Controversial Federal MP Bob Katter wants to see legislation put in place that would protect Australia’s unofficial national anthem, ‘Waltizing Matilda’, from trademark registration. Katter is calling his proposed amendment the “John Williamson legislation”.
As Tone Deaf previously reported, Williamson, who is famous for his renditions of the iconic tune, recently said that he would rather go to jail than pay to use the national song, after a private company reportedly purchased the rights to ‘Waltzing Matilda’.
“I’m happy that Bob Katter is taking an amendment to Parliament to protect sacred Aussie iconic titles from being owned by smarties in the corporate world,” Williamson told the Courier Mail yesterday.
It was Williamson’s defiant stance that inspired Katter and Federal Independent Andrew Wilkie to table a Trade Marks Amendment (Iconic Symbols of National Identity) Bill 2015 in the House of Representatives on Monday.
The north Queensland MP said the amendment would mean a trademark must be rejected if it includes something of national significance, adding that the legislation would cover current and future trademark claims.
“We want to stop companies making money from our national symbols,” he told News Corp. The legislation would see a committee determining which icons should be protected by Katter and Wilkie’s proposed amendment.
Katter said the committee would operate in a similar style as the Council of the Order of Australia, determining what icon should be considered a national symbol and come under the protection of the proposed amendment.
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The MP said anyone who holds a trademark registration of a property which is later classified as a national icon under the legislation should not be compensated. “Let them sue away, it will go to the High Court and the government will win,” he said.
Speaking to News Corp, trademark lawyer Blake Knowles, of Cullens Patent and Trade Mark Attorneys, said the government does indeed have the power to add ‘Waltzing Matilda’ to a list of properties insulated from trademarking.
“I understand what Bob Katter is trying to do, but there is an easier way to do it,” he said. “There is already power in the Act for certain signs to be ‘prescribed’ (i.e. banned from registration). This simply requires a change to the regulations, which is much easier than amending the Act itself.”




