Change to requirements for certificates of verification for trade marks and designs applications

Issue summary

Currently applicants for IP rights who file first overseas in a foreign language must provide a translation of all foreign-language documents into English when applying for or prosecuting rights in Australia. Any filed translations must be accompanied by a certificate of verification providing that the translator undertakes that the document is a true and complete translation to the best of their knowledge, and is dated and signed.

This requirement to provide a certificate of verification places a burden on applicants that may not be necessary. The majority of translations are accurate and do not give rise to any issues. The requirement to file a certificate also prevents machine translation, which may be an appropriate option as technology improves.

Revocation of the requirement to file a certificate of translation may reduce the burden on applicants. The Registrar would still have the power to require a certificate if she reasonably doubts the veracity of the filed translation.

History

• On hold 4 September 2017

Comments

Issue to be considered in future. Other matters of higher priority will be considered first. See also item 22.

This issue was considered during IP Australia’s 2019-20 Fee Review, and it has been determined that this item would result in little benefit for IP Australia’s customers. Further, it is inconsistent with the Streamlining proposal (item 61 on the register). This item has been closed.