Terms & Conditions


General

1 - These Terms and Conditions (Terms) govern your use of IP Australia’s API. By accessing or using the API, you are taken to agree to the Terms. The Terms bind both you and IP Australia.

2 - Subject to your compliance with the Terms and the payment of any applicable fees, you may use the API and incorporate the API into your API Client for the purposes as provided for by this Agreement.

3 - The Terms may be amended by IP Australia at any time, on 7 days’ written notice to you. By accessing or using the API beyond this notice period, you will be taken to have agreed to the amended Terms. If you do not agree to the amended Terms, do not continue to use the API.

Process for obtaining access to IP Australia’s API

4 - To access the API, you must complete and return IP Australia’s application form. This form requires you to provide information concerning your identity, contact details and payment details. By submitting this application form you represent and warrant to IP Australia that you and your API Client(s) will comply with all relevant Terms, including the authorised use provisions of this Agreement (see clause 11).

5 - Upon receiving and reviewing your application form, IP Australia will determine (in its sole discretion) whether to refuse or grant you access to the API. IP Australia will notify you, upon completion of the review, if your registration is accepted or rejected but is not required to provide reasons for its decision.

Review of API Clients

6 - IP Australia expressly reserves the right to examine and review your API Client(s) at any point in time, including but not limited to where IP Australia reasonably believes that you are contravening any part of the Terms.

7 - You agree that, if requested by IP Australia, you will provide IP Australia with reasonable access to your API Client(s) and relevant documentation for evaluation purposes.

8 - Where IP Australia determines (in its sole discretion) that your API Client contravenes any part of the Terms, it may direct you to correct any identified concerns arising from the review of your API Client(s) and may (in its sole discretion) restrict or block your access to the API until its concerns have been resolved.

Conditions regarding access to IP Australia’s API

9 - You agree that you must only access the API in accordance with these Terms.

10 - IP Australia may suspend or terminate your access to the API or your API Client(s) without notice if it reasonably believes that you are in violation of the Terms.

11 - You must not, and you must ensure that your officers, employees, contractors, agents and end users do not, use the API or your API Client(s) for any activity which causes or may reasonably cause harm, damage or financial loss to IP Australia, its customers or any other third parties. Such activities (as determined in IP Australia’s sole discretion) include, but are not limited to:

  1. contravention of any applicable law, regulation, or third party rights (including without limitation, any third party intellectual property (IP) rights);

b. encouraging or promoting any illegal activity;

c. falsely implying association with or endorsement by IP Australia (except as otherwise permitted by clause 37) or another third party;

d. providing information that is abusive, deceptive, false or misleading or otherwise in breach of Australian consumer laws;

e. intentionally interfering with, damaging, impeding, disrupting or adversely impacting the API or IP Australia’s servers, systems or networks providing the API, or any of our data or confidential information (including any denial of service attacks, viruses, worms, defects, trojan horses, malware or any code of a destructive or disabling manner);

f. causing any harm or damage to, or tarnishing the reputation, of IP Australia, any other Australian Government agency or the Commonwealth of Australia;

g. causing the display or storage of any material that is reasonably considered to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable; or

h. causing the upload or transfer of any images, emails or messages of any sort that are considered to be unsolicited by any other third-party, including, but not limited to, any other customer of IP Australia.

Usage limiting (rate-limiting)

12 - IP Australia may (at its sole discretion) limit the frequency of API transactions (rate-limiting) your API Client(s) can make with the API.

13 - IP Australia will publish rate-limits on the API Portal.

14 - IP Australia may (at its sole discretion) add, change or remove rate-limits at any time by providing you with a formal notice.

15 - You must not attempt to circumvent rate-limits (including operating multiple API Clients’ by registering with different account names).

API Availability

16 - IP Australia intends to provide access to the API during normal business hours (9am-5pm AEST) on days where the Canberra office is open for business in accordance with official declaration of the Director-General of IP Australia.

17 - You acknowledge that IP Australia does not make any undertaking as to service availability or performance.

API Updates

18 - You acknowledge that IP Australia reserves the right to modify the API service to add, remove or change functionality, capabilities, interfaces or any other aspect at any time without prior notice.

19 - IP Australia will, where reasonable, make new versions of the API backwards compatible. Where backwards compatibility is not reasonable, IP Australia will support the superseded version(s) for up to 6 months.

No client software or any technical support

20 - IP Australia will not provide any client software or any technical support for the use of the API (apart from any provided in the API Documentation).

Fees

21 - IP Australia does not charge a fee for using its API. However, IP Australia may introduce a fee in the future. Any such fees will be governed by the Australian Government Charging Framework and published on the IP Australia website. Your continued use of the API shall constitute your acceptance of any modified Terms including any associated fees notified to you by IP Australia.

