At present, it is not possible to divide an International Registration Designating Australia (IRDA). Proposed changes to the Common Regulations under the Madrid Protocol will come into force in February 2019, and will provide for division of IRDAs under the Madrid Protocol.
As a consequence, and because Australia provides for the division of domestic trade mark applications, Australia is obliged as a Contracting Party to the Madrid Protocol to amend the Trade Marks Act 1995 and related regulations to give effect to the amendments to the Common Regulations.
In doing so, IP Australia will need to consider any associated or consequential changes to the process for seeking divisionals of domestic trade mark applications, to ensure that the process for domestic trade mark applications and IRDAs is consistent for all IP Australia customers.
Consultation 30-Aug-2017 to 17-Nov-2017
Policy development 20-Nov-2017 to 03-Sep-2018
Legislative drafting 04-Sep-2018 to 06-Dec-2018
Consultation 11-Jan-2019 to 1-Mar-2019
High priority, as changes to the Common Regulations under the Madrid Agreement come into force in February 2019.
IP Australia is currently consulting on exposure draft legislation to implement divisionals for IRDAs on the same basis and with the same timeframes as divisional applications for national applications. IP Australia would seek the making of the regulations before the end of 2019, so as to allow divisionals for IRDAs to be implemented in the first half of 2020.
IP Australia also proposes to conduct a holistic review of trade mark timeframe issues (including divisional timing) in the future when the implementation of the Government’s response to the PC’s review of Australia’s IP arrangements is complete.