Trade Marks Amendment (Tobacco Plain Packaging) Act 2011

No. 149, 2011

An Act to amend the Trade Marks Act 1995, and for related purposes

[Assented to 1 December 2011]

The Parliament of Australia enacts:

Short title

This Act may be cited as the Trade Marks Amendment (Tobacco Plain Packaging) Act 2011.

Schedule 1—Trade Marks Act 1995

Trade Marks Act 1995

1 At the end of subsection 231(2)

Add:

Note: Regulations can also be made in relation to the Tobacco Plain Packaging Act 2011 under section 231A.

2 At the end of Division 3 of Part 21

Add:

231A Regulations may make provision in relation to the Tobacco Plain Packaging Act 2011

(1) The regulations may make provision in relation to the effect of the operation of the Tobacco Plain Packaging Act 2011, and any regulations made under that Act, on:

(a) a provision of this Act; or

(b) a regulation made under this Act, including:

(i) a regulation that applies a provision of this Act; or

(ii) a regulation that applies a provision of this Act in modified form.

Note: Section 28 of the Tobacco Plain Packaging Act 2011 also sets out the effect of the operation of that Act on certain provisions of, and regulations made under, this Act.

(2) Without limiting subsection (1), regulations made for the purposes of that subsection may clarify or state the effect of the operation of the Tobacco Plain Packaging Act 2011, and any regulations made under that Act, on a provision of this Act or a regulation made under this Act, including by taking or deeming:

(a) something to have (or not to have) happened; or

(b) something to be (or not to be) the case; or

(c) something to have (or not to have) a particular effect.

(3) Regulations made for the purposes of subsection (1):

(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.

[Minister’s second reading speech made in— House of Representatives on 6 July 2011 Senate on 25 August 2011]

(130/11)

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    The new EU trade mark Regulation enters into force on March 23rd. As a result, the Office for Harmonization in the Internal Market (OHIM) will change its name to the European Intellectual Property Office (EUIPO).

    The amending Regulation also revises the fees payable to the Office, including an overall reduction in their amounts, particularly in the case of trade mark renewal fees. On 23.3. 2016, the Office’s online application forms and fee calculator will be automatically updated to reflect the new system.
    From its base in Alicante, Spain, OHIM has processed more than 1.3 million Community trade mark applications in 23 EU languages, from nearly every country and region in the world, since 1996.

    The Amending Regulation was published on 24 December 2015 and is part of the EU trade mark reform legislative package that also includes the replacement of the existing EU Trade Mark Directive (Directive 2008/95/EC of the European Parliament and the Council).

    OHIM is the EU’s largest decentralised agency. It is entirely self-financed, receiving no funding from the EU Budget. As well as managing the Community trade mark and the registered Community design (RCD), it works in collaboration with the EU national and regional IP offices to build a stronger IP system across the EU for the benefit of users.

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