EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 79
Issued by the Authority of the Minister for Science and Technology
The purpose of the attached Regulations made under the Trade Marks Act 1955 (the Act) is to remove from the Trade Marks Regulations provisions rendered superfluous by virtue of the commencement of the Trade Marks Amendment Act 1981 and to make a formal amendment to the Third Schedule to the Trade Marks Regulations.
The Trade Marks Amendment Act 1981 (No. 43 of 1981), which came into operation on 22 June 1981, amended sub-section 103 (4) of the Act. Until the amendment, section 103 (4) of the Act provided that the Comptroller-General of Customs, when requested to seize imported goods under section 103 of the Act, may require the giving of security in accordance with the regulations. The provisions of regulation 64 of the Trade Marks Regulations relate to the giving of such security.
The provisions for the giving of security under section 103 of the Act are now included in amended sub-section 103 (4) and the provisions of regulation 64 are therefore superfluous. The attached regulation 1 repeals the superfluous provisions of regulation 64. The attached regulation 3 provides a saving clause to enable goods imported prior to the commencement of the Trade Marks Amendment Act 1981 to be covered by the provisions of existing regulation 64.
Article 2 of the Third Schedule to the Trade Marks Regulations contains a reference to the International Standards Organisation. The correct title of this body is the International Organization for Standardization. The attached regulation 2 corrects the reference to the title of this organisation.