‘Trademark for a reason’: Australia’s trademark system is working for the public good
Posted December 08, 2020 18:29:00 A new system designed to keep trademark owners happy and to help promote the country’s public interest in its products is working.
Key points:Trademarks can now be used in products made by Australians, but not in foreign countriesThe Australian Government wants to end the current “foreign” trademark regimeTrademARK: What it means to use a trademark in AustraliaThe system has been described as a “tipping point” that could see it become a model for other countries in the regionThe Government is now looking at whether to bring in a system similar to that used by other countries, but that has its critics, including academics, privacy advocates and the trademark industry.
The new system has already had some successes.
Earlier this year, it was announced that the Federal Government was planning to create a new system that would ensure that Australian trademark owners were happy to continue using the countrys trademark to sell products in their home countries.
Under the new system, Australian trademark holders would be able to register trademarks for goods made by the people who use the trademark, but would not be able do so for products made in foreign jurisdictions.
They could also register a trademark for a product made by foreign companies.
Under this new system a trademark holder would not have to give their name, but could still link their products to their own brand and have their name and contact details removed from their products.
The Government says the new trademark system will save consumers money and boost competition.
But in some areas, it is not working.
A report commissioned by the Federal Trade Commission found that in some cases, trademarks in Australia were being used in a way that was not consistent with the country they were registered for.
Key Points:The new trademark legislation will see Australian trademark and trade practices changed, but in some respects will be different from foreign regimesAustralia’s trademark regime was developed in a time of globalisation in the early 1990s, but it has now evolved to the point where many other countries have their own trademark laws.
“Trademancings are being used on products that are made by consumers in countries that have very different legal regimes, so that consumers are actually paying a lower price for goods from Australia,” Mr Abbott said.
“That is something we are not happy about.”
It’s important for us to have a system that works, and it’s not just about making things cheaper.”‘
Trademarcings are used on items that are produced in countries’In its report, the Competition Commission also said that Australian trademarks were being inappropriately used by foreign manufacturers in ways that were not consistent.”
Some of the most obvious examples of this are the use of trademarks on products sold in countries where trademark registrations are invalid, or on products manufactured overseas,” it said.”[Foreign] manufacturers often have the right to use trademarked products in Australia, but their use of trademarked trademarks is often in a manner that does not align with the Australian trademark regime.
“It also said the Government had not adequately explained how the trademark system would work.”
The Government has made clear it will not introduce a new trademark regime and will not make any changes to existing trademark laws,” it noted.”
But it will take steps to ensure that, when a foreign company uses a trademark to market a product, it does so in a fair and equitable manner.
“Mr Abbott said the government was determined to change the system, but the Government is working with the industry to understand what that means.”
We need to understand the issue.
But what I am going to say is we need to make sure that we get it right, and we need a fair system.””
I’m not going to tell you exactly what the outcome is going to be, because I’m not a legal expert.
But what I am going to say is we need to make sure that we get it right, and we need a fair system.”
The Opposition says the Government should adopt a system of national standards and standards in the area of trademark protection.
“I think it’s absolutely right that there is a common sense and sensible approach in this area, so the country can continue to prosper, and there can be a fair competition in the marketplace,” Senator John Madigan said.
Topics:tobacco,consumer-protection,government-and-politics,business-economics-and/or-finance,law-crime-and_justice,federal—state-issues,canberra-2600,act,australiaFirst posted December 07, 2020 16:51:17