22 - IP Australia’s standard fees, (including any late fees, fees payable for international transactions, and any applicable discounts, for example for electronic lodgement) charges and penalties, as per the fee schedules below corresponding to the IP legislation, apply to lodgements and other transactions made by you through the API.

The relevant fee schedule listings are below:

  • Patent fee schedule: Schedule 7 of the Patent Regulations 1991;
  • Trade Mark fee schedule: Schedule 9 of the Trade Marks Regulations 1991;
  • Design fee schedule: Schedule 4 of the Design Regulations 2004; and
  • Plant Breeder’s Rights fee schedule: Plant Breeder’s Rights Regulations 1994.

23 - IP Australia requires you to provide a valid payment method for an account to be stored on file for the purposes of utilising the API for fees relating to each transaction. You agree to provide this information to IP Australia when applying and agree to maintain the validity of your account details and provide notice to IP Australia immediately of any changes.

24 - You authorise IP Australia to direct debit your account for all fees, charges and penalties as they occur.

25 - You agree to reimburse IP Australia for any charge-backs and associated fees that are incurred should your account details be incorrect, or insufficient funds are available in your account.

Lodgement with IP Australia

26 - Lodgement of any applications or payment of any fees with IP Australia via your API Client and through the API is only acknowledged and deemed to be a lodgement under:

  • Patents Act 1990 and Patents Regulation 1991;
  • Trade Marks At 1995 and the Trade Marks Regulation 1995;
  • Designs Act 2003 and the Designs Regulation 2004; and
  • Plant Breeder’s Rights Act and Plant Breeder’s Rights Regulation 1994,

if the API returns a message confirming lodgement to your API Client, it is accompanied by a lodgement or tracking number and you are able to provide a copy of this message upon request by IP Australia.

Notices

27 - Any notices issued under this Agreement will be delivered via email.

28 - You agree to:

  1. provide a valid email address for notices when applying under clause 4;

b. maintain the validity of that email address while you use the API; and

c. provide notice to IP Australia immediately of any changes.

29 - IP Australia will publish an email address for notices on the API Portal.

30 - Notices delivered by email to a party’s nominated email address are taken to have been received by that party, when sent (unless an error message is expressly returned).

Intellectual Property

31 - Subject to your compliance with these Terms and payment of any applicable fees, IP Australia grants you a revocable, non-exclusive licence to use the API to search for and manage IP rights administered by IP Australia.

32 - IP Australia does not acquire any ownership or title to your API Client(s), and by using the API, you do not acquire ownership of any rights in the API or the content that is accessed through the API.

33 -. You grant IP Australia a revocable, non-exclusive licence to use, reproduce, adapt and modify your API Client(s) in order to exercise IP Australia’s powers under clause 6 and 7.

34 - You agree and acknowledge that IP Australia, and any other third party developers engaged by IP Australia, may develop products or deliver services that are similar or identical in function to your API Client(s).

Logos and branding

35 - Except where expressly stated, these Terms do not grant either party any right, title, interest in or license to use to the other party's logos, branding, designs or trademarks.

36 - Neither party is a representative or agent of the other party. Each party agrees, except as provided under these Terms, not to represent, hold out or engage in any conduct that indicates that the other party is a representative or an agent of the other party.

37 - IP Australia may provide you with specific branding (including logo, trade marks or any other distinctive brand feature of the IP Australia logo) and a detailed guide indicating the approved means of using that IP Australia branding. You agree that you must not use the branding in any un-approved way.

38 - IP Australia may (at its sole discretion) provide notice changing the specific branding or guidance provided to you and may revoke approval to use IP Australia branding. You must comply with these changes within the time period advised by IP Australia in any such notice.

39 - You acknowledge that IP Australia may refer to you or your API Client(s) and grant to IP Australia a royalty-free, non-exclusive, worldwide, revocable, license to use your company logos or branding or markings or similar devices on your API Client for the limited purpose of promoting, marketing or demonstrating the IP Australia API or your API Client(s).

Your Costs

40 - You are solely and entirely responsible for all costs associated with your API Client(s) including but not limited to, development, operation, hosting and maintenance (including any legal costs associated with these actions).

41 - You agree that all costs associated with the performance of your obligations (including any expenditure you may additionally incur in responding to any request made by IP Australia) under these Terms are at your sole cost and expense and acknowledge and agree that IP Australia will not be responsible for any such costs or expenses, howsoever incurred.

API Client(s) Compliance with Relevant Laws

42 - You are solely and entirely responsible for ensuring that your API Client(s) comply with all relevant laws and regulations, including, but not limited to, those relating to privacy and security.

