Intellectual Property Laws Amendment (Regulator Performance) Bill 2023
The Intellectual Property Laws Amendment (Regulator Performance) Bill 2023 was introduced into the House of Representatives 22 June 2023 and is currently before the Parliament for consideration.
Changes to the Olympic Insignia Protection Act, Trade Marks Act, and Patents Act
The Bill makes a small number of amendments to the Olympic Insignia Protection Act 1987, the Trade Marks Act 1995, and the Patents Act 1990.
The Bill is divided into the following 6 parts.
Part 1 – Trade marks that contain, or consist of, olympic motto etc.
Clarifies that only the Australian Olympic Committee (AOC) and International Olympic Committee (IOC) are permitted to register Olympic insignia as trade marks in Australia. The amendments will also provide clearer authority for the government to reject trade mark applications not applied for by the AOC or IOC.
Part 2 – Renewal of registration
Harmonises minor inconsistencies contained within trade mark renewal grace period provisions.
Part 3 – Revocation of registration
Requires that the registration of a trade mark be revoked in circumstances where a component of a notice of opposition to registration of the trade mark by a third party was overlooked by IP Australia during the registration process.
Part 4 – Restoration of trade marks to the Register
Allows, in specific circumstances, for a trade mark registration to be restored onto the Trade Marks Register when it had been removed as part of a non-use action.
Part 5 – Official Journal etc.
Removes direct references to the Official Journal of Trade Marks, so that the format the government uses to communicate trade mark decisions is not prescriptive and can respond to changing technologies and customer behaviour.
Part 6 – Spent provisions
Repeals the transitional and savings provision in the Patents Act 1990 that have had no effect from February 2022. This proposal is machinery in nature with no impact on administration of Australia’s patent system.
Corresponding changes to regulations
Amendments to the Trade Mark Regulations and Patents Regulations are expected to take place to support the changes made in the Bill.
We previously consulted on the changes proposed in this Bill when they were part of the former Regulator Performance Omnibus Bill 2022. As part of this process, we consulted with and received submissions from key stakeholders on what could be improved. We have implemented these changes.View the Regulator Performance Omnibus Bill 2022 consultation