Patents, Trade Marks, Designs and Copyright Regulations (Cth)

STATUTORY RULES.

1953. No. 89.

 

REGULATIONS UNDER THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT ACT 1939-1953.*

I, 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, Trade Harks, Designs and Copyright Art 1939-1953.

Dated this thirtieth day of October, 1953.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

J.A. SPICER

Attorney-General.

 

Patents, Trade Marks, Designs and Copyright Regulations.

Citation.

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

Repeal.

2. The Patents, Trade Marks, Designs and Copyright (War Powers) Regulations (comprising Statutory Rules, 1939, No. 175 and Statutory Rules, 1940, No. 82) are repealed.

Definition.

3.—(1.) In these Regulations—

“the Act” means the Patents, Trade Marks, Designs and Copyright Act 1930-1953.

“the Commissioner or Registrar”—

(a) in relation to a patent, or to an application or matter relating to a patent, means the Commissioner of Patents;

(b)in relation to a trade mark, or to an application or matter relating to a trade mark, means the Registrar of Trade Marks;

(c) in relation to a design, or to an application or matter relating to a design, means the Registrar of Designs; and

(d)in relation to a copyright, or to an application or matter relating to a copyright, means the Registrar of Copyrights.

(2.) In these Regulations, a reference to a form by number is a reference to the form, so numbered, in the Schedule to these Regulations.

Applications for extension of time.

4.—(1.) An application for an extension of the time, fixed under an Act specified in section 9 of the Act, for the doing of an act shall be in accordance with Form 1.

*Notified in the Commonwealth Gazette on 30th October, 1953

3585.—Price 5d.

(2.) The Commissioner or Registrar may require a person who has made an application for an extension of time under section 9 of the Act to furnish, in support of the application, a declaration setting out the matters on which the person relies in support of his application.

Protection of persons prejudicially affected by exercise of powers under section 9 of the Act.

5. Where, by reason of the exercise, whether before or after the commencement of these Regulations, of the power conferred by subsection (1.) of section 9 of the Act, an application, patent, registration or proceeding under an Act referred to in that sub-section is or has been revived, the person in whoso favour the power has boon exercised shall not be entitled—

(a) to a right to take any action or proceedings or to obtain, or to take any action to enforce, a judgment, order or decree in respect of any act done by any other person during the period which commenced on the date on which the application, patent, registration or proceeding lapsed, ceased or expired, or became void or invalid or was treated as abandoned and ended on the date on which notice of the revival of the application, patent, registration or proceeding is or was published in the Official Journal; and

(b) to a right to take any action or proceedings or to obtain, or to take any action to enforce, a judgment, order or decree, in respect of the use, disposal or possession, after the date on which the notice of the revival of the application, patent, registration or proceeding is or was published in the Official Journal, of any article—

(i) made, produced or imported by another person during the period which commenced on the date on which the application, patent, registration or proceeding lapsed, ceased or expired, or became void or invalid or was treated as abandoned and ended on the date on which the notice of the revival was published; or

(ii) being made or produced by another person on that last-mentioned date.

Grant of compulsory licences, &c.

6.—(1.) Where—

(a) by reason of the exorcise of the power conferred by subsection (1.) of section 9 of the Act, an application, patent, registration or proceeding under an Act referred to in that sub-section is or has been revived; and

(b)a person other than the person in whoso favour the power was exercised claims to be or to have been prejudicially affected by reason of the exercise of that power,

that other person may make application in accordance with Form 2 to the Commissioner or Registrar—

(c) in a case where an extension of time has been granted under the Patents Act 1903-1950—for the grant of a licence to make, use, exercise and vend the invention;

(d) in a case where an extension of time has been granted under the Designs Act 1906-1950—for the grant of a licence to apply the design to articles manufactured by that other person; or

(e) in a case whore an extension has been granted under the Trade Marks Act 1905-1948—to be registered as a registered user of the trade mark in respect of goods manufactured by that other person.

(2.) A person who makes an application under the last preceding sub-regulation shall furnish to the Commissioner or Registrar with the application a declaration or declarations setting forth the facts on which he relies in support of the application.

Copy of application and declarations to be served before application in made.

7.—(1.) An application under the last preceding regulation shall not be made until after the person making the application has served, on the person to whom the extension of time was granted under section 9 of the Act copies of the application and of the declaration or declarations setting forth the facts on which that first-mentioned person relics in support of the application.

(2.) Service of the documents referred to in the last preceding sub-regulation may be effected by delivery of the documents to, or serving the documents by post addressed to—

(a) where the documents are to be served on a patentee—the address shown in the Register of Patents as the address of the patentee;

(b)where the documents are to be served on the proprietor of a registered trade mark—the address shown in the Register of Trade Marks as the address of the proprietor of the trade mark;

(c)where the documents arc to be served on the owner of a registered design or registered copyright—the address shown in the Register of Designs or in a Register of Copyrights, as the case may he, as the address of the owner; or

(d)in any other case—an address for service notified to the Commissioner or Registrar by the person to whom the extension of time was granted for the purposes of the Act under which the extension was granted.

Opposition to application.

