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Australia’s amended Trade Marks Act and Regulations, Patents Regulations come into effect

21 June 2024

Australia’s amended Trade Marks Act and Regulations, Patents Regulations come into effect

Australia’s amended Trade Marks Act and Regulations and Patents Regulations came into effect on May 17, 2024.

Some of the changes to the Trade Marks Act and Regulations include the following:

  • A new grace period of six months for all trademark renewals.
  • Restoration of certain previously removed trademarks to the registry during non-use proceedings under specific circumstances
  • Publication of trademark information, such as actions and decisions, in the IP Australia website, Australian Trade Marks Search and other more user-friendly sites instead of the Official Journal of Trade Marks.
  • Clarification that certain discontinued TM Headstart requests may be revived under certain circumstances.
  • Updated classification of goods and services in accordance with the Nice Agreement.

Mike Zammit, Principal and Chemical and Life Sciences Leader, Spruson & Ferguson in Sydney

Meanwhile, the Patents Regulations have eliminated outdated transitional provisions dating back to the 1952 Patents Act and the 1989 Amending Act of the Patent Regulations.

The changes include repealing sections 231 to 236 and 238 of the Patents Act 1990, for example. These deal with granted patents and other proceedings under the 1952 Patent Act, which no longer apply. Additionally, Regulations 23.2 to 23.26 of the Patents Regulations 1991 are repealed, which deal with matters such as the practice and procedure for opposition to grant; restoration of lapsed applications or ceased patents; and dealing with certain withdrawn, abandoned or refused applications – again under the 1952 Act and no longer applicable,” explained Mike Zammit, principal and chemical and life sciences leader at Spruson & Ferguson in Sydney.

“The aim is to streamline the Regulations to current needs, with no impact on the administration of the patent system itself, so it’s completely reasonable to say they’re appropriate,” said Zammit.

- Espie Angelica A. de Leon

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