Intellectual Property Point-in-Time Updates

The Intellectual Property Point-in-Time Service has been updated to include the Intellectual Property Laws Amendment (Regulator Performance) Regulations 2024 (Cth).

Intellectual Property Laws Amendment (Regulator Performance) Regulations 2024 

These Regulations make technical improvements to Australia’s intellectual property rights system to streamline use of the system, correct minor inconsistencies and reduce legal uncertainty. These improvements were identified by IP Australia (which administers the patent and trade mark systems) as part of a 2021 whole-of-government review of regulator performance. These changes complement and are consequential to recent amendments made by the Intellectual Property Laws Amendment (Regulator Performance) Act 2023 (Cth) (the Amending Act).

The Regulations amend the Trade Marks Regulations 1995 (Cth) to:

• make consequential amendments following amendments to the grace periods for renewal of registration by the Amending Act;
• make consequential amendments following introduction of provisions enabling the restoration of certain trade marks to the Register by the Amending Act;
• make consequential amendments following updates to the form in which required information can be communicated to the public, including removing references to the Official Journal of Trade Marks, by the Amending Act;
• allow discontinued requests under the Assisted Filing Service to be revived in certain circumstances; and
• update the classification of goods and services to reflect the most recent terms under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks, to which Australia is a party.

The Regulations also make minor technical amendments to the Patents Regulations 1991 (Cth) to remove spent transitional provisions.

These amendments have been updated in the Point-in-Time Intellectual Property Service current to 22 May 2024. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.