This bill became law on Nov 17th, 2023.
Industry, agriculture & resources
Only the Australian Olympic CommitteeThe national Olympic body that this bill lets register Olympic insignia as trade marks in Australia. and the International Olympic CommitteeThe global Olympic body that this bill lets register Olympic insignia as trade marks in Australia. can register Olympic symbols and related Olympic images as trade marks in Australia, making it easier to block other applicants.
Brisbane’s selection to host the 2032 Olympics exposed loopholes around Olympic trade marks, while a 2021 regulator review found delays, inconsistencies and gaps across IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. administration. The bill closes those loopholes and fixes trade mark and patent processes so decisions, renewals and notices work more fairly and flexibly.
Australia’s intellectual property system already protected trade marks and Olympic insignia, but a 2021 regulator performance reviewThe 2021 government review that found outdated IP administration rules and prompted several technical fixes in this bill. found outdated administrative rules and, as Brisbane prepared for the 2032 Olympics, the government said a loophole still left Olympic insignia open to trade mark applications by others. The bill responded by tightening Olympic trade mark eligibility and fixing renewal, oppositionA process where another party objects to a trade mark application or registration before it is final., restoration and publication processes across IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. administration, then became law in November 2023 so those changes could be put into effect.
The bill drew little direct criticism, with the only visible reservation being that its Olympic trade mark changes should not be read as endorsing the broader planning and governance of the Brisbane 2032 Games. That caution came from Greens speakers while they still supported the bill, and no party represented in the debate opposed the bill itself.
Hon Ed Husic MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 17 Nov 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
148 days
From introduction to the latest recorded parliamentary step
Meaning
Only the Australian Olympic CommitteeThe national Olympic body that this bill lets register Olympic insignia as trade marks in Australia. and the International Olympic CommitteeThe global Olympic body that this bill lets register Olympic insignia as trade marks in Australia. can register Olympic symbols and related Olympic images as trade marks in Australia, making it easier to block other applicants.
Trade mark owners now get the same 6-month late-payment period to renew a registration, including in rare cases where registration was delayed for more than 10 years.
A trade mark registration can now be revoked if IP AustraliaThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. overlooked any step in an oppositionA process where another party objects to a trade mark application or registration before it is final., not just the whole oppositionA process where another party objects to a trade mark application or registration before it is final., which gives opponents a fairer chance to be heard.
A removed trade mark can be restored when the owner later gets extra time for a required step in a non-use dispute and completes that step within the extended deadline.
Trade mark decisions and other public notices no longer have to appear in the old Official Journal and can instead be published under regulations, including through modern online services.
This Part clarifies that only the Australian Olympic Committee (AOC) and International Olympic Committee (IOC) are permitted to register Olympic insignia as trade marks in Australia. The amendments will also provide clearer authority for the government to reject trade mark applications not applied for by the AOC or IOC.Intellectual Property Laws Amendment (Regulator Performance) explanatory memorandum
The amendments will align grace periods for payment of a fee for renewal of a trade mark registration to a consistent 6-month duration, whether registration of a trade mark application is delayed or not.Intellectual Property Laws Amendment (Regulator Performance) explanatory memorandum
This Part therefore amends section 84B so that failing to take into account any component of a notice of opposition (or an application to extend time to file such a component) will trigger a revocation of registration.Intellectual Property Laws Amendment (Regulator Performance) explanatory memorandum
58. This amendment will require restoration of a trade mark if an EOT is granted to take a prescribed step in an opposition to a non-use removal, and the step is taken within the extended period.Intellectual Property Laws Amendment (Regulator Performance) explanatory memorandum
This Part will remove all references to the Official Journal of Trade Marks in the Trade Marks Act. It will replace terms related to the Official Journal such as ‘advertise’ and ‘advertising’ with format-neutral terminology.Intellectual Property Laws Amendment (Regulator Performance) explanatory memorandum
Context
Australia’s intellectual property system already protected trade marks and Olympic insignia, but a 2021 regulator performance reviewThe 2021 government review that found outdated IP administration rules and prompted several technical fixes in this bill. found outdated administrative rules and, as Brisbane prepared for the 2032 Olympics, the government said a loophole still left Olympic insignia open to trade mark applications by others. The bill responded by tightening Olympic trade mark eligibility and fixing renewal, oppositionA process where another party objects to a trade mark application or registration before it is final., restoration and publication processes across IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. administration, then became law in November 2023 so those changes could be put into effect.
Regulator performance reviewThe 2021 government review that found outdated IP administration rules and prompted several technical fixes in this bill. identifies outdated IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. administration rules
Parliament later said the bill carried technical improvements identified by the 2021 whole-of-government review of regulator performance to remove outdated provisions and reduce unnecessary regulatory burden.
