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Australia

(WIPO code: AU)
(last revised March 2024)
by PHILLIPS ORMONDE FITZPATRICK

Area

7,741,220 sq. km.

Population

26,461,166 (2023).

Capital

Canberra.

Currency

Australian dollar (AUD); 1 dollar = 0.66 U.S. dollar (March 2024).

Language

English (official).

Imports

(2021 est.) AUD450.59 billion.

Exports

(2021 est.) AUD587.98 billion.

Major export goods and services

Iron ores and concentrates, coal, natural gas, education services, gold, personal travel services, beef, aluminium ores and concentrates, crude petroleum and copper ores and concentrates.

Australia is a large island continent with a climate ranging from tropical in the north to temperate in the south. The population, basically of European descent, is located largely on the eastern coast with the larger state capitals of Sydney and Melbourne, each having a population of around 5 million. Around 30% of Australia’s population was born overseas. With people from over 200 countries, Australia has a diverse mix of cultures. The population’s diversity provides a rich variety of indigenous and non-indigenous languages, religions, beliefs, traditions and activities.

Australia is a commonwealth of six sovereign states, New South Wales, Victoria, South Australia, Western Australia, Queensland and Tasmania. Under the Constitution, the states have passed onto the commonwealth certain wide powers, such as income taxation, defense, and international affairs and these powers include patents, copyright, designs and trademarks, so that a single patent, design or trademark covers all states of the Australian territories.

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Table of Contents

Patents of Invention

– Patents Act 1990, as amended.

Membership in International Conventions

– Paris Convention.
– Patent Cooperation Treaty (PCT).

Filing requirements
– A specification in English;
– Claims in English;
– Drawings in duplicate on white paper, being hot-pressed or calendered strong paper of good quality.

Remarks

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: patent issued after formal and substantive examination – valid for 20 years.
Annuities: continuation fees are payable annually before the anniversary of the complete application date, commencing with the fourth anniversary. On the granting of the patent renewal fees are payable annually. The annuities may not be paid more than one year in advance and the time for payment may be extended by not more than six months on payment of a fine calculated on a monthly basis; continuation fees are payable on applications for a patent of addition but renewal fees are not payable on the grant of a patent of addition.
Opposition: to a standard patent application before the Patent Office may be filed within three months of advertisement of acceptance.

 

Trade and Service Marks

– Trade Marks Act 1995, as amended.

Membership in International Conventions

– Paris Convention.
– Madrid Protocol.

Filing requirements
– At least 1 clear representation of the mark.

Remarks

Duration – renewals: ten years from the application date; renewable for further periods of 10 years.
Obligation to use the registered mark: use is not compulsory, however, a trademark not used for a continuous period of three years may be removed from the Register on application by a third party.
Opposition: may be filed within two months of advertisement of the acceptance of the application in the Official Journal. An extension for further time may be obtained, provided it is applied for within the first two-month period, and is only on the grounds of either an error or omission or due to circumstances beyond the control of the person.

 

Industrial Designs

Legal Basis

– Designs Act 2003, as amended.

Membership in International Conventions

– Paris Convention.

Filing requirements
– Facsimiles necessary to show the design;
– A certified copy of the basic registration.

Remarks

Duration: after formal examination: 5 years from the filing date; renewable for a further five years making a total of ten years from the filing date.
Opposition: may be filed within three months after publication of an application.

 

Domain Names

Filing

ccTLD: .au
Applicant: individuals and legal entities.
Local presence: required.

Remarks

Duration – renewals: two years, renewable.
Uniform dispute resolution procedure: available (variation of UDRP) before WIPO Arbitration and Mediation Center.

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