Last updated: 
11 January 2019

IP Australia has released draft regulations for public comment. These draft regulations are for amendments to the Trade Marks Regulations 1995 to:

  • provide for the dividing of international registrations designating Australia (“IRDAs”) into divisional IRDAs

  • update or make clearer several references to international arrangements concerning protection of trade marks.

Divisional IRDAs will be examined in the same way and timeframe as divisional applications for Australian registration. There will be necessary procedural differences because the International Bureau of the World Intellectual Property Organization must create any divisional international registration in the International Register.

The regulations are proposed to be made in 2019, subject to the Government’s priorities. Divisional IRDAs would become available six months after the regulations are registered.

Draft regulations and explanatory statement

Previous consultation 

IP Australia has previously consulted on reforms to the trade marks divisional system in Australia, as part of a wider package of reforms. Details of the consultation and IP Australia’s response to the submissions received can be found on the webpage Public consultation on several Intellectual Property (IP) matters.

As indicated in that response, the current proposal is to amend the Trade Marks Regulations to implement IRDA divisionals so that they are examined in the same way and timeframe as divisional applications for Australian registration. The amendments will not change how divisional applications for Australian registration are treated.

Making a submission

We are seeking comments on the draft regulations, particularly on any unintended consequences of these regulations or issues with the drafting.

We invite all interested parties to make written submissions on the Exposure Drafts by Friday 1 March 2019. Please send submissions to consultation@ipaustralia.gov.au. For accessibility reasons, please submit responses by email in Word, RTF, or PDF format.

Contact officer 

Paul Gardner
Ph: (02) 6283 2145
Email: paul.gardner@ipaustralia.gov.au

Privacy Notice

Personal information is collected by IP Australia during this public consultation for the purposes of gaining stakeholder insights and comments on the proposed amendments to the Intellectual Property Rights legislation and regulations, and is protected by the Privacy Act 1988 (“Privacy Act”).

Your submission, along with any personal information you provide as part of that submission, will be published on IP Australia’s website. Information published online may be accessed world-wide, including by overseas entities. Once the information is published online, IP Australia has no control over its subsequent use and disclosure. You acknowledge and confirm that Australian Privacy Principle (APP) 8 will not apply to the disclosure. If any overseas recipient handles your personal information in breach of the APPs, you acknowledge and agree that IP Australia will not be accountable under the Privacy Act and you will not be able to seek redress under the Act.

If you would prefer that your submission, or any part of your submission, is not published on our website, please notify IP Australia in writing at consultation@ipaustralia.gov.au, clearly identifying that the whole submission is confidential or the particular parts of the submission you consider to be confidential. IP Australia will not publish any submission or part of a submission that you have marked as confidential.

Your submission, including any personal information you provide, may be disclosed to the relevant Ministers and their offices, the Department of Industry, Innovation and Science and other Commonwealth government agencies (Recipients) including any relevant contractors providing services to the Recipients, for the purpose of briefing on the results of the consultation in general and/or about specific issues on which you have commented. This disclosure may occur whether or not your submission has been marked as confidential. Where contact details are provided, IP Australia may also contact you by telephone or email to discuss your submission.

Whilst the Recipients will review your submission and seriously consider it, there is no guarantee that all or part of your views will be included in any outcome of the government policy for which your consultation is being sought.

A request made under the Freedom of Information Act 1982 for access to a submission marked confidential will be determined in accordance with that Act.

IP Australia may use your personal information to contact you further regarding the outcomes of this consultation and to inform you of further progress and consultation on these legislative proposals that we think may be of interest to you.

IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law.

IP Australia retains sole discretion to decide not to publish a submission or part thereof, or to remove any content, including but not limited to any content which is unlawful, defamatory or offensive from a submission before publishing it on IP Australia’s website.

All personal information you provide is handled in accordance with IP Australia’s Privacy Policy (Privacy Policy) and this privacy notice.

The Privacy Policy contains relevant information, including:

  • how you may seek access to and correction of the personal information we hold;
  • how you may make a complaint about a breach of the Privacy Act and how we will deal with your complaint; and
  • IP Australia’s privacy contact officer details.

By making a public submission, you provide your consent to your personal information being handled in accordance with this privacy notice and the IP Australia Privacy Policy.