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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Trade Marks
Amendment (Madrid Protocol) Bill 2000
No.
, 2000
(Industry, Science and
Resources)
A Bill for an Act to amend the
Trade Marks Act 1995, and for related purposes
ISBN: 0642 439079
Contents
Trade Marks Act
1995 3
A Bill for an Act to amend the Trade Marks Act
1995, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Trade Marks Amendment (Madrid Protocol)
Act 2000.
(1) Subject to subsection (2), this Act commences on a day to be
fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the
period of 12 months beginning on the day on which it receives the Royal Assent,
it commences on the first day after the end of that period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 6 (at the end of the definition
of registered trade mark)
Add:
Note: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
2 At the end of subsection
20(1)
Add:
Note 3: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
3 At the end of subsection
44(1)
Add:
Note 4: The regulations may provide that an application must
also be rejected if the trade mark is substantially identical with, or
deceptively similar to, a protected international trade mark or a trade mark for
which there is a request to extend international registration to Australia: see
Part 17A.
4 At the end of subsection
44(2)
Add:
Note 4: The regulations may provide that an application must
also be rejected if the trade mark is substantially identical with, or
deceptively similar to, a protected international trade mark or a trade mark for
which there is a request to extend international registration to Australia: see
Part 17A.
5 At the end of subsection
120(1)
Add:
Note 3: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
6 At the end of subsection
120(2)
Add:
Note 3: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
7 At the end of subsection
120(3)
Add:
Note 4: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
8 At the end of subsection
121(1)
Add:
Note 4: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
9 At the end of
section 131
Add:
Note: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
10 At the end of subsection
145(1)
Add:
Note 3: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
11 At the end of subsection
146(1)
Add:
Note 3: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
12 At the end of
section 148
Add:
Note 4: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
13 At the end of subsection
151(4)
Add:
Note 3: In addition, the regulations may provide for the
effect of a protected international trade mark: see
Part 17A.
14 After Part 17
Insert:
(1) The regulations may provide for such matters as are necessary to
enable the performance of the obligations of Australia, or to obtain for
Australia any advantage or benefit, under the Madrid Protocol.
(2) In particular (but without limiting subsection (1)), the
regulations may deal with the following matters:
(a) the procedure for dealing with applications for international
registration of trade marks that are to be filed with the International Bureau
through the intermediary of the Trade Marks Office;
(b) the procedure for dealing with requests to extend to Australia the
protection resulting from international registration of trade marks;
(c) the protection given to protected international trade marks in
Australia;
(d) the circumstances in which such protection ceases and the procedures
to be followed in cases of cessation;
(e) the cancellation of an international registration at Australia’s
request, as contemplated by Article 6 of the Madrid Protocol;
(f) the effect of cancelling an international registration.
(3) Regulations made for the purposes of this section:
(a) may be inconsistent with this Act; and
(b) prevail over this Act (including any other regulations or other
instruments made under this Act), to the extent of any inconsistency.
(4) In this section:
International Bureau means the International Bureau of the
World Intellectual Property
Organization.
international registration of a
trade mark means registration of the mark in the register of the
International Bureau.
Madrid Protocol means the Protocol Relating to the Madrid
Agreement concerning the International Registration of Marks, as signed at
Madrid on 28 June 1989.
protected international trade mark means a trade mark to
which protection resulting from international registration of the mark is
extended in Australia in accordance with the regulations.