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Intellectual Property Laws Amendment Bill 2006

Schedule 4 Availability of documents about trade marks

   

Trade Marks Act 1995

1  At the end of Division 1 of Part 21

Add:

217A   Prescribed documents relating to trade marks to be made available for public inspection

             (1)  The Registrar must make available for public inspection prescribed documents that relate to a trade mark while they are held in the Trade Marks Office at or after the time particulars of the application for registration of the trade mark are published under section 30.

             (2)  A document may be prescribed for the purposes of subsection (1) wholly or partly by reference to the fact that it does not contain information covered by a requirement under section 226A. This does not limit the ways in which documents may be prescribed for those purposes.

2  Application of section 217A

Section 217A of the Trade Marks Act 1995 applies in relation to applications, made on or after the commencement of that section, for registration of trade marks.

3  After section 226

Insert:

226A   Requirements for confidential treatment of information held in the Trade Marks Office

             (1)  In accordance with the regulations, the Registrar may:

                     (a)  require that specified information in a document that has been filed, or is to be filed, in relation to a trade mark be held in the Trade Marks Office confidentially; and

                     (b)  make such a requirement subject to specified conditions and/or limitations; and

                     (c)  vary or revoke such a requirement, condition or limitation.

             (2)  The regulations may provide for procedures to be followed in connection with the making, variation or revocation of a requirement under this section or of conditions or limitations on such a requirement.

             (3)  If a requirement is made in writing under this section, the requirement is not a legislative instrument.

4  Application of section 226A

Section 226A of the Trade Marks Act 1995 applies in relation to information in documents filed on or after the commencement of that section in relation to trade marks. It does not matter whether registration of the trade marks was applied for before, on or after that commencement.