Change to requirements for certificates of verification for trade marks and designs applications

Policy ID: 
34
Status: 
On hold
Priority: 
Medium
Issue summary: 

Currently applicants for IP rights who file first overseas in a foreign language must provide a translation of all foreign-language documents into English when applying for or prosecuting rights in Australia. Any filed translations must be accompanied by a certificate of verification providing that the translator undertakes that the document is a true and complete translation to the best of their knowledge, and is dated and signed.

This requirement to provide a certificate of verification places a burden on applicants that may not be necessary. The majority of translations are accurate and do not give rise to any issues. The requirement to file a certificate also prevents machine translation, which may be an appropriate option as technology improves.

Revocation of the requirement to file a certificate of translation may reduce the burden on applicants. The Registrar would still have the power to require a certificate if she reasonably doubts the veracity of the filed translation.

History: 
On hold 04-Sept-2017
Comments: 
Issue to be considered in future. Other matters of higher priority will be considered first. See also item 22.
Tag: 
Designs
Trade Marks

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