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Changes to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Janice Yew | October 21st, 2015

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) and its Regulations come into effect today (15 April 2013) and introduce a range of changes to Australia’s intellectual property framework, including the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003, Copyright Act 1968 and Plant Breeder’s Rights Act 1994.

One important change is the altered process and time limits for trade mark oppositions.

Under the new laws, a party wishing to oppose a trade mark must file a Notice of Opposition with the Trade Marks Office within a shorter time limit of two months from when the trade mark application is advertised for acceptance. They must then, up to one month later, file a Notice of Intention and a Statement of Grounds and Particulars.

The applicant must file a Notice of Intention to Defend, or their application may lapse. The purpose of these changes is to consolidate and encourage best practice in relation to the trade mark oppositions’ process, and to facilitate the resolution of trade mark disputes more quickly.

This is just one example of many changes under the Raising the Bar Act. The Trade Marks Office has prepared a guide to the reforms, which is available here.

If you have any questions or would like to discuss how the changes may affect you, please contact us.

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Janice Yew

Janice Yew

Lawyer, BCom JD at mdp
Janice joined mdp in 2013 as a law clerk while completing her Juris Doctor at the University of Melbourne. In 2015, she came onboard full-time as a law graduate, and started working in the firm’s property, commercial and intellectual property practices.
Janice Yew

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