Designs Regulations (Amendment) (Cth)
__________________
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council and under section 4 of the
Dated 9 June 1994.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
C. SCHACHT
Minister for Small Business, Customs and Construction
____________
1.1 These Regulations commence on 29 June 1994.
2.1 The Designs Regulations are amended as set out in these Regulations.
3.1 Add at the end:
For the purposes of paragraph 37 (1B) (a) of the Act, the prescribed manner of request for an amendment or alteration under subsection 37 (1A) of the Act is to lodge the request, in accordance with Form 6, at the Designs Office.
For the purposes of subsection 37 (1A) of the Act, the Registrar may require the owner of a registered design, who makes a request under paragraph 37 (1B) (a) of the Act, to lodge:
(a) a statement in writing of the reasons for the request being made; and
(b) any evidence in support of the request.
A statement and any evidence in support of the request must be lodged within 1 month of lodging the request or, if the Registrar allows a longer time, that time.
If a proposed amendment or alteration of an
entry in the register would materially alter the meaning or scope of the entry,
the Registrar must publish in the
If a notice is published, a person may apply to the Registrar for a hearing in relation to the proposed amendment or alteration by lodging an application in writing with the Registrar not later than 1 month after the date of publication of the notice.
The procedure of a hearing under subregulation (6) is to be determined in accordance with regulation 44.
If the Registrar publishes a notice of the request to amend or alter an entry in the register, the Registrar must:
(a) if an application is lodged under subregulation (6) within the time for lodging an application, amend or alter the entry in accordance with any decision of the Registrar or the Administrative Appeals Tribunal in respect of the hearing under subregulation (6); or
(b) in any other case—amend or alter the entry in accordance with the request.
If the Registrar intends to amend or alter an entry in the register under paragraph 37 (1B) (b) of the Act, the Registrar may give notice of that intention to a person whose name is entered in the register as having an interest in the relevant design.”.
4.1 Before regulation 50, insert in Part VI:
(1) In relation to the powers of the Registrar under the Act, other than the powers under paragraphs 42A (a) and (c) of the Act, a person referred to in Part 1 of Schedule 2B, being a person holding or performing the duties of an Australian Public Service Office in the Designs Office, is a prescribed person for the purposes of paragraph 8A (1) (a) of the Act.
In relation to the powers of the Registrar
under the
5.1 Omit “in the register or”.
6.1 Subregulation (2):
After “under”, insert “paragraph 21 (8) (a) or”.
7.1 Form 6:
Omit the form, substitute:
Regulation 21
COMMONWEALTH OF AUSTRALIA
DESIGNS REGULATIONS
REQUEST FOR AMENDMENT OR ALTERATION OF THE REGISTER OF DESIGNS
TO THE REGISTRAR OF DESIGNS:
1. *I/*we,
of
the
*owner/*owners of registered design No. ,
request, under
*subsection 37 (1)/*paragraph 37 (1B) (a) of the
*correcting an error in the *name/*address of the owner
*altering or amending the *name/*address of the owner who has changed his or her *name/*address
*correcting a clerical error or obvious mistake.
*2. *My/*our reasons for this request are:
*3. *My/*our correct *name(s)/*address(es) *is/*are:
*4. *My/*our former *name(s)/*address(es) *was/*were:
*5. The clerical error or obvious mistake in the register is the reference to:
the correct reference is:
6. *I/*we enclose with this request the certificate of registration.
*I/*we enclose with this request a declaration accounting for that *loss/*destruction.
7. *I/*we enclose the following documents in support of this request:
8. *My/*our address for service is:
Dated 19
(Signature(s))
*
______”.
8.1 Item 12:
After “subsection 37 (1)” (twice occurring), insert “or paragraph 37 (1B) (a)”.
9.1 After “Bolivia”, insert “Bosnia and Herzegovina”.
9.2 After “Egypt”, insert “El Salvador”.
9.3 After “Gambia”, insert “Georgia”.
9.4 After “Holy See”, insert “Honduras”.
9.5 After “Korea, Republic of”, insert “Kyrgyzstan”.
9.6 After “Liechtenstein”, insert “Lithuania”.
9.7 After “Norway”, insert “Paraguay”.
9.8 After “Syrian Arab Republic”, insert:
“Taiwan
“Tajikistan
“The former Yugoslav Republic of Macedonia”.
10.1 After Schedule 2A, insert:
PRESCRIBED PERSONS—PARAGRAPH 8A (1) (a)
OF THE ACT
PART 1
DELEGATION OF POWERS UNDER THE ACT
A person holding or performing the duties of a Senior Professional Officer, Grade B, in the Designs Office
A person holding or performing the duties of an Administrative Service Officer, Class 6—Supervising Examiner of Designs, in the Designs Office
A person holding or performing the duties of an Administrative Service Officer, Class 6—Manager, Designs Operations, in the Designs Office
A person holding or performing the duties of an Administrative Service Officer, Class 4—Examiner of Designs, in the Designs Office
A person holding or performing the duties of an Administrative Service Officer, Class 4—Senior Clerk, Designs, in the Designs Office
PART 2
DELEGATION OF POWERS UNDER THE
A person holding or performing the duties of an Administrative Service Officer, Class 6—Supervising Examiner of Designs, in the Designs Office
A person holding or performing the duties of an Administrative Service Officer, Class 6—Manager, Designs Operations, in the Designs Office
____________________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 16 June 1994.2. Statutory Rules 1982 No. 72 as amended by 1984 No. 256; 1986 No. 263; 1988 No. 103; 1989 Nos. 95 and 313; 1990 Nos. 29, 239 and 240; 1991 Nos. 65 and 455; 1992 Nos. 149, 445 and 452; 1993 Nos. 114 and 342.
0
0
0