Patents Regulations (Amendment) 1998 No. 56
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 56
Issued by the Authority of the Minister for Industry, Science and Tourism
Patents Act 1990
Patents Regulations (Amendment)
The Statutory Rules amend the Patents Regulations (the Regulations) to:
* create the new Professional Standards Board for Patent and Trade Marks Attorneys to replace the existing Patent Attorneys Professional Standards Board;
* provide for a broader based membership for the new board;
* revise provisions relating to the resignation or removal of members;
* provide transitional arrangements to preserve decisions made by the superseded board.
Details of the amendments made by these Statutory Rules are as follows;
Regulation 1 provides that the Regulations will commence on Gazettal.
Regulation 2 identifies the Patents Regulations as those amended.
Regulation 3.1 removes the definition of AIPO as the amendment to regulation 20.32 made by Regulation 6.1 makes it redundant.
Regulation 3.2 removes the old definition of the Board and substitutes the definition of the Professional Standards Board for Patent and Trade Marks Attorneys.
Regulation 3.3 removes the definition of "member" to accord with current drafting style.
Regulation 4 simplifies administration by removing the existing addresses for servicing of documents and provides for all documents to be sent to the Professional Standards Board for Patent and Trade Marks Attorneys.
Regulation 5 revises the title of Division 1 of Part 5 in Chapter 20 to reflect the changed name of the board to the Professional Standards Board for Patent and Trade Marks Attorneys.
Regulation 6 removes the existing provision for membership of the Board and reconstitutes the Board to comprise the Chairperson, an ex officio member and at least two persons appointed by the Minister.
Regulations 7 removes provisions for the election of members required for the previous board.
Regulation 8 revises the provisions for the appointment of members consequent on the changes so that the Minister may appoint persons for up to three years provided the person has not turned 65 or will not turn 65 during the period of the appointment.
Regulation 9 redrafts the provisions on the removal of members from the board to provide that members must seek leave of absence, if convicted of an offence punishable by imprisonment for at least 12 months, cannot perform the duties, has behaved in an offensive manner, is inefficient or has become a bankrupt.
Regulation 10 removes provisions for the replacement of elected members required for the previous board.
Regulation 11 revises the quorum requirements following the change in membership.
Regulation 12 removes the provisions for the appointment of the Secretary so that secretariat support become an administrative matter and substitutes a provision allowing the board to grant leave to the Chairman.
Regulations 13, 14, 15, 16 and 17 provide for the continued effect of decisions and actions taken by the previous board so that no person is disadvantaged by the changed provisions.
Overview
The Patents Regulations (Amendment) 1998 No. 56, issued by the authority of the Minister for Industry, Science and Tourism, amends the Patents Regulations 1991 under the Patents Act 1990. This amendment was introduced to address the need for an updated framework governing the standards and conduct of patent and trade marks attorneys in Australia. The principal objective of the amendment is to enhance the governance structure of the Professional Standards Board for Patent and Trade Marks Attorneys, ensuring it is better equipped to uphold professional standards within the industry. The changes include the establishment of a new board with a broader membership base and revised provisions for the resignation or removal of board members, along with transitional arrangements to maintain the continuity of decisions made by the previous board.
Scope and Application
The Patents Regulations (Amendment) 1998 No. 56, issued under the authority of the Minister for Industry, Science and Tourism, amends the existing Patents Regulations to bring about significant changes to the administrative framework governing patent and trade mark attorneys. These amendments establish the new Professional Standards Board for Patent and Trade Marks Attorneys, effectively replacing the former Patent Attorneys Professional Standards Board. This new board will have a broader-based membership, including a Chairperson, an ex officio member, and at least two members appointed by the Minister, who may serve terms of up to three years provided they have not turned 65 or will not turn 65 during the appointment period. The amendments also revise the conditions under which members can be removed from the board, such as upon conviction of an offence punishable by imprisonment for at least 12 months, inability to perform duties, offensive behaviour, inefficiency, or bankruptcy. These changes ensure that the board operates efficiently while maintaining the integrity and effectiveness of its regulatory functions. The amendments also include transitional arrangements to preserve decisions made by the superseded board, ensuring continuity in the administration of patent and trade mark attorney standards.
Key Provisions
The Patents Regulations (Amendment) 1998 No. 56 primarily focuses on the establishment of a new Professional Standards Board for Patent and Trade Marks Attorneys, replacing the existing Patent Attorneys Professional Standards Board. The amendments are detailed in various regulations, each addressing different aspects of the board's structure and operations. For instance, Regulation 3.2 removes the old definition of the Board and introduces a new definition for the Professional Standards Board for Patent and Trade Marks Attorneys, thereby formalising the change in the board's name and scope. Regulation 4 simplifies administrative procedures by removing old addresses for document service and mandating that all documents be sent to the new board.
The obligations and requirements imposed by these amendments include the reconstitution of the board's membership, as specified in Regulation 6, which now comprises a Chairperson, an ex officio member, and at least two persons appointed by the Minister. The appointment of these members, as outlined in Regulation 8, must adhere to certain conditions, such as the appointee not turning 65 during their term. Furthermore, Regulation 9 introduces new criteria for the removal of members, including being convicted of an offence punishable by imprisonment for at least 12 months or exhibiting offensive behaviour, inefficiency, or bankruptcy. These amendments are designed to enhance the board's functionality and accountability.
In terms of offences, penalties, or consequences for breach, the amendments do not explicitly state penalties but imply that failure to comply with the new requirements could lead to invalid decisions or actions. The transitional provisions in Regulations 13 to 17 ensure that decisions made by the previous board remain in effect, thereby safeguarding against any legal or administrative disruptions. These provisions aim to preserve continuity and protect stakeholders from potential disadvantages arising from the changes in the board's structure and operations.