Security of your API Client(s)

43 - You are solely and entirely responsible for the security and integrity of your API Client(s) including ensuring that you protect personal information or (where relevant) protected information, you receive from unauthorised use, disclosure or access by third parties.

44 - You are responsible for maintaining the security of your credentials for utilising the API. You agree to:

  1. take care and ensure the security of your API credentials; and

b. not to disclose your API credentials to any person unless it is to an employee, agent, contractor or entity that is required to have access to your API Client(s) and where you are satisfied that there is sufficient access controls in place to prevent unauthorised access and the person is bound by confidentiality.

45 - You must notify IP Australia immediately if you are aware of any event which has compromised, or may have comprised, the security or integrity of the your API Client(s), the API or IP Australia’s servers, systems, networks, data, etc.

46 - You acknowledge that any compromise of your API Client(s) or API credentials does not change or reduce your obligations under this Agreement.

No Guarantees or Warranties

47 - IP Australia provides the API on an “as is” basis. To the extent permitted by law, IP Australia does not provide any guarantees or warranties (including statutory warranties) in relation to the API, including but not limited to, that the API will meet your specific requirements, your access to or use of the API will be uninterrupted or error-free, or that any identified errors in the API will be corrected.

Limitation of Liability

48 - To the extent permitted by law, IP Australia is not liable to you or any of your end users for any loss, damage, cost or expense suffered or incurred including, but not limited, to any loss of profits/revenue, loss of use, loss of goodwill or any compensation for interruption of your business or any other direct/indirect, special, incidental or consequential loss or damages of any kind, (including legal fees) whether arising directly or indirectly from:

  1. your use, attempted use, or operation of the API or the Documentation;

b. your access to the API, or compatibility issues; or

c. any unavailability of the service or performance of the API.

Indemnity

49 - You agree to indemnify IP Australia for any loss, damage, cost or expense (including any reasonable legal costs) incurred by IP Australia or any liability owed by IP Australia to a third party arising from or related to:

  1. any breach by you of the Terms;

b. any breach of any third party IP rights, including but not limited to copyright, patents, trade mark or trade secrets, irrespective of whether the breach is a result of actual publication by IP Australia or otherwise;

c. any breach of confidentiality, security or privacy;

d. the use by any person of the API with your credentials; or

e. any wilful, deliberate or unlawful acts or omissions by you (including any loss or damage resulting from the unauthorised lodgement of any application through your API Client).

50 - Any amounts payable under clause 49 shall be reduced proportionately to the extent that IP Australia caused or contributed to the relevant loss, damage, cost or expense.

Privacy

51 - Your personal information is protected by the Privacy Act 1988. Your personal information is collected for the purposes of:

Intellectual Property (IP) Rights legislation:

  • Patents Act 1990 and the Patents Regulations 1991;
  • Trade Marks Act 1995 and the Trade Marks Regulations 1995;
  • Designs Act 2003 and the Designs Regulations 2004; and
  • Plant Breeder's Rights Act 1994 and the Plant Breeder's Rights Regulations 1994

OR

Freedom of Information requests under the Freedom of Information Act 1982.

52 - If you do not provide your personal information IP Australia may not be able to process your service request.

53 - If you are completing the relevant form on behalf of another person or providing another person's personal information, you must ensure that you have obtained consent from that individual to disclose their personal information and that you have provided the person with this privacy notice, specifically to make the person aware of the information in paragraphs 51-63 , regarding the handling of their personal information.

54 - Any personal information you provide will be used to process the form and for any other purposes for which you have completed the form. IP Australia, or third party consultants acting on its behalf, may also contact you, using the contact details you have provided, to request your feedback on our products and services.

55 - Personal information collected may be used and disclosed for the purposes of oppositions proceedings, including to other relevant parties.

56 - IP Australia may disclose any personal information collected on forms to the World Intellectual Property Organization (WIPO) in Geneva, Switzerland and foreign government IP Rights bodies for the purposes of any international IP Rights agreements, treaties or conventions. Once personal information is provided to WIPO or a foreign government IP Rights body, IP Australia has no control over its subsequent use and disclosure.

57 - Any personal information you provide may be disclosed to a third party who has been approved by IP Australia to obtain such access. Details of the approval process can be found at: How to register

58 - IP Australia may publish any of the following information:

  • names;
  • addresses;
  • employment details (if applicable); and
  • details of the relevant IP Right

in the relevant Official Journal, Register, and IP Australia's online IP Rights databases contact details.

59 - IP Australia may also make the entire completed form available in a downloadable format on our online IP Rights databases. Once information is available on the internet, IP Australia has no control over its subsequent use and disclosure. You should be aware that the information (including personal information) held in IP Australia's online IP Rights databases are also available on request, subject to our terms and conditions.

