EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 312
Issued by the Authority of the Minister for Science, Customs and Small Business
The Statutory Rules revoke existing Proclamations under subsections 108(1) and (3) of the Trade Marks Act 1955 (the Act) and declare Convention countries under subsection 108(1) of the Act. Declarations for the purposes of paragraph 108(3)(a) of the Act are also made by the proposed amendment. Details of the amendment are as follows:
Regulation 1 defines “the Act” and revokes the existing Proclamation made under subsection 108(1) of the Act and each of the existing Proclamations made under subsection 108(3) of the Act.
Regulation 2 inserts new regulation 11A into the Trade Marks Regulations. New subregulation 11A(1) declares, under subsection 108(1) of the Act, each of the countries specified in Schedule 4A to the Regulations to be a Convention country for the purposes of the Act. New subregulations 11A(2) and (3) make declarations for the purposes of paragraph 108(3)(a) of the Act, with the effect that an application for the registration of a trade mark that:
• in the case of subregulation 11A(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; and
• in the case of subregulation 11A(3), is made under the Benelux Convention Concerning Trade Marks:
is, in accordance with the terms of the treaty, to be treated as having been made in a Convention country.
Regulation 3 inserts new schedule 4A to the regulations. Schedule 4A lists the Convention countries for the purposes of the Act.