STATUTORY RULES.
1940. No. 82.
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REGULATIONS UNDER THE PATENTS TRADE MARKS, DESIGNS AND COPYRIGHT (WAR POWERS) ACT 1939.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939.
Dated this Third
day of May , 1940.
Governor-General.
By His Excellency’s Command,
(Sgd.) W. M. HUGHES.
Attorney-General.
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Amendments of the Patents, Trade Marks, Designs and Copyright (War Powers) Regulations.†
Hearing of persons interested.
1. Regulation 7 of the Patents, Trade Marks, Designs and Copyright (War Powers) Regulations is amended by omitting from sub-regulation (1.) the word “this” and inserting in its stead the word “the”.
2. Regulation 10 of the Patents, Trade Marks, Designs and Copyright (War Powers) Regulations is repealed and the following regulation inserted in its stead:—
Payment of fees in certain cases.
“10.—(1.) Where any person satisfies the Commissioner or Registrar that he proposes to make, or has made, an application under section 6 or section 7 of the Act, the Commissioner or Registrar may permit that person to pay any fee necessary to enable the sealing of the patent or registration of the trade mark or design, in respect of which the application is proposed to be made, or has been made, to be effected.
“(2.) Where a licence (whether granted under the Act or otherwise) is in force in respect of a patent or registered design of which an enemy subject is, or has been, during the present state of war, the proprietor, the Commissioner or Registrar may permit the licensee to pay any fee necessary to maintain the grant of the patent or registration of the design.”.
* Notified in the Commonwealth Gazette on , 1940.
† Statutory Rules 1939, No. 175.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2227.—6/16.4.1940.—Price 3d.
Overview
The Patents, Trade Marks, Designs and Copyright (War Powers) Regulations 1940 were enacted by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument was introduced to address the unique challenges posed by wartime conditions on the administration of patents, trademarks, designs, and copyright in Australia. The Regulations were made under the authority of the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939, which aimed to provide necessary powers to manage intellectual property rights during times of conflict. The policy objective of these Regulations was to ensure the smooth functioning of the intellectual property system, allowing for adjustments in procedures and fees to accommodate the extraordinary circumstances of war. This included provisions for the payment of necessary fees in specific cases, such as applications for patents or trademarks by individuals proposing to make an application or already having made one, as well as for the maintenance of grants where enemy subjects were involved.
Scope and Application
The Regulations made under the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939 apply to individuals and entities involved in patents, trade marks, designs, and copyright matters during times of war. Specifically, these regulations govern the administrative processes surrounding applications and maintenance of patents and registered designs during wartime, particularly when dealing with enemy subjects. The scope of these regulations extends to the Commonwealth of Australia and is effective during the present state of war as defined by the Act. These regulations permit the Commissioner or Registrar to waive certain fees for individuals making or proposing to make applications under the Act, as well as for licensees of patents or registered designs owned by enemy subjects. Notably, the regulations allow for modifications in administrative procedures to facilitate smoother operations under wartime conditions, while maintaining the integrity of the patent and copyright system.
Key Provisions
The main operative sections of these regulations, made under the Patents, Trade Marks, Designs and Copyright (War Powers) Act 1939, include amendments and new provisions that address the payment of fees for patents and trade marks during wartime. Regulation 7 has been amended to clarify the procedure for persons interested in applying for or registering patents or trade marks, while Regulation 10 introduces new provisions concerning the payment of fees in specific circumstances (Reg. 1(1), (2)). These provisions aim to facilitate the continuation of patent and trade mark activities despite the challenges posed by wartime conditions.
The regulations impose specific obligations and requirements on parties seeking to apply for or maintain patents and trade marks during wartime. For instance, any person who intends to make an application under section 6 or section 7 of the Act must satisfy the Commissioner or Registrar of their intention. Once satisfied, the Commissioner or Registrar may permit the person to pay any necessary fees to seal the patent or register the trade mark or design (Reg. 10(1)). Additionally, if a licence is in force in respect of a patent or registered design owned by an enemy subject, the Commissioner or Registrar may also permit the licensee to pay the necessary fees to maintain the grant of the patent or registration of the design (Reg. 10(2)).
Failure to comply with the provisions of these regulations may result in civil or administrative consequences. While the regulations themselves do not explicitly state penalties for non-compliance, the overarching Act and other relevant laws might impose penalties for breaches. Under the Patents Act 1990, for example, failure to pay prescribed fees can lead to the abandonment of an application or registration. The potential consequences underscore the importance of adhering to the regulations' requirements to avoid legal complications.