60 - IP Australia's Privacy Policy contains information about:

  • how you may seek access to and correction of the personal information we hold;
  • how you may make a complaint about a breach of the Privacy Act and how we will deal with your complaint; and
    • IP Australia's Privacy Officer details.

61 - IP Australia will disclose your credit card payment information:

  • cardholder name;
  • credit card number;
  • expiry; and
  • verification code

to our financial payment provider (either Commonwealth Bank, National Australia Bank or EWay) for the purposes of processing your payment.

62 - You agree that IP Australia may store or process information received by the API on third party platforms (cloud computing), in accordance with IP Australia’s Privacy Policy.

63 - You also agree that IP Australia may collect information about your use of the API. You agree to IP Australia collecting, using and disclosing this information, and any other information you provide to us, for the purposes of evaluation, monitoring, security, auditing, record-keeping, providing enhancements to the API.

Confidentiality

64 - You acknowledge that the API and Documentation provided to you in accordance with these Terms is Confidential Information.

65 - You agree to protect IP Australia’s Confidential Information and to use it only for the purposes contemplated by these Terms (or agreed separately in writing by IP Australia) and not disclose it to any third party without first obtaining IP Australia’s written consent.

66 - IP Australia agrees to protect your Confidential Information and to use it only for the purposes contemplated by these Terms (or agreed separately in writing with you) and not disclose it to any third party without first obtaining your consent. However, you agree that IP Australia may disclose your confidential information:

  1. to its internal management personnel, solely to enable effective management or auditing of activities related to this Agreement;

b. to the responsible Commonwealth Minister;

c. in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia; or

d. to the Auditor General, the Australian Information Commissioner or the Commonwealth Ombudsman; or

e. as required to be disclosed by law, including under Court orders.

Each party agrees that if it is subject to a legal requirement to produce Confidential Information of the other party, the disclosing party will notify the other party as soon as possible of its receipt of the request and provide the other party with any details required to assist it with making any legal opposition or objections to the request, prior to that party disclosing the Confidential Information.

Termination of this Agreement

67 - You may stop using the API at any time with or without notice. If you wish to terminate this Agreement, you must provide IP Australia with written notice to the address referred to in clause 28.

68 - IP Australia reserves the right to terminate this Agreement with you for any reason and at any time without liability or other obligation to you. Upon termination of the Terms, you must immediately cease all use of the API and remove all IP Australia branding from your API Client(s). This right does not affect any accrued rights that IP Australia may have against you at the time of termination.

69 - As per clause 10 of this Agreement, IP Australia may terminate or suspend access to the APIs by you or your API Client(s) without notice if we reasonably believe that you are in violation of the Terms.

70 - Upon termination of this Agreement, those Terms that by their nature are intended to continue, will continue to apply, including but not limited to, the following clauses:

  1. 46 (Warranties);

b. 47 (Limitation of Liability);

c. 48 (Indemnity);

d. 21 (Fees); and

e. 9 – 11 (Confidentiality).

Governing law and jurisdiction

71 - The Terms are governed by the law of the Australian Capital Territory and both you and IP Australia irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and tribunals of the Australian Capital Territory.

Definitions

72 - Under this Agreement the following words have their corresponding meanings, unless the context suggests otherwise:

Agreement means this agreement between IP Australia and You.

API means IP Australia’s Application Programming Interface.

API Client means software developed by you for use with the API.

API Credential means the username/passphrase, API Key, security certificate or other technology used to authenticate your API Client’s access to the IP Australia API.

API Documentation means IP Australia’s documentation for describing, producing, consuming, and visualizing the API.

API Portal means a website on which IP Australia publishes API Documentation, forms and other information as required to gain access to the API and other information relate to the API.

Confidential Information means any information which one party discloses to another party in connection with these Terms that:

  1. is designated by the disclosing party, or notified in writing as confidential; or

b. the receiving party knows or ought reasonably know is confidential,

but does not include:

i. any information that is or becomes part of the public domain otherwise than as a consequence of a breach by you of these Terms; or

ii. any information that is independently developed by you or IP Australia; or

iii. any information that is obtained by you from a source other than IP Australia and any information that is obtained by IP Australia from a source other than you which source is entitled to disclose it to you or IP Australia.

Documentation means all API specifications, Software Development Kits, sample code and other similar material provided by IP Australia regarding the IP Australia API.

IP Australia means the Commonwealth of Australia (as represented by IP Australia).

Terms means the terms of this Agreement.

You means you, being a person who has applied to have their API Client(s) access IP Australia’s API and includes any of your officers, employees, personnel, agents or subcontractors (as applicable).