Patents, Trademarks, Designs and Copyright (War Powers) Regulations (Cth)

STATUTORY RULES.

1939. No. 175.

REGULATIONS UNDER THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT (WAR POWERS) ACT 1939.*

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 Marks, Designs and Copyright (War Powers) Act 1939.

Dated this nineteenth day of December, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

W. M. HUGHES

Attorney-General.

———

Patents, Trade Marks, Designs and Copyright (War Powers)

Regulations.

Citation.

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

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears—

“the Act” means the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939;

“the Commissioner or Registrar”—

(a)in relation to a patent, or to any application or matter relating to a patent, means the Commissioner of Patents, and includes a Deputy Commissioner of Patents when exercising any power or function delegated to him in pursuance of the Act;

(b)in relation to a trade mark, or to any application or matter relating to a trade mark, means the Registrar of Trade Marks, and includes the Deputy Registrar of Trade Marks when exercising any power or function delegated to him in pursuance of the Act;

(c)in relation to a design, or to any application or matter relating to a design, means the Registrar of Designs, and includes a Deputy Registrar of Designs when exercising any power or function delegated to him in pursuance of the Act; and

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

 

* Notified in the Commonwealth Gazette on 19th December, 1939.

7478.—Price 5d.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

(3.) Strict compliance with the Forms in the Schedule to these Regulations shall not be necessary and substantial compliance shall be sufficient.

Appointment of agents.

3.—(1.) A person may appoint any barrister, solicitor or person registered as a patent attorney to be his agent for the purposes of the Act and of these Regulations.

(2.) Any notice or other document to be given or sent to any person in relation to any application or other matter under the Act or these Regulations may be sent to the agent of that person appointed under the last preceding sub-regulation.

Form of applications.

4.—(1.) An application for an order under the Act—

(a)shall be made in duplicate in accordance with such one of the Forms set out in the First Schedule to these Regulations as is applicable;

(b) shall be accompanied by a fee of Two pounds; and

(c) shall be lodged at the Patent Office, Canberra.

Evidence to accompany application.

5. An application for an order under the Act shall be supported by evidence in the form of a statutory declaration, or statement verified by statutory declaration. The applicant shall lodge with the application a copy of each such statutory declaration and statement.

Advertisement of applications.

6. Before making any order under this Act, the Attorney-General may direct that the applicant give notice of the application for the order by advertisement in such manner as the Attorney-General directs.

Hearing of persons interested.

7.—(1.) Any person who claims to be interested and desires an opportunity of being heard before the Attorney-General makes any order under this Act may give notice to the Attorney-General in accordance with Form 5.

(2.) The notice shall be in duplicate and shall be lodged at the Patent Office.

(3.) Any person so giving notice shall lodge therewith, in duplicate, a statutory declaration, or statement verified by statutory declaration, setting out any evidence which that person desires the Attorney-General to consider before making the order.

Notice of applications.

8. Where, before making an order under the Act, the Attorney-General proposes to give some person who appears to him to be interested an opportunity of being heard, he shall (unless, having regard to the circumstances, he considers it inexpedient or impossible to do so) forward a copy of the application and evidence lodged therewith to the person interested.

Evidence.

9.—(1.) Before making an order under the Act, the Attorney-General may permit or require such evidence, or further evidence, to be given, whether orally or otherwise, as he thinks fit.

(2.) The Attorney-General may, by writing under his hand served upon the person named in the writing, summon any person to attend and give evidence, or produce documents or articles, on the hearing of any application for an order under the Act.

(3.) Any person who has been so summoned shall not, without lawful excuse, and on payment of reasonable expenses, fail to attend and give evidence, or to produce the documents or articles, as the case may be.

Penalty: Fifty pounds.

Payment of fees by persons proposing to make applications.

10. Where any person satisfies the Commissioner or Registrar that he proposes to make an application under section 6 or section 7 of the Act, the Commissioner or Registrar may permit that person to pay any fee necessary to enable the sealing of the patent or registration of the trade mark or design, in respect of which the application is proposed to be made, to be effected.

Extensions of time.

11.—(1.) Where any person desires that any time fixed by or under an Act referred to in section 9 of the Act shall be extended in pursuance of that section, he shall lodge with the Commissioner or Registrar an application in accordance with Form 6. The application may be signed by any person duly appointed to be the agent of the applicant under the first-mentioned Act.

(2.) The Commissioner or Registrar may require a statutory declaration, or statement verified by statutory declaration, in support of the application, to be furnished to him.

 

THE SCHEDULE.

Reg. 2.

——

Form 1. Reg. 4.

Commonwealth of Australia.

Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.

APPLICATION UNDER SUB-SECTION (2.) OF SECTION 5 OF THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT (WAR POWERS) ACT 1939.

Note.— This form must be lodged (in duplicate) at the Patent Office, Canberra, and must be accompanied by a fee of £2 and by two copies of any statutory declaration or statement in support of the application.

To the Attorney-General of the Commonwealth of Australia.

