IP Australia is the authority in Australia to administer intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder’s rights in Australia. IP Australia receives and processes patent, trade mark, designs and plant breeder’s rights applications, conducts hearings and decides on disputed matters relating to granting or refusing Australian IP rights.
Intellectual Property Logium provides following services for the protection of IP rights in Australia:
An Australian trade mark provides protection only within Australia. For overseas protection of the trademark an Australian trademark owners can seek trademark protection by applying in each country in which he wants to protect his trademark or he can file a Madrid international application through IP Australia designating the Madrid Protocol countries in which protection is required.
An Australian patent provides protection only within Australia. To obtain similar protection in other countries the inventor or applicant may adopt one of the following ways:
He may file separate patent applications in each country in which he wants to protect his patent.
File a single international application under the Patent Cooperation Treaty (PCT) which is administered by the World Intellectual Property Organization (WIPO).
Design registration may be obtained in other countries. To use the Australian priority date the applicant must apply in other countries within six months of filing his application in Australia.
If you want to register a new plant variety overseas or import a variety from overseas and register it in Australia then you have to apply for PBR in each foreign country in the same way as in Australia because
there is no international system for filing Plant Breeder’s Rights (PBR)