8. The person to whom the extension of time was granted under section 9 of the Act shall, if he desires to oppose the application—

(a)within twenty-one days after the date on which the documents referred to in sub-regulation (1.) of the last preceding regulation were served on him or within such further time as the Commissioner or Registrar allows, give notice of opposition to the Commissioner or Registrar in accordance with Form 3;

(b)within seven days after the notice of opposition is so given, serve a copy of the notice on the person who has made the application;

(c) within six weeks after the date of that service or within such further time as the Commissioner or Registrar allows, furnish to the Commissioner or Registrar a declaration or declarations setting forth the facts on which he relies in support of his opposition; and

(d)within seven days after the date on which the declaration or declarations are so furnished, serve a copy of the declaration or declarations on the person who has made the application.

Applications for extension of time.

9. An application for an extension of time within which to give notice of opposition, or to furnish a declaration or declarations, under the last preceding regulation—

(a) shall be in accordance with Form 4; and

(b) may be made before the expiration of the time fixed by that sub-regulation.

Notice of hearing.

10. The Commissioner or Registrar shall fix a date for the hearing of the application and shall give notice of the date so fixed to the person making the application and, if the person to whom the extension of time was granted has given notice of opposition, to that person.

Hearing of application.

11.—(1.) The Commissioner or Registrar shall hear the person making the application and the person opposing the application if they desire to be heard.

(2.) The Commissioner or Registrar may, if he thinks fit, adjourn the hearing of the application from time to time.

Decision.

12.—(1.) If the Commissioner or Registrar is satisfied that; the person making the application has been prejudicially affected by the exercise of the power under sub-section (1.) of section 9 of the Act, the Commissioner or Registrar may—

(a)grant to the applicant a licence to make, use, exorcise or vend the invention;

(b)grant to the applicant a licence to apply the design to articles manufactured by that person; or

(c)direct that the applicant be registered as a registered user of the trade mark in respect of goods manufactured by that person,

as the case requires, for such term, and subject to such terms and conditions, as the Commissioner or Registrar determines.

(2.) If the Commissioner or Registrar is not so satisfied, he shall dismiss the application.

(3.) The Commissioner or Registrar shall notify the person who made the application and the person to whom the extension of time was granted of his decision on the application.

(4.) The Commissioner or Registrar shall cause such entries to be made in the Register of Patents, the Register of Designs or the Register of Trade Marks, as the case requires, as are necessary to give effect to his decision on the application.

Fees.

13.—(1.) The fee payable on making an application under regulation 6 of these Regulations is Five pounds.

(2.) The fee payable on giving a notice of opposition under regulation 9 of these Regulations is Five pounds.

Address for service.

14.—(1.) Where, in a form in the Schedule to these Regulations, provision is made for a statement of an address for service, the person completing the form shall state an address for service in Australia at which documents referred to in these Regulations may be served on him or on a person specified in the form on his behalf.

(2.) Service of a document referred to in these Regulations may be effected on a person by delivering the document to, or serving the document by post to, the address for service stated by that person.

False statements.

15. A person shall not, in an application made, or a declaration furnished, in accordance with these Regulations, wilfully make a statement which is false or misleading.

Penalty: Fifty pounds.

THE SCHEDULE. Regulation 3 (2.).

Form 1.

Regulation 4.

COMMONWEALTH OF AUSTRALIA.

Patents, Trade Marks, Designs and Copyright Act 1930-1953.

I of , hereby apply under section 9 of the abovementioned Act for an extension of time for months for [insert particulars of the proceeding in respect of which the extension of time is desired].

The circumstances arising: from the existence of a state of war on which I reply in support of this application are as follows:—

Dated this day of , 19 .

Signature of Applicant.

 

Form 2.

Regulations 6 and 7.

COMMONWEALTH OF AUSTRALIA.

Patents, Trade Marks, Designs and Copyright Act 1939-1953.

I of , being a person who claims to be prejudicially affected by the exercise of the power conferred by sub-section (1.) of section 9 of the abovementioned Act, namely, [here state particulars of the exercise of the power]

hereby make application under regulation 6 of the Patents, Trade Marks, Designs and Copyright Regulations for [here state particulars of the application].

I furnish the annexed declaration(s) in support of this application setting forth the facts on which I rely in support of this application.

A copy of this application and of the annexed declaration (s) were served on   , the person in whose favour the power so conferred has been exercised, on the day of , 19 .

My address for service is

Dated this  day of  , 19 .

Signature.

3585.—2

Form 3.

Regulation 8.

COMMONWEALTH OF AUSTRALIA.

Patents, Trade Marks, Designs and Copyright Act 1939-1953.

I, of , the person to whom the extension of time referred to in the application made by under regulation C of the Patents, Trade Marks, Designs and Copyright Regulations was granted, hereby give notice of opposition to that application.

My address for service is.

Dated this  day of  , 19 .

Signature.

 

Form 4.

Regulation 9.

COMMONWEALTH OF AUSTRALIA.

Patents, Trade Marks, Designs and Copyright Act 1939-1953.

I, of , the person to whom the extension of time referred to in the application made by under regulation 6 of the Patents, Trade Marks, Designs and Copyright Regulations was granted hereby apply for an extension of time within which to give notice of opposition to the application or furnish the declaration (s) in support of the opposition to the application.

The grounds upon which this application is made are as follows:—

Dated this  day of  , 19 .

Signature.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.