Patents, Trade Marks, Designs and Copyright Act 1953 (Cth)

PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT.

No. 11 of 1953.

An Act to amend the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939-1946.

[Assented to 28th March, 1953.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Patents, Trade Marks, Designs and Copyright Act 1953.

 

(2.) The Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939-1946* is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Patents, Trade Marks, Designs and Copyright Act 1939-1953.

Commencement.

2.—(1.) Subject to this section this Act shall come into operation on the first day of April, One thousand nine hundred and fifty-three.

(2.) Section five of this Act shall be deemed to have come into operation on the second day of October, One thousand nine hundred and fifty-two.

(3.) Section seven of this Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and fifty.

Interpretation.

3.Section three of the Principal Act is amended by omitting sub-sections (1.), (3.) and (4.).

Repeal of sections 5-8.

4.Sections five to eight (inclusive) of the Principal Act are repealed.

Emergency powers.

5. Section nine of the Principal Act is amended—

(a)by inserting in sub-section (1.), after the word “existence”, the words “(whether at the time of the exercise of the power or at an earlier time)”; and

(b) by adding at the end thereof the following sub-section:—

“(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 sub-section, of the power conferred by sub-section (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.”.

Repeal of sections 10-13.

6.Sections ten to thirteen (inclusive) of the Principal Act are repealed.

International arrangements.

7.Section fifteen of the Principal Act is amended by omitting the words “those provisions of the Imperial Acts cited as the Patents and Designs Acts, 1907 to 1938 (or of those Acts as subsequently amended) which relate” and inserting in their stead the words “the law of the United Kingdom which relates”.

 

8.Section seventeen of the Principal Act is repealed and the following section inserted in its stead:—

Duration of Act.

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