EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Industry, Tourism and Resources
Trade Marks Amendment Act 2006
Subsection 2(1) of the Trade Marks Amendment Act 2006 (the Amendment Act) provides that Part 2 of Schedule 1 to the Amendment Act will commence on a day to be fixed by Proclamation. However, if any of the provisions of Part 2 of Schedule 1 do not commence within six months of the date the Amendment Act receives the Royal Assent, then those provisions commence on the first day after the end of that six month period. The Amendment Act received the Royal Assent on 23 October 2006.
The purpose of the Proclamation is to fix 27 March 2007 as the day on which Part 2 of Schedule 1 to the Amendment Act commences.
The Amendment Act makes changes to the Trade Marks Act 1995 to improve the trade marks system by strengthening trade mark rights and providing greater certainty to trade mark owners and the general public. The changes also reduce the regulatory and administrative burden on trade mark applicants and owners. These changes were a result of a review by IP Australia to ensure the Trade Marks Act continued to meet the needs of Australian business, including users of the trade marks system. All the provisions of the Amendment Act, other than Part 2 of Schedule 1, commenced on 23 October 2006.
Part 2 of Schedule 1 contains provisions that implement some of the changes outlined above. Unlike the provisions in the rest of the Amendment Act, most of the provisions in Part 2 require amendments to the Trade Marks Regulations 1995 (the Regulations) to provide the administrative and technical framework for the operation of these provisions. The commencement date provides time to make the required amendments to the Regulations and for stakeholders to conform with the more substantive changes contained in Part 2 of Schedule 1. The commencement date also coincides with the commencement date of Schedules 1, 2, 3 (Part 2), 4, 10 and 12 to the Intellectual Property Laws Amendment Act 2006.
Key stakeholders were advised of the intention to proclaim a date for the commencement of Part 2 of Schedule 1 which is a date earlier than the six month period after the Amendment Act received the Royal Assent (being 23 April 2007).
The following public consultations were undertaken in relation to matters contained in Part 2 of Schedule 1 to the Amendment Act:
a consultation paper was circulated to key stakeholders; and
the consultation paper was also published on IP Australia’s website inviting public comment.