Patents Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3111

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Patents Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents Act 1952.

Dated 13 November 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BARRY O. JONES

Minister of State for Science, Customs and Small Business

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Revocation of Proclamations

1. (1) In this regulation, “the Act” means the Patents Act 1952.

(2) For the purposes of section 123 of the Act, the Proclamation of 21 June 1985 made under subsection 123 (2) of the Act and published in the Gazette dated 27 August 1985 is revoked.

(3) For the purposes of section 140 of the Act, the following Proclamations are revoked, namely:

(a) the Proclamation of 25 April 1963 made under subsection 140 (1) of the Act and published in the Gazette dated 26 April 1963;

(b) the Proclamation of 21 June 1985 made under subsection 140 (1) of the Act and published in the Gazette dated 27 August 1985;

 

(c) the Proclamation of 5 March 1974 made under subsection 140 (3) of the Act and published in the Gazette dated 26 March 1974;

(d) the Proclamation of 17 May 1979 made under subsection 140 (3) of the Act and published in the Gazette dated 12 June 1979;

(e) the Proclamation of 11 February 1981 made under subsection 140 (3) of the Act and published in the Gazette dated 3 March 1981;

(f) the Proclamation of 21 June 1985 made under subsection 140(3) of the Act and published in the Gazette dated 27 August 1985.

2. After regulation 10a of the Patents Regulations the following regulation is inserted:

Convention countries

“10b. (1) Each of the countries specified in Schedule 4 is declared, under subsection 140 (1) of the Act, to be a Convention country for the purposes of the Act.

“(2) For the purposes of paragraph 140 (3) (a) of the Act, an application for a patent or similar protection in respect of an invention, being an application that is made under the treaty done at Bangui in the Central African Republic on 2 March 1977 entitled the Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each of those Convention countries.

“(3) For the purposes of paragraph 140 (3) (a) of the Act, an application for a patent or similar protection in respect of an invention, being an application that is made under the treaty done at Munich on 5 October 1973 entitled the Convention on the Grant of European Patents as amended by Decision of the Administrative Council of the European Patent Organisation of 21 December 1978 (a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each Convention country that:

(a) is a Contracting State within the meaning of that treaty; and

(b) is designated, in accordance with that treaty, in that application.

“(4) For the purposes of paragraph 140 (3) (a) of the Act, an application for a patent or similar protection in respect of an invention, being an international application within the meaning of the Treaty (a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of the Treaty, declared to be equivalent to an application made in each Convention country that:

(a) is a party to the Treaty; and

(b) is designated, in accordance with the Treaty, in that application.”.

 

3. After regulation 80 of the Patents Regulations the following regulation is inserted:

Corresponding rights—vessels, aircraft and land vehicles

“80a. For the purposes of the definitions of ‘foreign vessel’ and ‘foreign aircraft’ in paragraph 123 (2) (a) of the Act, the laws of each country specified in Part I of Schedule 4 are declared to confer corresponding rights within the meaning of that paragraph with respect to vessels, aircraft and land vehicles of Australia.”.

Schedules

4. The Schedules to the Patents Regulations are amended by adding at the end the following Schedule:

SCHEDULE 4Subregulation 10B (1)

and regulation 80A

PART I

CONVENTION COUNTRIES FOR THE PURPOSES OF SECTIONS 123 AND 140 OF THE ACT

Algeria

Argentina

Austria

Bahamas

Barbados

Belgium

Benin

Brazil

Bulgaria

Burkina Faso

Burundi

Cameroon

Canada

Central African Republic

Chad

China

Congo

Cote d’lvoire

Cuba

Cyprus

Czechoslovakia

Democratic People’s Republic of Korea

Denmark (including Faroe Islands)

Dominican Republic

Egypt

Finland

France (including all Overseas Departments and Territories)

Gabon

German Democratic Republic

 

SCHEDULE 4—continued

Germany, Federal Republic of

Ghana

Greece

Guinea

Guinea-Bissau

Haiti

Holy See

Hungary

Iceland

Indonesia

Iran (Islamic Republic of)

Iraq

Ireland

Israel

Italy

Japan

Jordan

Kenya

Lebanon

Lesotho

Libyan Arab Jamahiriya

Liechtenstein

Luxembourg

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

Mexico

Monaco

Mongolia

Morocco

Netherlands (including the Netherlands Antilles and Aruba)

New Zealand (excluding the Cook Islands, Niue and Tokelau)

Niger

Nigeria

Norway

Philippines

Poland

Portugal

Republic of Korea

Romania

Rwanda

San Marino

Senegal

 

SCHEDULE 4—continued

South Africa

Soviet Union

Spain

Sri Lanka

Sudan

Suriname

Sweden

Switzerland

Syrian Arab Republic

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United Kingdom (including Hong Kong and the Isle of Man)

United Republic of Tanzania

United States of America (including all territories and possessions, including the Commonwealth of Puerto Rico)

Uruguay

Viet Nam

Yugoslavia

Zaire

Zambia

Zimbabwe

PART II

CONVENTION COUNTRY FOR THE PURPOSES OF SECTION 140 OF THE ACT

India

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 November 1989.

2. Statutory Rules 1962 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 93 and see also