Designs Regulations (Amendment) 1991 No. 455
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 455
Issued by the Authority of the Minister of State for Science and Technology
The Statutory Rules amend the Designs Regulations (the Regulations) to make technical and drafting changes to regulation 17, to declare Chile and Swaziland to be Convention countries, and to make a number of technical and drafting amendments. Details of the amendments are as follows:
Regulation 1 identifies the Designs Regulations as those to be amended.
Regulation 2 makes changes to the definitions in regulation 3 of the Regulations to redefine "patent attorney" consequential on the commencement of the Patents Act 1990, and make it clear that a notice is taken to have been given on the day on which it is dated.
Regulation 3 corrects a minor error in subregulation 17(1A) of the Regulations and makes other technical and drafting amendments to subregulations 17(2) and 17(9).
Regulation 4 includes Chile and Swaziland in the list of Convention countries in Schedule 2A to the Regulations. Minor drafting changes are also made to the style in which some countries are referred to in the Schedule.
Overview
The Designs Regulations (Amendment) 1991 No. 455 was enacted to amend the Designs Regulations and was issued by the authority of the Minister of State for Science and Technology. The purpose of these amendments was to make technical and drafting changes to regulation 17, declare Chile and Swaziland as Convention countries, and to address several other minor technical and drafting issues throughout the Regulations. The amendments to regulation 17 were consequential upon the commencement of the Patents Act 1990 and aimed to redefine "patent attorney" and clarify the timing of notices. Additionally, the inclusion of Chile and Swaziland in the list of Convention countries aimed to expand the scope of international recognition under the Convention, while the minor drafting changes to the style in which countries are referred to in Schedule 2A ensured consistency and clarity. The overall policy objective was to refine and update the regulatory framework governing designs to better align with contemporary legal standards and international conventions.
Scope and Application
The Designs Regulations (Amendment) 1991 No. 455 applies to the Designs Regulations, making technical and drafting changes to streamline the regulatory framework for design protection. This Act amends the definitions, specifically realigning the term "patent attorney" to reflect changes introduced by the Patents Act 1990, and clarifies the timing of notice issuance to ensure that a notice is deemed to have been given on the day it is dated. The Regulations also correct minor errors and refine the language for improved clarity. Geographically, the amendments extend the scope of Convention countries to include Chile and Swaziland, facilitating international design protection under the Paris Convention for the Protection of Industrial Property. The application of these regulations is confined to the Commonwealth and operates within the framework set by the Patents Act 1990, with no stated exclusions or exemptions. The Regulations may be further interpreted or extended through subordinate instruments, but the primary changes are confined to those explicitly detailed in the statutory rules.
Key Provisions
The main operative sections of the Designs Regulations (Amendment) 1991 No. 455 primarily focus on refining and clarifying definitions and technical amendments within the existing framework of the Designs Regulations. Regulation 2 specifically redefines the term "patent attorney" in regulation 3 to align with the changes in the Patents Act 1990, ensuring consistency across related legislative instruments. Regulation 3 further amends subregulations 17(2) and 17(9) to correct a minor error and to implement various technical and drafting changes, enhancing the clarity and functionality of the Regulations. Regulation 4 includes Chile and Swaziland in the list of Convention countries, which is found in Schedule 2A, thereby expanding the scope of international agreements under the Designs Act.
The amended Regulations impose specific obligations and requirements on parties and entities governed by them. For example, the redefinition of "patent attorney" in Regulation 2 ensures that only those qualified under the updated terms can undertake certain activities related to patents and designs. This change necessitates that patent attorneys and related entities adhere to the new definition, which may require updating their qualifications or credentials. Regulation 3’s amendments to subregulations 17(2) and 17(9) impose technical compliance requirements, ensuring that all processes and procedures under the Regulations are consistent with the intended legislative outcomes. Additionally, by including Chile and Swaziland in the list of Convention countries in Regulation 4, the Regulations now extend the benefits of reciprocal design protection to these countries, necessitating compliance with any new international obligations.
The Designs Regulations (Amendment) 1991 No. 455 does not explicitly state any new offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the amended Regulations could potentially lead to legal challenges or disputes, particularly if the changes impact the validity of patents or designs, or the rights and obligations of patent attorneys. While specific penalties are not outlined in these regulations, breaches of the Designs Act or related Acts could result in penalties under those primary statutes, which might include fines or other legal repercussions depending on the nature and severity of the breach.