Trade Marks Amendment Regulations 2001 (No. 2) (Cth)

Trade Marks Amendment Regulations 2001 (No. 2)1

Statutory Rules 2001 No. 1852

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Marks Act 1995.

Dated 28 June 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

WARREN ENTSCH

Parliamentary Secretary to the Minister for Industry,

Science and Resources

1Name of Regulations

 These Regulations are the Trade Marks Amendment Regulations 2001 (No. 2).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Trade Marks Regulations 1995

Schedule 1 amends the Trade Marks Regulations 1995.

Schedule 1Amendment

(regulation 3)

Do not delete:Schedule Part Placeholder

[1]Subregulation 20.1 (1)

substitute

• (1)

  For paragraph 228A (4) (a) of the Act, a qualification comprises:

  • (a)

    a pass in:

    • (i)

      an accredited course of study that:

      • (A)

        includes the subject matter in topic group A, B, C or D mentioned in Schedule 5 to the Patents Regulations 1991; and

      • (B)

        is not part of a course of study to which an award mentioned in paragraph (b) relates; or

    • (ii)

      an examination that:

      • (A)

        is conducted by the Board under regulation 20.6 of the Patents Regulations 1991 for topic group A, B, C or D mentioned in Schedule 5 to the Patents Regulations 1991; and

      • (B)

        is not part of a course of study to which an award mentioned in paragraph (b) relates; and

  • (b)

    an award of:

    • (i)

      a degree, diploma, advanced diploma or graduate diploma, under the Australian Qualification Framework, that is:

      • (A)

        in any field of study; and

      • (B)

        awarded by a body, in the Higher Education Sector, that is authorised to award a degree, diploma, advanced diploma or graduate diploma of that kind; or

    • (ii)

      a degree, diploma, advanced diploma or graduate diploma that is:

      • (A)

        awarded by an overseas education institution; and

      • (B)

        equivalent to an award mentioned in subparagraph (i).

Note   The Australian Qualification Framework is a nationally recognised reference which categorises qualifications into 12 levels, from institutions categorised into 3 sectors: schools, vocational and higher education.

The AQF website is Regulations amend Statutory Rules 1995 No. 341, as amended by 1996 Nos. 3, 184 and 272; 1997 No. 346; 1998 Nos. 258, 265, 343 and 346; 1999 Nos. 153, 186, 196 and 350; 2001 No. 33.

2. Notified in the Commonwealth of Australia Gazette