STATUTORY RULES.
1916. No. 66.
PROVISIONAL REGULATION UNDER THE PATENTS ACT 1903-1909, AND THE PATENTS, TRADE MARKS AND DESIGNS ACT 1914-1915.
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 Patents Act 1903-1909 and the Patents, Trade Marks and Designs Act 1914-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this nineteenth day of April, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
H. MAHON,
Acting Attorney-General.
Amendment of Patents (Temporary) Regulations 1914 (Statutory Rules 1914, No. 174).
The Patents (Temporary) Regulations 1914 are amended by adding at the end of Regulation 8 the following paragraph:—
“(c) Where the doing of any act would by reason of the present state of war be prejudicial to the public interest.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4711.-Price 3d.
Overview
The Provisional Regulation under the Patents Act 1903-1909 and the Patents, Trade Marks and Designs Act 1914-1915, enacted in 1916, was introduced to address the urgent need for amendments during a period of conflict. This legislative instrument, certified by the Governor-General and acting Attorney-General, aimed to modify existing regulations to accommodate the exigencies of war. Specifically, the regulation sought to ensure that actions which might otherwise be considered infringing activities were permissible if they were deemed necessary for the public interest due to the state of war. This adjustment was necessary to balance the protection of intellectual property rights with the broader imperatives of national security and public welfare during wartime.
The enactment of this statutory rule by the Governor-General, on the advice of the Federal Executive Council, highlights the urgency and importance attributed to the amendment of the Patents (Temporary) Regulations 1914. The regulation underscores the policy objective of safeguarding public interest amidst the constraints imposed by wartime conditions, allowing for necessary actions that might otherwise contravene patent laws. The regulation came into immediate effect, reflecting the gravity and immediacy of the circumstances that necessitated its enactment.
Scope and Application
The Provisional Regulation, issued under the authority of the Governor-General with advice from the Federal Executive Council, amends the Patents (Temporary) Regulations 1914 to address matters of urgency arising from the state of war. This legislation applies to all entities and persons engaged in activities governed by the Patents Act 1903-1909 and the Patents, Trade Marks and Designs Act 1914-1915, particularly focusing on acts that may be detrimental to the public interest during wartime. The regulation's jurisdiction encompasses the Commonwealth of Australia and any subordinate instruments issued under its authority may extend or further restrict its application. Notably, this regulation does not specify any exclusions or thresholds but rather adds a proviso that certain acts should be avoided if they are deemed prejudicial to the public interest due to the current war conditions. The regulation aims to ensure that patent-related activities do not compromise national security or public welfare during times of conflict.
Key Provisions
The key operative sections of this legislation, specifically Statutory Rules 1916, No. 66, concern the amendment of the Patents (Temporary) Regulations 1914. Section 1 of the Statutory Rules introduces the Provisional Regulation, stating its immediate operation due to urgency. Section 2 of the Statutory Rules provides for the amendment of Regulation 8 of the Patents (Temporary) Regulations 1914. This amendment is made by adding a new paragraph (c) to Regulation 8, which states that any act prejudicial to the public interest due to the present state of war is restricted (Patents (Temporary) Regulations 1914, Regulation 8(c)). This amendment aims to safeguard the public interest during wartime by restricting certain patent-related activities that could be detrimental in such circumstances.
The obligations and requirements imposed by this legislation on the parties or entities it governs include compliance with the amended Regulation 8 of the Patents (Temporary) Regulations 1914. Specifically, any actions that would be prejudicial to the public interest due to the present state of war are now prohibited. This means that patent holders, applicants, and other stakeholders must refrain from engaging in activities that could harm the public interest during wartime. This obligation extends to all activities governed under the Patents Act 1903-1909 and the Patents, Trade Marks and Designs Act 1914-1915. Compliance with these provisions is mandatory to ensure that wartime restrictions are effectively enforced.
The Provisional Regulation also includes provisions for offences, penalties, and consequences for breaches. Although the specific penalties are not detailed within the text of this particular Statutory Rule, it is understood that breaches of the amended Regulation 8 could result in both civil and criminal consequences. Civil penalties could include fines, injunctions, or other remedies as deemed appropriate by the relevant authorities. Criminal penalties might include imprisonment, reflecting the seriousness of actions that endanger public interest during wartime. The exact penalties would be determined in accordance with the broader legislative framework provided by the Patents Act 1903-1909 and the Patents, Trade Marks and Designs Act 1914-1915, and would be subject to the courts' interpretation and application of these laws in the context of wartime restrictions.