Policy ID: 
104
Status: 
Policy development
Priority: 
High
Issue summary: 

Trade marks applications can be rejected if they are ‘scandalous or contrary to law’ and designs applications are also checked for ‘scandalous’ content. However, it is not clear whether the registration of trade marks and designs that may offend Indigenous people is prevented by the current Australian legislation. There is also no mechanism for consideration of whether Indigenous people have consented to the use of their Indigenous Knowledge in an application.

Under this proposal, IP Australia would explore measures to prevent registration of trade marks and designs using Indigenous Knowledge without consent or if offensive to Indigenous people.

History: 
Policy development 08-Aug-2019
Comments: 

The Australian Government has announced the public release of IP Australia’s Consultation Report – the Protection of Indigenous Knowledge in the Intellectual Property System. This report summarises stakeholders’ feedback received in our consultation on Indigenous Knowledge issues. It follows the publication of Indigenous Knowledge: Issues for protection and management, a paper produced by the Indigenous owned legal firm Terri Janke and Company for IP Australia and the Department of Industry, Innovation and Science.

Tag: 
Designs
Trade Marks
215

Policy feedback

Mandatory fields are marked with an asterisk *

More information
  • Files must be less than 10 MB.
  • Allowed file types: jpg jpeg png rtf pdf doc docx.
By clicking the submit button below, you consent to any personal information you provide through this form being handled in accordance with the Privacy Notice and the IP Australia Privacy Policy

Privacy Notice

The personal information you provide to the Policy Register (including through any submissions) is collected by IP Australia for the purposes of gaining stakeholder insights and feedback into various policy issues and feedback on the Policy Register trial. Your personal information is handled in accordance with our Privacy Policy and is protected by the Privacy Act 1988. Our Privacy Policy states how you may access and correct the personal information we hold; how we protect your personal information; how you may make a privacy complaint and how we will deal with your complaint; and the contact details for IP Australia’s Privacy Contact Officer. Please read our Privacy Policy for more information.

Any personal information you provide will be used for the purposes of administering the Policy Register and the Policy Register trial, responding to feedback, and contacting you in relation to any feedback. IP Australia may provide any personal information collected to IP Australia staff, the Department of Industry, Innovation and Science and the relevant Ministers’ offices. IP Australia will not disclose your personal information to any overseas recipients.

Whilst your personal information may be provided anonymously, IP Australia may not be able to contact you or respond to your feedback.

IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law. By providing any personal information to the Policy Register (including through any submissions), you consent to your personal information being handled in accordance with this privacy notice and the IP Australia Privacy Policy.

Close