Hansard ↗Government says Brisbane 2032 exposed an Olympic insignia trade mark loophole
When introducing the bill, the explanatory memorandum said Australia’s selection to host the 2032 Brisbane Olympic Games made it necessary to close a loophole so only the AOCThe national Olympic body that this bill lets register Olympic insignia as trade marks in Australia. and IOCThe global Olympic body that this bill lets register Olympic insignia as trade marks in Australia. could register Olympic insignia as trade marks.
Australian Parliament House ↗Bill introduced to modernise IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. processes and close the loophole
The government introduced the bill as a package of changes to make the IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. system more modern and fit for purpose while also fixing the Olympic insignia problem.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, completing the parliamentary approval needed for the IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. administration changes and Olympic trade mark restriction to become law.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. turns the bill into law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. enacted the changes, allowing the revised trade mark and other IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. procedures set out in the bill to operate under the new Act.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The bill drew little direct criticism, with the only visible reservation being that its Olympic trade mark changes should not be read as endorsing the broader planning and governance of the Brisbane 2032 Games. That caution came from Greens speakers while they still supported the bill, and no party represented in the debate opposed the bill itself.
No significant public case against the bill is recorded so far.
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Husic supports the bill, saying it updates and streamlines Australia’s IPThe government agency that administers most of Australia’s trade mark and patent system and runs the relevant registers and searches. system, improves legal certainty for businesses, and strengthens protection of Olympic insignia ahead of Brisbane 2032.
Read in Hansard ↗Ley says the coalition will support the bill because it makes positive technical and regulatory improvements to intellectual property law, especially by modernising trade marks rules and cleaning up outdated provisions.
Read in Hansard ↗Graham Perrett supports the bill and commends it to the House.
Read in Hansard ↗Dean Smith says the coalition will support the bill because it updates intellectual property regulation, removes outdated administrative burdens and keeps the framework fit for purpose.
Read in Hansard ↗All speeches by bloc
3 speakers · 3 support
“Lastly, when it comes to the Patents Act 1990, the changes are repealing some transitional and savings provisions in that act that basically haven't been operating since February last year. As I said, they are machinery in nature. The regulatory certainty delivered by the changes contained within this bill are needed now as an important component of a successful Olympic and Paralympic Games in 2032. I'm proud to be Prime Minister Albanese's representative on the Brisbane Organising Committee for the 2032 Olympic and Paralympic Games, along with Minister Anika Wells. These games will deliver positive change in south-east Queensland and throughout the state and, in terms of tourism and other connections, in the rest of Australia. There will be legacy projects and concepts that will shape us well into the future beyond 2032 and show how wonderful Queensland is. I commend this bill to the House.”Read the full speech in Hansard ↗
“I am pleased to introduce this bill, which will provide legal certainty ahead of the 2032 Olympics, as well as ensure our IP system is fit for purpose in supporting Australian business to innovate and grow.”Read the full speech in Hansard ↗
“The bill also removes unnecessary regulatory burdens for IP rights holders. It allows government to better engage with business and support compliance in a flexible way, by streamlining and modernising how trademark information is provided to the public. The amendments will reduce red tape, increase procedural fairness and give applicants more certainty when seeking intellectual property protection. Intellectual property contributes greatly to the Australian economy. I'm proud to help Australian businesses benefit from great ideas by supporting a modern and accessible intellectual property system which encourages trade, investment, innovation and creativity. I commend the bill to the Senate.”Read the full speech in Hansard ↗
2 speakers · 2 support
“The coalition will be supporting this bill, as it has a positive regulatory impact and gives effect to technical improvements identified in the 2021 whole-of-government review of regulator performance initiated by the former coalition government.”Read the full speech in Hansard ↗
“I rise to share with the chamber that the coalition, having supported the Intellectual Property Laws Amendment (Regulator Performance) Bill 2023 in the House of Representatives, will be supporting the bill in this place. On this side of the Senate, we know that regulation must continue to serve that which it seeks to regulate and remain fit for purpose.”Read the full speech in Hansard ↗
2 speakers · 2 support
“While the Greens are supporting this bill to clarify the use of the Olympics logo, we're not endorsing the way the state and federal governments are going about the 2032 Brisbane Olympics to date. Devastatingly, it looks like the usual story—the frankly venal and ultimately economically shortsighted prioritisation of the big end of town over the needs of the community. This massive expenditure could truly catalyse a transformative vision for the sustainable subtropical city, yet what we have here is a missed golden opportunity.”Read the full speech in Hansard ↗
“The bill clarifies that only the Australian Olympic Committee or the International Olympic Committee can register such a trademark, providing important consumer protection. The Greens' support of this particular bill, however, shouldn't be considered support or endorsement of where the IOC, the AOC and the federal, state and local governments are actually heading with the Brisbane 2032 Olympics. Hosting the Olympics in 2032 should be something that Brisbane and South-East Queensland residents can get really excited about. If well-planned, the Olympus could leave us with an incredible legacy.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
