Normally, TM disputes in Australia are tried by single adjudicators. When it comes to TM infringement cases, they’re usually handled by federal or supreme courts in each state. However, the majority of TM cases are handled by federal courts.
Australia: TM Dispute Settlement
Resolving a TM infringement dispute in Australia rarely ends up in a ruling being handed down. Rulings are only handed down at the discretion of adjudicators or at the request of parties. Usually, evidence is provided in the form of sworn affidavits. Aside from giving affidavits, witnesses may be invited to give oral testimony during the trial; however, that's only limited to cross-examinations or reopening of disputes.
Normally, final decisions are delivered within 12-18 months of TM dispute settlement in the Confederation of Australia. Infringement cases in district courts are heard & a verdict is handed down within 90 to 180 days after an order is issued.
Settling IP Disputes in Australia
Owners of registered TMs can request that the ACBPS seize goods suspected of violating their IP rights. Once the goods are seized, their owners & owners of registered TMs will be informed of this.
The former don’t have much time to file a claim for the release of the goods. If a claim like this is filed, owners of registered TMs must file an infringement claim for the return of the goods to their owners. If no claim is filed, the seized goods are returned. If no claim is filed for the release of the goods, they will be confiscated & destroyed.
TM owners may be required to cover costs associated with the seizure of counterfeit goods. The amount of compensation is defined by the ACBPS’s Director.
The statute of limitations is 72 months after a violation is committed. In the northern part of the country, it’s 36 months. Each violation is dealt with as a separate case.
Settling a TM Dispute In Australia: ADR
Resolving a TM dispute in Australia is normally done through mediation or arbitration. Being a quick & effective way of resolving TM disputes in Australia, mediation can take place at any stage of the hearing & in relation to all or some of the issues in dispute.
Because the power to make a final decision ultimately rests with parties, and not mediators, mediation provides parties with an opportunity to exercise more control over the entire process.
However, the effectiveness of the process depends on their willingness to make concessions.
Unlike mediation, arbitration is less commonly used in Australian TM disputes. Because Australian arbitrators are vested in powers similar to those of adjudicators, parties are guaranteed to get the result they hope for.
Seeking to resolve a dispute in the Confederation of Australia? Need advice on ADR regulation in the Confederation of Australia? Why not contact IQ Decision UK?