The Intellectual Property Laws Amendment (Raising The Bar) Bill 2011 (Cth) and its impact on the Trade Marks Act 1995 (Cth)

The draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Cth) is expected to be finalised shortly before it is introduced to the Parliament later this year. The Bill proposes to amend the Patents Act 1990, the Trade Marks Act 1995, the Copyright Act 1968, the Designs Act 2003 and the Plant Breeder’s Rights Act 1994. The main elements of the proposed reforms include raising the quality of granted patents and ensuring that the patent system does not restrict research, reducing delays in resolving patent and trade mark applications, and improving mechanisms for trade mark and copyright enforcement. This article will focus on the proposed changes to the Trade Marks Act 1995 (Cth), and discuss the likely impact the Bill will have on trade marks practice and procedure in Australia if the amendments are introduced.