Patents Amendment Regulations 2001 (No. 3) (Cth)

Patents Amendment Regulations 2001 (No. 3)1

Statutory Rules 2001 No. 3452

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Patents Act 1990.

Dated 20 December 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

Contents

• •
• •

1Name of Regulations

 These Regulations are the Patents Amendment Regulations 2001 (No. 3).

2Commencement

 These Regulations commence as follows:

• (a)

  on gazettal — regulations 1 to 3 and Schedule 1;

• (b)

  on 1 January 2002 — Schedule 2.

3Amendment of Patents Regulations 1991

 Schedules 1 and 2 amend the Patents Regulations 1991.

 

Schedule 1Amendments commencing on gazettal

(regulation 3)

  

[1]Paragraph 8.4 (2) (a)

omit

specified in paragraphs 4.3 (c), (d) and (e);

insert

mentioned in paragraphs 4.3 (1) (c), (d) and (e);

[2]Paragraph 8.4 (2) (c)

omit

referred to in regulation 4.3,

insert

mentioned in subregulation 4.3 (1),

[3]Subregulation 20.25 (4)

substitute

• (4)

  A former attorney, who has been given a notice under subregulation (3), must not refuse to comply with a requirement in the notice.

Penalty:   5 penalty units.

• (5)

  However, it is a defence to a prosecution for an offence against subregulation (4) if the former attorney has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

[4]Subregulation 20.27 (3)

substitute

• (3)

  A person must comply with a direction given to him or her under this regulation.

Penalty:   5 penalty units.

[5]Paragraph 20.29 (1) (a)

omit

produce any documents

insert

produce any documents or articles

[6]Paragraph 20.29 (1) (b)

substitute

• (b)

  summon the attorney to appear before the Tribunal:

  • (i)

    to produce any documents or articles mentioned in the summons; and

  • (ii)

    to give evidence to identify the documents or articles.

[7]Subregulations 20.30 (1) to (3)

substitute

• (1)

  A person summoned to appear before the Disciplinary Tribunal must comply with the summons by:

  • (a)

    appearing as required by the summons; and

  • (b)

    producing documents or articles as required by the summons; and

  • (c)

    appearing and reporting to the Tribunal from day to day.

Penalty:   10 penalty units.

• (1A)

  However, it is a defence to a prosecution for an offence against subregulation (1) if:

  • (a)

    the defendant has a reasonable excuse; or

  • (b)

    in relation to paragraph (1) (c) — the defendant is excused by the Tribunal.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (1A) (see section 13.3 of the Criminal Code).

• (2)

  A person commits an offence if:

  • (a)

    the person:

    • (i)

      is not a registered patent attorney to whom subregulation (3) applies; and

    • (ii)

      appears as a witness before the Disciplinary Tribunal; and

    • (iii)

      has been paid expenses and allowances; and

  • (b)

    the expenses and allowances have been determined by the Tribunal in accordance with Part 2 of Schedule 8; and

  • (c)

    the person refuses:

    • (i)

      to be sworn or make an affirmation; or

    • (ii)

      to answer a question relevant to the evidence that he or she was summoned to give.

Penalty:   10 penalty units.

• (2A)

  However, it is a defence to a prosecution for an offence against subregulation (2) if the person has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

• (2B)

  Strict liability applies to the physical element of an offence against subregulation (2) that is constituted by:

  • (a)

    the circumstance mentioned in subparagraph (2) (a) (i); and

  • (b)

    the circumstance mentioned in paragraph (2) (b).

Note Forstrict liability, see section 6.1 of the Criminal Code.

• (3)

  A person commits an offence if the person:

  • (a)

    is a registered patent attorney against whom proceedings have been instituted; and

  • (b)

    is summoned to appear at a hearing before the Disciplinary Tribunal in respect of those proceedings; and

  • (c)

    refuses:

    • (i)

      to be sworn or to make an affirmation; or

    • (ii)

      to answer a question relevant to the evidence that he or she was summoned to give.

Penalty:   10 penalty units.

• (3A)

  However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

[8]Subregulation 20.30 (4)

omit

or fail

 

Schedule 2Amendments commencing on 1 January 2002

(regulation 3)

[1]Subregulation 1.4 (2)

omit

1 March 2001

insert

1 January 2002

[2]Schedule 2A, Schedule of Fees, item 2 (a), column 2

omit

in excess of 6

insert

in excess of 5

[3]Schedule 7, Part 4, item 2 

substitute

2	Designation fee for designations made under Rule 4.9 (a) of the PCT in an international application: (i) if the application makes 5 or fewer such designations — 140 Swiss francs per designation; or (ii) if the application makes 6 or more such designations — 700 Swiss francs

Notes

1. These Regulations amend Statutory Rules 1991 No. 71, as amended by 1991 No. 456; 1992 No. 148; 1993 Nos. 113, 227, 340 and 341; 1994 Nos. 182, 317 and 387; 1995 Nos. 16, 20, 82 and 427; 1996 No. 271; 1997 Nos. 192 and 345; 1998 Nos. 45, 56, 141, 241, 257, 264, 291, 319, 342 and 345; 1999 Nos. 154, 184, 261 and 349; 2000 No. 317; 2001 Nos. 98 and 184.

2. Notified in the Commonwealth of Australia Gazette on 21 December 2001.