Patents, Trade Marks, Designs and Copyright Act 1939 (Cth)

Patents, Trade Marks, Designs and Copyright Act 1939

Act No. 66 of 1939 as amended

Consolidated as in force on 12 November 1999

(includes amendments up to Act No. 118 of 1999)

[Note: This Act is repealed by No. 118 of 1999]

Prepared by the Office of Legislative Drafting

Attorney‑General’s Department, Canberra

      

Contents

An Act to make special Provisions with respect to Patents, Trade Marks, Designs and Copyright in Consequence of the War, and for other purposes

1Short title [see Note 1]

 This Act may be cited as the Patents, Trade Marks, Designs and Copyright Act 193 9.

2Commencement [see Note 1]

 This Act shall come into operation on the day on which it receives the Royal Assent.

3Interpretation

• (2)

  In this Act, the expressions the Commissioner of Patents, the Registrar of Trade Marks and the Registrar of Designs include a Deputy Commissioner of Patents, a Deputy Registrar of Trade Marks and a Deputy Registrar of Designs, respectively, when exercising any power or function delegated to him in pursuance of this Act.

4Extension to Norfolk Island

 This Act shall extend to the Territory of Norfolk Island, as if that Territory were part of the Commonwealth.

9Emergency powers

• (1)

  Subject to any directions of the Minister, the Commissioner of Patents, the Registrar of Trade Marks, the Registrar of Designs or the Registrar of Copyrights, may, notwithstanding anything contained in any Act, if it appears to him to be necessary or expedient so to do, by reason of circumstances arising from the existence (whether at the time of the exercise of the power or at an earlier time) of a state of war, extend for such period as he thinks fit the time fixed by or under the Patents Act 1903‑1935, the Trade Marks Act 1905‑1936, the Designs Act 1906‑1934 or the Copyright Act 1912‑1935, for doing any act.

• (2)

  The power conferred by subsection (1) of this section may be exercised notwithstanding the expiry, whether before or after the commencement of this Act, of the time referred to therein.

• (3)

  If any application, patent, registration or proceeding has lapsed, ceased or expired, or become void or invalid, or has been treated as abandoned, it shall revive upon the granting of an extension of time for doing the act by reason of the non‑performance of which it lapsed, ceased or expired or became void or invalid, or was treated as abandoned, as the case may be.

• (4)

  The regulations may make provision for or in relation to the protection or compensation of persons prejudicially affected by any exercise, whether before or after the commencement of this subsection, of the power conferred by subsection (1) of this section, being an exercise of that power which has, or has had, the effect of reviving an application, patent, registration or proceeding.

14Delegation

• (1)

  The Commissioner of Patents, the Registrar of Trade Marks or the Registrar of Designs may, in relation to any particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act (except this power of delegation) to a Deputy Commissioner of Patents, a Deputy Registrar of Trade Marks or a Deputy Registrar of Designs, respectively, so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

• (2)

  Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Commissioner of Patents, the Registrar of Trade Marks or the Registrar of Designs.

16Regulations

 The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular:

• (a)

  for regulating the practice and procedure in respect of any application or other matter under this Act;

• (b)

  for prescribing the time within which any act authorized or required by this Act or the regulations shall, or may, be done; and

• (c)

  for prescribing fees in respect of applications and other matters under this Act.

17Duration of Act

 This Act shall continue in operation until a date to be fixed by Proclamation, and no longer.

Notes to thePatents, Trade Marks, Designs and Copyright Act 1939

Note 1

The Patents, Trade Marks, Designs and Copyright Act 1939 as shown in this consolidation comprises Act No. 66, 1939 amended as indicated in the Tables below.

Table of Acts

Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions

 

Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939	66, 1939	15 Dec 1939	15 Dec 1939
Patents, Trade Marks, Designs and Copyright (War Powers) Act 1940	32, 1940	3 June 1940	15 Dec 1939	—
Defence (Transitional Provisions) Act 1946	77, 1946	14 Dec 1946	1 Jan 1947	—
Patents, Trade Marks, Designs and Copyright Act 1953	11, 1953	28 Mar 1953	S. 5: 2 Oct 1952 S. 7: 1 Jan 1950 Remainder: 1 Apr 1953	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Administrative Changes (Consequential Provisions) Act 1976	91, 1976	20 Sept 1976	S. 3:  (a)	S. 4
Designs Amendment Act 1981	42, 1981	13 May 1981	Ss. 1 and 2: Royal Assent Remainder: 1 Apr 1982 (see Gazette 1982, No. G12)	—
Industry, Technology and Commerce Legislation Amendment Act (No. 2) 1989	10, 1990	17 Jan 1990	Part 6 (ss. 37‑39): 30 Apr 1991 (see s.2(3)) (b)	—
as amended by
Patents Act 1990	83, 1990	30 Oct 1990	30 Apr 1991 (see s. 2(2))	—
Industry, Science and Tourism Legislation Amendment Act 1997	91, 1997	30 June 1997	Schedule 1 (item 22): Royal Assent (c)	—
Statute Stocktake Act 1999	118, 1999	22 Sept 1999	22 Sept 1999	—

(a) The Patents, Trade Marks, Designs and Copyright Act 1939 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:

• “(7)

  The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.”

(b) The Patents, Trade Marks, Designs and Copyright Act 1939 was amended by Part 6 (sections 37‑39) only of the Industry, Technology and Commerce Legislation Amendment Act (No. 2) 1989, subsection 2(3) of which provides as follows:

• “(3)

  Subsection 15(1), sections 18, 41 and 42, and Part 6, commence on the same day as the Patents Act 1990.”

(c) The Patents, Trade Marks, Designs and Copyright Act 1939 was amended by Schedule 1 (item 22) only of the Industry, Science and Tourism Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

• “(1)

  Subject to this section, this Act commences on the day on which it receives the Royal Assent.”

Table of Amendments

ad. = added or inserted

 am. = amended rep. = repealed rs. = repealed and substituted

Provision affected	How affected
S. 3...........................................	am. No. 32, 1940; No. 11, 1953; No. 10, 1990
Heading to s. 4 ........................	am. No. 91, 1997
S. 4...........................................	am. No. 216, 1973; No. 91, 1997
S. 5...........................................	rep. No. 11, 1953
S. 6...........................................	am. No. 77, 1946
rep. No. 11, 1953
Ss. 7, 8.....................................	rep. No. 11, 1953
S. 9...........................................	am. No. 11, 1953; No. 91, 1976
S. 10.........................................	rep. No. 11, 1953
S. 11.........................................	am. No. 32, 1940
rep. No. 11, 1953
Ss. 12, 13.................................	rep. No. 11, 1953
S. 14.........................................	am. No. 10, 1990
S. 15.........................................	am. No. 11, 1953
rs. No. 216, 1973
rep. No. 42, 1981
S. 17.........................................	rs. No. 11, 1953