National Security (Industrial Property) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 93.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939–1943.

Dated this twenty second day of June, 1944.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (Industrial Property) Regulations.

After regulation 7 of the National Security (Industrial Property) Regulations, the following regulation is inserted:—

Declaration may be sought as to use of invention or design.

“7a.—A patentee who considers that a patented invention has been made, used, exercised or vended, or the registered proprietor of a design who considers that a design has been applied, in pursuance of the authority conferred by sub-regulation (1.) of the last preceding regulation, may apply to the High Court for a declaration accordingly and the High Court shall have jurisdiction to hear and determine the matter.

“(2.) In any proceeding under the last preceding sub-regulation—

(a) the Commonwealth shall be the defendant; and

(b) the Commonwealth may, by way of counterclaim in the proceeding, apply for the revocation of the patent, or the rectification of the Register of Designs, as the case may be, and the provisions of the Patents Act 1903–1935 with respect to the revocation of patents, or of the Designs Act 1906–1934 with respect to the rectification of the Register of Designs, as the case may be, shall, mutatis mutandis, apply in relation to the counterclaim.”.

 

* Notified in the Commonwealth Gazette on , 1944.

 Statutory Rules 1943, No. 7.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

3129.—Price 3d. 9/15.5.1944