The Australian Government introduced to Parliament the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011  on 22 June 2011. The aim of the Bill is to improve the Australian IP system. The key reforms include:

• Changes to Customs notice procedures, including:

 to allow Customs to release the name and the exporter and consignor of the seized goods to the objector at the time of seizure; and

 to ensure seized goods are automatically forfeited to Customs if an importer fails to make a claim for the release of the goods, including its name and address for service.

• Changes to the trade mark opposition procedure, including:

the requirement that an opponent must file a statement of particulars of the grounds on which it intends to oppose an application; and

 the requirement that an applicant must give notice of its intention to defend an opposition, failing which the application will be treated as withdrawn or abandoned.

• Changes to the trade mark offences regime, including:

 to increase the penalties for indictable offences to five years imprisonment and/or 550 penalty units; and

 to introduce summary trade mark offences which require negligence rather than knowledge or recklessness.

• Additional damages for flagrant trade mark infringement in civil cases.

• The expansion of the Federal Magistrates Court\'s jurisdiction to decide trade mark and registered design matters.

If you would like further information, please see the Explanatory Memorandum

The main sections of the Act will commence 12 months after it receives Royal Assent, so these changes are likely to commence in mid to late 2012.