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Thursday, 25 August 2011
Page: 5644

IP Australia

(Question No. 891)

Senator Abetz asked the Minister for Innovation, Industry, Science and Research, upon notice, on 25 July 2011:

With reference to the answer to question on notice no. 676 (Senate Hansard, 4 July 2011, p. 3979):

(1) In relation to answer 7, could a copy of the letter written by Dr Kelly be provided?

(2) Who were the officers involved referred to in answer 4?

(3) Can a detailed description be provided of the material referred to in question 5?

(4) How long did the Director-Generals inquiry take?

Senator Carr: The answer to the honourable senator's question is as follows:

(1) Yes. (A copy of the letter has been provided to the Senate Tabling Office and can be provided on request.)

(2) Robyn Foster (General Manager of Trade Marks & Designs) and Michael Arblaster (Assistant General Manager Trade Marks Hearings & Oppositions).

(3) The material included two hearings decisions, responses to correspondence from Mr Wilkshire, Federal Court proceedings and a working document brief (please see attachment A for further detail).

(4) The Director-General told Mr Wilkshire by email that he would look into the matter on 1 September 2009. He wrote to Mr Wilkshire with the results of his inquiry on 8 September 2009.

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ATTACHMENT A

DETAILED DESCRIPTION OF THE MATERIAL REVIEWED

(1) Hearings Decisions

The following Decisions of a Delegate of the Registrar of Trade Marks with Reasons are publicly available on the Australasian Legal Information Institute (AustLII) website at www.austlii.edu.au.

Peter John Wilkshire v Bombala Council [2006] ATMO 19 (27 February 2006)

Bombala Council v Peter Wilkshire [2009] ATMO 33 (26 May 2009)

(2) Responses to correspondence from Mr Wilkshire

The responses to Mr Wilkshire that formed part of the review considerations dated from 2007.

(3) Appeals to the Federal Court

Mr Wilkshire had previously appealed the 2006 decision (Peter John Wilkshire v Bombala Council [2006] ATMO 19) to the Federal Court. In 2007, Bennett J dismissed this appeal.

At the time of the review, Mr Wilkshire had initiated further action in the court seeking cancellation of a trade mark owned by Bombala Council and naming the Registrar of Trade Marks as a respondent.

(4) Brief

The brief was a working document from 2009. It contained a history of the dispute between Mr Wilkshire and Bombala Council over the ownership of a trade mark containing the image of a platypus, information about the allegations made by Mr Wilkshire against IP Australia, and court action taken by Mr Wilkshire against the Registrar of Trade Marks.

All of this material referenced above has been made available to Mr Wilkshire under the provisions of the Freedom of Information Act 1982.