STATUTORY RULES.
1914. No. 190.
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PROVISIONAL REGULATION UNDER THE DESIGNS ACT 1906–1912, AND THE PATENTS, TRADE MARKS AND DESIGNS ACTS 1914.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Designs Act 1906–1912, and the Patents, Trade Marks and Designs Acts 1914, should come into operation as from the date of the commencement of the Patents, Trade Marks and Designs Acts 1914, and make the Regulation to come into operation as from that date as a Provisional Regulation.
Dated this 23rd day of December, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES.
Attorney-General.
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AMENDMENT OF DESIGNS (TEMPORARY) REGULATIONS 1914.
Statutory Rules 1914, No. 176.
The Designs (Temporary) Regulations 1914 are amended by adding at the end of Regulation 7 the following sub-regulations:—
“(2) When the Minister has issued to the Registrar a direction under this Regulation, the Registrar may require an applicant to furnish evidence, in such form as the Registrar directs, that he is not a subject of a State at war with the King.
“(3) Where, by reason only of the Registrar not having been furnished with the requisite evidence within the time prescribed for doing any act or taking any step in relation to an application, the act has not been done or the step taken within the prescribed time, the Registrar may, if he thinks fit, extend the time prescribed for doing the act or taking the step, unless he is satisfied that unnecessary delay has occurred in connexion with the furnishing of the evidence.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.17322.—Price 3d.
Overview
The Provisional Regulation under the Designs Act 1906–1912, and the Patents, Trade Marks and Designs Acts 1914, was enacted in 1914 by the Governor-General in Council, with the urgency driven by the onset of World War I. This legislation aimed to address the practical challenges faced by the Registrar of Designs in managing applications during a period of international conflict. The policy objective of the amendment, as reflected in the statutory rules, was to ensure that the administration of designs, patents, trade marks, and designs could continue effectively while accommodating the unique circumstances of the time. The specific concern addressed by this regulation was the need to verify the allegiance of applicants in light of Australia's involvement in the war, ensuring that the intellectual property processes were not compromised by individuals aligned with hostile nations.
Scope and Application
The Provisional Regulation under the Designs Act 1906–1912, and the Patents, Trade Marks and Designs Acts 1914 applies to applicants for designs, patents, trade marks, and other related intellectual property protections within the Commonwealth of Australia. The regulation specifically targets applicants who must provide evidence that they are not subjects of a State at war with the King. This requirement underscores a national security concern during the period of its enactment, ensuring that intellectual property protections are not extended to entities that may be in conflict with the Commonwealth. The regulation also provides the Registrar with the discretion to extend time limits for processing applications if the delay is due to the non-submission of necessary evidence, thus allowing for some flexibility while maintaining oversight. The regulation is a Commonwealth measure, extending its application across the entire nation, and it does not specify exclusions or exemptions beyond the scope mentioned. The regulation's urgency and temporary nature are highlighted by its status as a Provisional Regulation, indicating that it may be subject to further amendments or replacement by subsequent legislation.
Key Provisions
The main operative sections of the Statutory Rules 1914, No. 190, pertain to the amendment of the Designs (Temporary) Regulations 1914. Specifically, under Regulation 7, two sub-regulations are added. Sub-regulation (2) mandates that when the Minister issues a direction to the Registrar, the latter may require an applicant to provide evidence demonstrating they are not a subject of a State at war with the King. Sub-regulation (3) stipulates that if an applicant fails to furnish the necessary evidence within the prescribed timeframe, resulting in a missed deadline for an act or step in the application process, the Registrar has the discretion to extend the deadline unless it is determined that the delay was unnecessary.
The Act imposes several obligations on the parties involved. Firstly, applicants must provide the required evidence as directed by the Registrar to prove they are not subjects of a State at war with the King. Secondly, the Registrar has the authority to require this evidence and may extend deadlines if the delay in providing evidence is deemed not to have been unnecessary. This regulatory framework ensures that the application process adheres to national security considerations during times of conflict.
Failure to comply with the provisions of these regulations can result in several consequences. For instance, if an applicant does not furnish the required evidence on time, the Registrar may not proceed with the application, potentially leading to its abandonment. Additionally, if the Registrar determines that there has been an unnecessary delay in providing the evidence, they are not obliged to extend the deadline. Such breaches could result in the application not being processed in a timely manner, with possible implications for the applicant's rights and entitlements under the Designs Act 1906–1912 and the Patents, Trade Marks and Designs Acts 1914. While the specific penalties for non-compliance are not detailed in the text, they may include administrative fines or other sanctions as prescribed by relevant laws.