Publications

Developments in Australian Trade Mark Law - Friday, May 30, 2008

The Trade Marks Amendments Act 2006 (Cth) and Intellectual Property Laws Amendment Act 2006 (Cth) have introduced significant changes to the Trade Marks Act 1995 (Cth).

Please click on the article to read more.

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World Trademark Review - Key aspects of trademark enforcement in Australia - Thursday, March 29, 2007


Many countries have similar systems for the registration and enforcement of trademarks. However, there will inevitably be differences, often borne out of the different jurisprudential bases on which these systems are based.

This article looks at trademark enforcement in Australia and highlights some aspects of the Australian legislation which differ from the US system. It also examines the main border protection methods available in Australia to trademark owners.

To contuine reading please click on the attached pdf.

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Filing Design Applications in Australia - Friday, March 09, 2007

There are no forms in Australia that require the applicant’s signature at the time of filing. No Power of Attorney is necessary, however a number of documents and particulars are required to process an application.

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Changes to IP Australia’s Fees - Friday, March 09, 2007

Changes to IP Australia’s fees and costs under the Designs, Patents, Plant Breeder’s Rights and Trade Marks Acts came into effect on 1 March 2007.

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Changes to the Australian Trade Marks Act 1995 - Friday, November 24, 2006

The Trade Marks Amendment Act 2006 (“the Amendment Act”) received Royal Assent on 23 October 2006. The Amendment Act results from a review undertaken by IP Australia to ensure the Act was meeting the needs of Australian businesses and users of the Australian trade mark system.

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Protection for Colour Purple by Cadbury - Monday, July 31, 2006

What do you think of when you see chocolate in a Purple wrapper? Recent decisions of the Australian Trade Marks Office and the Federal Court issued on the same date throw light on this question.

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Time for a change to Australian Intellectual Property Laws? - Tuesday, May 09, 2006

On 30 March, 2006 the Intellectual Property Laws Amendment Bill 2006 (Cth) (“the Bill”) was introduced into the House of Representatives. The Bill proposes to make some significant amendments to the Patents Act 1990 (including amendments to clarify the prior use defence, to add another ground upon which a compulsory licence may be sought, to allow the award of exemplary damages and which affect the ability to “springboard” on pharmaceutical patents), and to the Trade Marks Act 1995 (including amendments which affect the revocation of trade mark rights and access to trade mark documents filed with the Trade Marks Office).

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