Patents Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 387 1

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Patents Regulations 2(Amendment)

I, The 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 18 November 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

C. SCHACHT

Minister for Small Business, Customs and Construction

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1.   Commencement

1.1   Regulations 9 and 10 commence on 30 May 1995.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Patents Regulations are amended as set out in these Regulations.

3.   Regulation 20.1 (Interpretation)

3.1   Insert the following definitions:

“ ‘AIPO’ means the division of the Department that is known as the Australian Industrial Property Organisation;

‘Chairperson’ means Chairperson of the Board;”.

3.2   Definition of “member”:

Omit “Commissioner;”, substitute “Chairperson;”.

4.   Regulation 20.32 (Establishment of Board)

4.1   Subregulation 20.32 (2) (a):

Omit the paragraph, substitute:

• “(a)

  the Chairperson; and”.

4.2   Subregulation 20.32 (3):

Omit the subregulation, substitute:

“(3)

The Minister may appoint in writing as the Chairperson a person who holds, or performs the duties of, a Senior Executive Service office in AIPO .

“(4)

The instrument of appointment must be published in the Official Journal.”.

5.   Regulation 20.37 (Meetings of the Board)

5.1   Subregulation 20.37 (2):

Omit “Commissioner”, substitute “Chairperson”.

6.   Regulation 20.38 (Member presiding at meetings of the Board)

6.1   Omit “Commissioner” (wherever occurring), substitute “Chairperson”.

7.   Regulation 20.39 (Quorum for meetings of Board)

7.1   Omit “Commissioner” (twice occurring), substitute “Chairperson”.

8.   Regulation 20.40 (Secretary to the Board)

8.1   Subregulation 20.40 (1):

Omit the subregulation, substitute:

“(1)

The Minister may appoint in writing as the Secretary to the Board a person who holds, or performs the duties of, an office in AIPO.

“(1A)

The instrument of appointment must be published in the Official Journal.”.

9.   Schedule 5 (Prescribed subjects)

9.1   Items 6, 7 and 8:

Omit the items, substitute:

“6	Validity and Infringement of Patents
7	Patent Attorneys’ Practice, Part 1
8	Patent Attorneys’ Practice, Part 2”.

10.   Saving

10.1   A person who before 30 May 1995:

• (a)

  passed a subject specified in column 2 of an item in the following table; or

• (b)

  under regulation 20.13 of the Patents Regulations is exempt from passing a subject specified in column 2 of an item in the following table;

is taken to have passed the subject specified in column 3 of the item:

Column 1 Item	Column 2 Subject specified in Schedule 5 to the Patents Regulations as in force before 30 May 1995	Column 3 Subject specified in Schedule 5 to the Patents Regulations as in force on 30 May 1995
1	Interpretation and Criticism of Specifications	Validity and Infringement of Patents
2	Patent, Trade Marks and Designs Law and Practice of Countries other than Australia	Patent Attorneys’ Practice, Part 1
3	Patent Attorneys’ Practice	Patent Attorneys’ Practice, Part 2

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 November 1994.

2. Statutory Rules 1991 No. 71 as amended by 1991 No. 456; 1992 No. 148; 1993 Nos. 113, 227, 340 and 341; 1994 Nos. 182 and 317.