Patents Regulations (Amendment) 1994 No. 182
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 182
Issued by the Authority of the Minister for Small Business, Customs and Construction
Patents Act 1990
Patents Regulations (Amendment)
The Statutory Rules amend the Patents Regulations (the Regulations) to provide new regulations for the delegation provisions of the Patents Act 1990 (the Act) as amended by the Industry, Technology and Regional Development Legislation Amendment Act 1994 (the Portfolio Act), and to update the list of Convention countries.
Details of the regulations made by these Statutory Rules are as follows:
Regulation 1 sets 29 June 1994 as the commencement day for the regulations.
Regulation 2 identifies the Patents Regulations as those to be amended.
Regulation 3 inserts new regulation 21.2 of the Regulations to provide that, for the purposes of subsection 209(1) of the Act, a prescribed employee to whom the powers and functions of the Commissioner of Patents (the Commissioner) under the Act may be delegated, other than the Commissioner's powers and functions under paragraphs 210(a) and (c) of the Act, is a person specified in new Schedule 6A to the Regulations (see regulation 5). The term "employee" is defined in Schedule 1 to the Act (as amended by the Portfolio Act) and includes an officer or employee within the meaning of the Public Service Act 1922 employed in the Patent Office.
Regulation 4 amends Part 1 of Schedule 4 to the Regulations to insert Bosnia and Herzegovina, El Salvador, Georgia, Honduras, Kyrgyzstan, Lithuania, Paraguay, Taiwan, Tajikistan, and The former Yugoslav Republic of Macedonia in the list of Convention countries, with the effect that, under subregulation 8.5(1) of the Regulations, each of those countries is declared to be a Convention country for the purposes of the definition of "Convention country" in the Act.
Regulation 5 inserts new Schedule 6A to the Regulations for the purposes of new regulation 21.2 of the Regulations (see regulation 3).
Overview
The Patents Regulations (Amendment) 1994 No. 182 amends the Patents Regulations under the Patents Act 1990 to address the need for updated delegation provisions and to include additional countries in the list of Convention countries. Enacted by the Australian Parliament, this amendment was made to ensure that the administration of patent law can effectively delegate certain powers and functions of the Commissioner of Patents, while excluding specific powers related to international treaties and arrangements, and to reflect changes in international patent law by updating the list of countries that are party to the Paris Convention for the Protection of Industrial Property. The policy objective is to streamline the administration of patent law and to ensure that Australia's patent regulations remain in alignment with international standards and practices.
Scope and Application
The Patents Regulations (Amendment) 1994 No. 182 amends the Patents Regulations 1990 to implement changes under the Patents Act 1990 and the Industry, Technology and Regional Development Legislation Amendment Act 1994. This amendment applies to the delegation of powers and functions of the Commissioner of Patents, excluding certain powers and functions, to specified employees within the Patent Office. These employees are detailed in the newly inserted Schedule 6A, which specifies who can be delegated these powers, thereby extending the Commissioner's capabilities in administering patent-related matters. Furthermore, the amendment updates the list of Convention countries by adding Bosnia and Herzegovina, El Salvador, Georgia, Honduras, Kyrgyzstan, Lithuania, Paraguay, Taiwan, Tajikistan, and The former Yugoslav Republic of Macedonia, thereby aligning the list with the latest international agreements. The regulations, which commenced on 29 June 1994, also incorporate amendments to reflect changes in the definition of "employee" under the Public Service Act 1922, ensuring that the personnel managing patents are clearly defined and authorised.
Key Provisions
The Patents Regulations (Amendment) 1994 No. 182, issued under the authority of the Minister for Small Business, Customs and Construction, introduces amendments to the Patents Regulations, 1990, to align with the legislative changes brought about by the Industry, Technology and Regional Development Legislation Amendment Act 1994. The main operative sections of these regulations are Regulation 3, which inserts new regulation 21.2, and Regulation 5, which introduces a new Schedule 6A. Regulation 1 establishes 29 June 1994 as the effective date for these amendments, while Regulation 2 identifies the specific Regulations that will be amended.
The obligations imposed by these regulations primarily concern the delegation of powers and functions of the Commissioner of Patents. Regulation 3 provides that the powers and functions of the Commissioner, except for those under paragraphs 210(a) and (c) of the Patents Act 1990, may be delegated to a prescribed employee as defined in new Schedule 6A. This means that certain responsibilities of the Commissioner can now be entrusted to specified employees, enhancing operational efficiency within the Patent Office. Regulation 4 further amends the list of Convention countries, updating the list to include Bosnia and Herzegovina, El Salvador, Georgia, Honduras, Kyrgyzstan, Lithuania, Paraguay, Taiwan, Tajikistan, and The former Yugoslav Republic of Macedonia, thereby expanding the scope of international patent cooperation.
In terms of compliance and enforcement, these regulations do not explicitly outline specific offences or penalties for breaches. However, the overarching Patents Act 1990 provides a framework for handling breaches, including potential civil and criminal penalties. For instance, under the Act, actions that contravene the provisions related to patent rights can lead to penalties, which may include fines or imprisonment. The exact penalties depend on the nature and severity of the breach, with the maximum penalties being determined by the courts based on the specific circumstances of each case. It is essential for parties subject to these regulations to ensure adherence to the requirements to avoid potential legal repercussions.