President of the Republic of Korea Lee Myung-bak, agreed to launch bilateral Free Trade Agreement negotiations. The Department of Foreign Affairs and Trade (DFAT) has invited submissions on issues relevant to this FTA, including stakeholder views on issues relating to doing business in Korea, such as intellectual property. Alternatively, IP Australia will be happy to receive submissions on Korea and IP and forward them on to DFAT. More information about the negotiations or submissions can be found at www.dfat.gov.au/geo/rok/fta/index.html.
IP Australia contact: Karen Tan, Director, International Policy.
On 27 February, Minister for Trade Simon Crean joined Trade Ministers from the 10 members of the Association of South East Asian Nations (ASEAN) and New Zealand in signing the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) in Hua Hin, Thailand. The full text of the Agreement, and the Australian Guide to the Agreement are available via the above link. The Media Release from the Minister for Trade is available at www.trademinister.gov.au/releases/2009/sc_017.html
IP Australia contact: Joanne Rush, Assistant Director, International Policy.
The Korean Intellectual Property Office (KIPO) has officially become an International Searching Authority and International Preliminary Examining Authority for Australian applicants filing under the Patent Cooperation Treaty (PCT). From 1 March 2009, under an arrangement between IP Australia and KIPO, Australian applicants can choose to nominate KIPO or IP Australia to conduct international search and examination of their PCT applications.
This new partnership demonstrates IP Australia's continued commitment to work with other IP offices to improve accessibility to the international IP system for the benefit of Australians.
For further information on the arrangement contact George Vuckovic-phone +61 2 6283 7914 or email george.vuckovic@ipaustralia.gov.au.
Green Innovation as the key to a secure future has been announced as the focus for World IP Day 2009 by the World Intellectual Property Organization (WIPO).
Each year World IP Day is celebrated across the globe on 26 April. It was established to highlight the significance of creativity and innovation in people's daily lives and in the betterment of society.
World IP Day 2009 artwork including poster, postcard and bookmark can be downloaded from the WIPO website at http://www.wipo.int/ip‑outreach/en/ipday/2009/.
A World IP Day section will be available on the IP Australia media centre in the coming weeks.
IP Australia is looking for an attorney to participate in our IP Professionals Forum (IPP). The IPP is a unique opportunity for you to engage directly with IP Australia and a variety of representatives from IP-related associations, to gain a more holistic view of the IP landscape and help influence IP policy.
To apply you must be an Australian registered patent or trade mark attorney and not be a member of an IP association.
About the IP Professionals Forum
The IP Professionals Forum is the principal forum for consultation, discussion and information exchange on IP matters that relate to IP professionals.
Meetings will allow for high-level discussion on IP policy, IP management, innovation and the broader IP environment, both in Australia and abroad. Participants will also be notified of IP Australia's initiatives and consulted on future activities.
The IP Professionals Forum will be held biannually, with one meeting in Canberra and a second alternating between Melbourne and Sydney. The first Forum is expected to be held in Melbourne in May 2009.
For more information and registration details click here.
Attorney firms again have the opportunity to host an IP Australia employee as the first round of IP Australia's attorney placement program commences for 2009.
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.
About the program
The Attorney Placement Program is designed to facilitate open communication between IP Australia and attorney firms, support a more professional workforce and assist in strengthening IP Australia's customer service capabilities.
As part of the program, participating firms will place an experienced IP Australia staff member in their firm for two weeks. The role of the visiting staff member is to provide the host firm with an insight into IP Australia's processes and procedures.
Participating firms are also invited to send a staff member to IP Australia to complete the exchange. IP Australia will work with you to ensure the program is tailored to meet the learning objectives of your staff, placing them in one of the following IP Rights divisions - patents, trade marks, designs or IP rights administration.
Terms and Conditions
Click here for more program details.
Need more information?
If you would like to register or receive more information about the program, please contact Kylie Argirov at IP Australia on (02) 6222 3636, via email kylie.argirov@ipaustralia.gov.au , or complete the attached registration form.
Please register your interest by Friday 6 March 2009.
In 2007, a review was carried out into the effectiveness and impacts of two pieces of legislation that, among other things, protect the Olympic movement and protected the Melbourne 2006 Commonwealth Games from ambush marketing. The legislation under review was Chapter 3 of the Olympic Insignia Protection Act 1987 and the Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Act 2005.
Frontier Economics Pty Ptd was engaged to conduct this review, releasing a discussion paper and conducting stakeholder consultation in 2007. The final report of the review is now available, and can be viewed at the following link.
Ambush Marketing Legislation Review
IP Australia is pleased to support the annual conference of the Licensing Executives Society of Australia and New Zealand (LESANZ) to be held in Canberra from 2-4 April.
The conference “Creating and Driving Impact” has a host of diverse speakers covering a range of topics such as:
International and national speakers include:
For more details on the program please view the Conference Brochure and the Conference Workshop Summary.
Registration is now available for the LESANZ Annual Conference by visiting www.lesanz.org.au
In most instances where you need to submit a declaration to IP Australia you don't need to submit a statutory declaration. For your convenience, IP Australia now supplies declaration forms for you to use.
Download the new forms here
Patents Declaration Form
Trade Marks Declaration Form
Designs Declaration Form
For more information download the declarations fact sheet.
IP Australia has implemented changes to the format of the Trade Mark Certificates of Registration to improve the quality of the product and provide a certificate that contains a coloured representation of the mark. (Endorsements will be provided where appropriate.)
A notice appeared in the Trade Marks Journal of 13 November 2008 and further information is provided below on those changes made since 10 November 2008.
Format:
Date:
Distribution:
For further information please contact IP Australia.
Australian users of the Patent Cooperation Treaty (PCT) can make their views known by participating in a survey being run by the World Intellectual Property Organization (WIPO), the body that administers the PCT. The comprehensive survey covers all aspects of the PCT from electronic filing to search and examination.
It's important that Australian views are represented, so if you use the PCT have your say by following this link to the survey: https://webaccess.wipo.int/opinio/s?s=2433
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.
From 1 July 2009, Australian exporters may be able to partially recover the cost of IP protection under a recent amendment to the Export Market Development Grants (EMDG) scheme.
Applicants may apply to recover the cost of granting, registering or extending rights under foreign laws in relation to eligible intellectual property, as well as the cost of obtaining insurance to protect these rights.
The EMDG scheme, administered by Austrade, is an Australian Government financial assistance program for Australian exporters who promote Australian made products overseas.
Up to 50% of eligible export promotion expenses above $10,000 may be reimbursed under the scheme.
Austrade's website features an eligibility checklist designed to help you understand whether you should consider applying for an Export Market Development Grant.
For further information visit the Austrade website.
IP Australia is proud to be supporting the INNOVIC Next Big Thing Award in 2009.
If you have a leading edge new invention, innovation or idea that could be the next big thing, enter into the competition and be in with a chance to win an array of cash and prizes.
Applications close on 16 March 2009.
Commonwealth of Australia, 2010
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