Trade Marks Regulations (Amendment) 1994 No. 181
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 181
Issued by the Authority of the Minister for Small Business, Customs and Construction
Trade Marks Act 1955
Trade Marks Regulations (Amendment)
The Statutory Rules amend the Trade Marks Regulations (the Regulations) to provide new regulations for the delegation provisions of the Trade Marks Act 1955 (the Act) as amended by the Industry, Technology and Regional Development Legislation Amendment Act 1994, 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 Trade Marks Regulations as those to be amended.
Regulation 3 inserts new regulation 72A of the Regulations to provide that, for the purposes of paragraph 11(1)(a) of the Act, a prescribed person to whom the powers of the Registrar of Trade Marks (the Registrar) under the Act may be delegated, other than the Registrar's powers under paragraphs 119(a) and (c) of the Act, is a person specified in new Schedule 7 to the Regulations, being a person holding or performing the duties of an Australian Public Service office in the Trade Marks Office (see regulation 5).
Regulation 4 amends Schedule 4A to the Regulations to insert Bosnia and Herzegovina, E1 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, by virtue of subregulation 11A(1) of the Regulations, each of those countries is declared, under subsection 108(1) of the Act, to be a Convention country for the purposes of the Act.
Regulation 5 inserts new Schedule 7 to the Regulations for the purposes of new regulation 72A of the Regulations (see regulation 3).