Patents, Trade Marks and Designs Regulations 1920 (Cth)

STATUTORY RULES.

1920. No. 61.

 

REGULATIONS UNDER THE PATENTS ACT 1903-1909, THE TRADE MARKS ACT 1905-1919, THE DESIGNS ACT 1906-1912, THE PATENTS, TRADE MARKS AND DESIGNS ACT 1914-1915, AND THE TREATY OF PEACE ACT 1919.

I, SIR WILLIAM HILL IRVINE, Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the Patents Act 1903-1909, the Trade Marks Act 1905-1919, the Designs Act 1906-1912, the Patents, Trade Marks and Designs Act 1914-1915, and the Treatyof Peace Act 1919, to come into operation forthwith.

Dated the twenty-first day of April, 1920.

W. H. IRVINE,

Deputy of the Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM,

for the Attorney-General.

 

Patents, Trade Marks and Designs Regulations 1920.

Short title.

1. These Regulations may be cited as the Patents, Trade Marks and Designs Regulations 1920.

Definition.

2. In these Regulations, unless the contrary intention appears, “industrial property” means patents, trade marks and industrial designs.

Extensions granted to British subjects for one year.

3. A period of one year from the tenth day of January, One thousand nine hundred and twenty, shall be accorded to any British subject without extension fees or other penalty, in order to enable him to accomplish any act, fulfil any formality, pay any fee and generally satisfy any obligation prescribed by or under any law of the Commonwealth relating to the obtaining, preserving or opposing rights to, or in respect of, industrial property either acquired before the first day of August, One thousand nine hundred and fourteen, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance.

Lapsed rights to revive.

4. The rights of any British subject in, or in respect of, any such industrial property which have lapsed by reason of any failure to accomplish any act, fulfil any formality, or make any payment, shall revive, but subject, in the case of a patent or design, to the condition that no action shall be brought or claim made by the patentee or owner of the design against any person who has manufactured or made use of the subject-matter of such industrial property during the period from the date upon which the rights lapsed until the date of the making of this regulation, and to such further conditions (if any) as the Attorney-General in any particular case directs.

Patent, trade mark or design, not to be cancelled for failure to work or use during war period

5. The period from the first day of August, One thousand nine hundred and fourteen, until the date of the making of this regulation, shall be excluded in considering the time within which a patent should be worked or a trade mark or design used, and no patent, registered trade mark or design in force on the first day of August,, One thousand nine hundred and fourteen, shall be subject to revocation or cancellation by reason only of the failure to work the patent or use the trade mark or design for two years after the tenth day of January, One thousand nine hundred and twenty.

Extension of rights of priority.

6. The rights of priority provided by the Patents Act 1903-1909, the Trade Marks Act 1905-1919, and the Designs Act 1906-1912 for the filing of applications for patents and for the registration of trade marks and designs, which had not expired on the first day of August, One thousand nine hundred and fourteen, or which have arisen during the war or which would have arisen but for the war, shall be extended in favour of all British subjects for a period of six months after the date of the making of this regulation:

Provided that no such extension shall in any way affect the right of any person who before the date of the making of this regulation was bonâ fide in possession of any rights of industrial property conflicting with rights applied for by another who claims rights of priority in respect of them, to exercise those rights by himself personally or by such agents or licensees as derived their rights from him before the date of the making of this regulation; and those persons shall not be amenable to any action or other process of law in respect of infringement.

 

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