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
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 firstname.lastname@example.org. For accessibility reasons, please submit responses by email in Word, RTF, or PDF format.
Ph: (02) 6283 2145
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.
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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.
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