EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 311
Issued by the Authority of the Minister for Science, Customs and Small Business
The Statutory Rules revoke existing Proclamations under subsections 123(2), 140(1) and 140(3) of the Patents Act 1952 (the Act) and declare Convention countries under subsection 140(1) of the Act. Declarations for the purposes of subsection 123(2) and 140(3) of the Act will also be made by the proposed amendment. Details of the amendment are as follows:
Regulation 1 Subregulation 1(1) defines “the Act”; subregulation 1(2) revokes the existing Proclamation made under subsection, 123(2) of the Act; and subregulation 1(3) revokes the two existing Proclamations made under subsection 140(1) of the Act and the four existing Proclamations made under subsection 140(3) of the Act.
Regulation 2 inserts new regulation 10B. New subregulation 10B(1) declares, under subsection 140(1) of the Act, each of the countries specified in Schedule 4 to the Regulations to be a Convention country for the purposes of the Act. New subregulations 10B(2), (3) and (4) make declarations for the purposes of paragraph 140(3)(a) of the Act, with the effect that an application for a patent or similar protection in respect of an invention that:
• in the case of subregulation 10B(2), is made under the Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property;
• in the case of subregulation 10B(3), is made under the Convention on the Grant of European Patents; and
• in the case of subregulation 10B(4), is an international application within the meaning of the Treaty (which is defined in Part IVA of the Act as being the Patent Cooperation Treaty);
is, in accordance with the terms of the treaty, to be treated as having been made in a Convention country.
Regulation 3 inserts new regulation 80A which declares, for the purposes of the definitions of “foreign vessel” and “foreign aircraft” in subsection 123(2) of the Act, that the laws of each country specified in Part I of Schedule 4 confer corresponding rights within the meaning of that subsection with respect to vessels, aircraft and land vehicles of Australia.
Regulation 4 inserts new Schedule 4 to the Regulations which lists the countries which are Convention countries. The countries listed in Part I of Schedule 4 are also countries whose laws confer corresponding rights with respect to vessels, aircraft and land vehicles of Australia under section 123 of the Act.