189ARegulations implementing the Madrid Protocol

#### 189A Regulations implementing the Madrid Protocol (1) The regulations may provide for such matters as are necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Madrid Protocol. (2) In particular (but without limiting subsection (1)), the regulations may deal with the following matters: (a) the procedure for dealing with applications for international registration of trade marks that are to be filed with the International Bureau through the intermediary of the Trade Marks Office; (b) the procedure for dealing with requests to extend to Australia the protection resulting from international registration of trade marks; (c) the protection given to protected international trade marks in Australia; (d) the circumstances in which such protection ceases and the procedures to be followed in cases of cessation; (e) the cancellation of an international registration at Australia’s request, as contemplated by Article 6 of the Madrid Protocol; (f) the effect of cancelling an international registration. (3) Regulations made for the purposes of this section: (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. (4) In this section: > International Bureau means the International Bureau of the World Intellectual Property Organization. > international registration of a trade mark means registration of the mark in the register of the International Bureau. > Madrid Protocol means the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks, as signed at Madrid on 28 June 1989. > Protected international trade mark means a trade mark to which protection resulting from international registration of the mark is extended in Australia in accordance with the regulations.