TRADE MARKS COMMITTEE

OBJECTIVES OF THE COMMITTEE

The objective of  the Trade Marks Legislation Committee is to monitor closely the amendment and  development of legislation as it relates to trade marks, including the interpretation of that legislation by IP Australia and the Courts.

The Trade Marks Legislation Committee is charged with the following responsibilities:

•   Monitoring legislation changes (and proposed legislation changes) that have the potential to impact on the Australian trade mark  system, including but not limited to the Trade Marks Act Act and Regulations, and any other legislation involving brands and trade marks, for example, Olympia Insignia Protection Act 1987.

•   Taking part in consultations with IP Australia, the Government, and other bodies charged with the responsibility of reviewing aspects of Australian legislation as it relates to trade marks, to ensure that the views of IPTA members and their clients are taken into account before any legislation changes are implemented. This includes attending IP Australia Trade Mark and Design Consultation Group meetings on behalf of the IPTA council, including the preparation and filing of submissions on behalf of IPTA.

•   Monitoring changes in practice within IP Australia (and proposed changes to practice) relating to the interpretation of legislation that have the potential to impact the trade mark registration system, infringement actions and anti-counterfeiting.

•   Working in cooperation with Trade Marks committee to develop and implement strategies for raising concerns with IP Australia to ensure that any adverse or potentially adverse impact on trade mark  applicants and owners(or third parties) resulting from such changes in practice is minimized or avoided. including the preparation and filing of submissions on behalf of IPTA.

•   Monitoring Australian Court decisions and case law development to ensure that they support  protection for trade marks in Australia and are not counter to well established case law principles.

•   Monitoring International  law developments, including developments within WIPO and in relation to bilateral and multilateral trade agreements, and making representations or submissions on behalf of IPTA to minimize or avoid  the possibility that such developments will necessitate changes to Australian legislation that  will have an adverse impact on trade mark applicants and owners (or third parties).

•   Working to ensure that trade mark attorneys have a right of practice under trade marks legislation which they currently do not have, including lobbying for legislative changes by IP Australia.

MEASURABLE GOALS

The measurable goals of the Trade Marks Legislation Committee include:

•   Attendance at consultation meetings organised by IP Australia and/or the Government or other bodies charged with the responsibility of reviewing aspects of Australian legislation as it relates to trade marks.

•   Submissions drafted and filed within deadlines provided.

•   Changes made to proposed legislation or practices of IP Australia, new legislation  or IP Australia practices introduced or changed as a result of  work of committee.