I,*

hereby apply under sub-section (2.) of section 5 of the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939 for an order

My reasons for making the request are as follows:—

My address for service in Australia is—

Dated the day of , 19 .

(Signature of applicant.‡)

* Here insert (in full) name, address and occupation of applicant.

  Here insert particulars of the order applied for. The name of the licensee, the date thereof, and the number of the patent, registered design or copyright should be stated. Where the application relates to a contract, the names of the parties and the date should be stated.

‡ The applicant must be signed by the applicant personally, or, in the case of a body corporate, by some officer thereof. It may not be signed by the applicant’s agent.

Form 2. Reg. 4.

Commonwealth of Australia.

Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.

APPLICATION FOR A LICENCE UNDER SECTION 6 OF THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT (WAR POWERS) ACT 1939.

Note.— This form must be lodged (in duplicate) at the Patent Office, Canberra, and must be accompanied by a fee of £2 and by two copies of any statutory declaration or statement in support of the application.

To the Attorney-General of the Commonwealth of Australia.

I,*

hereby apply under section 6 of the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939 for an order granting to me a licence in respect of

My address for service in Australia is—

Dated this day of , 19

(Signature of applicant.‡)

* Here insert (in full) name, address and occupation of applicant.

  Here insert particulars (including the number) of the patent, design or copyright in respect of which the licence is desired.

‡The application must be signed by the applicant personally, or, in the case of a body corporate, by some officer thereof. It may not be signed by the applicant’s agent.

 

Form 3. Reg. 4.

Commonwealth of Australia.

Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.

APPLICATION UNDER SECTION 7 OF THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT (WAR POWERS) ACT 1939 FOR SUSPENSION OF RIGHT TO THE USE OF A TRADE MARK GIVEN BY REGISTRATION.

Note.— This form must be lodged (in duplicate) at the Patent Office, Canberra, and must be accompanied by a fee of £2 and by two copies of any statutory declaration or statement in support of the application.

To the Attorney-General of the Commonwealth of Australia.

I,*

hereby apply under section 7 of the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939 for an order that the rights given by the registration of trade mark registered under No. in Class in the name of

of

be suspended for 

to the following extent:—

I propose to deal in the course of trade with‡

under the classification or reference of‡

My address for service in the Commonwealth is—

Dated this day of , 19 .

(Signature of applicant.§)

* Here insert (in full) name, address and occupation of applicant.

  Here insert period of suspension desired.

‡Here insert particulars of the article or substances with which the applicant proposes to deal and the description or reference which he proposes to use in connexion with it.

§ The application must be signed by the applicant personally, or, in the case of a body corporate, by some officer thereof. It may not be signed by the applicant’s agent.

Form 4. Reg. 4.

Commonwealth of Australia.

Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.

APPLICATION FOR REVOCATION OR VARIATION OF ORDER OF ATTORNEY-GENERAL UNDER THE PATENTS, TRADE MARKS, DESIGNS AND COPYRIGHT (WAR POWERS) ACT 1939.

Note.— This form must be lodged (in duplicate) at the Patent Office, Canberra, and must be accompanied by a fee of £2 and by two copies of any statutory declaration or statement in support of the application.

To the Attorney-General of the Commonwealth of Australia.

I,*

hereby request that the order made by the Attorney-General dated the day of , 19 , and made under section of the Patents, Trade Marks, Designs and Copyright (War Powers) Acts 1939 whereby  may be in the following manner:—

My reasons for making this request are as follows:—

My address for service in the Commonwealth is—

(Signature of applicant.‡)

* Here insert (in full) name, address and occupation of applicant.

  Here insert particulars of order.

‡The application must be signed by the applicant personally, or, in the case of a body corporate, by some officer thereof. It may not be signed by the applicant’s agent.

 

Form 5. Reg. 7.

Commonwealth of Australia.

Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.

NOTICE REQUESTING OPPORTUNITY TO BE HEARD.

Note.— This form must be lodged (in duplicate) at the Patent Office, Canberra, and must be accompanied by two copies of any statutory declaration or statement in support of the request.

To the Attorney-General of the Commonwealth of Australia.

I,*

hereby request you to give me an opportunity of being heard before you make any order under the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939 for the following purpose:—

I claim to be interested in the matter on the following grounds:—

My address for service in the Commonwealth is—

Dated this day of , 19

(Signature of applicant or his duly appointed agent.)

 

* Here insert (in full) name, address, and occupation of applicant.

  Here insert particulars of order.

 

Form 6. Reg. 11.

Commonwealth of Australia.

Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.

APPLICATION FOR EXTENSION OF TIME.

To the Commissioner of Patents.

I,*

hereby apply for an extension of time for month (s) for 

This extension is applied for by reason of the following circumstances arising from the existence of a state of war:—‡

Dated this day of , 19 .

(Signature of applicant or his duly appointed agent.)

 

* Here insert (in full) name, address and occupation of applicant.

  Insert particulars of proceedings in respect of which extension is desired.

‡ The circumstances must be stated in detail.

 

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