This is a good point that I hadn't contemplated before. There has been much made of the in force trade marks Madrid global filing scheme (mainly by shiva to be fair) which has been compared to ePCT in terms of its effect (again the comparison mainly by shiva and the impact as put by shiva as very damaging to Patent firms).
However, under the trade marks act anyone can file a trade mark application. There are no exclusive arrangements mandated by statute and you don't need to be registered. this is very different for patents. Only a patent attorney registered in Australia is permitted to do the things necessary on a patent application filed in the patent office to get the applicant enforceable rights.
I don't think IP Australia have the power to waive those rights, but I could be wrong there. Wouldn't it need parliament to change the act?!?!
TransTasman risks, page-25
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