Trade Marks Regulations (Amendment) 1993 No. 117
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 117
Issued by the Authority of the Minister for Science and Small Business Trade Marks Act 1955
Trade Marks Regulations (Amendment)
The Statutory Rules amend the Trade Marks Regulations (the Regulations) to vary certain fees payable under the Regulations; and to vary the costs, expenses and allowances that may be awarded in proceedings before the Registrar. Details of the amendments are as follows:
Regulation 1 sets 1 July 1993 as the commencement day for the regulations. Regulation 2 identifies the Trade Marks Regulations as those to be amended.
Regulation 3 amends subregulation 4(3), consequent on the renumbering of items in Schedule 2 to the Regulations.
Regulation 4 substitutes a revised Schedule 2 to the Regulations. The items differ from existing items in the level of fees except for items 1(a), 3, 9, 11, 12 and 13 which remain unchanged. Consequent on the introduction of new item 2 the items in Schedule 2 have been renumbered.
In addition, some of the items have been revised to effect structural changes to the fees to better align them with their costs, and to improve consistency with similar fee items in other legislation administered by the Australian Industrial Property Organisation (AIPO). Some items have also been revised to reflect the latest drafting style and to improve their clarity. The overall effect of the revised fees is an increase of 2 per cent on average in fee levels. This increase will enable AIPO to meet its cost recovery obligations.
Regulation 5 inserts a revised Schedule 6 to the Regulations which sets out items and amounts of costs, expenses and allowances that can be awarded, taxed, allowed and certified in relation to proceedings before the Registrar. The amounts in Part 1 and in Division 1 of Part 2 are set to retain parity with the charges set under the Rules of the Australian Capital Territory Supreme Court (the ACT SC Rules). Division 2 of Part 2, including the amounts specified, is modelled on the corresponding provisions of the Administrative Appeals Tribunal Regulations (the AAT Regulations). The Trade Marks Regulations (Amendment) realigns the amounts of costs, expenses and allowances to those currently prescribed under the ACT SC Rules and the AAT Regulations.
In addition, clause 2 in Part 2 in Schedule 6 has been amended to correct an unintended effect. The amendment allows a person attending proceedings before the Registrar to be paid a reasonable amount for allowances for transport without this being subject to a maximum daily limit.
Overview
The Trade Marks Regulations (Amendment) 1993 No. 117 was enacted to update the Trade Marks Regulations under the Trade Marks Act 1955. This legislative amendment was issued by the Minister for Science and Small Business to address the need for fee adjustments and cost realignments in the administration of trade marks in Australia. The policy objective of these amendments is to ensure that fees charged under the Trade Marks Regulations align with the operational costs of the Australian Industrial Property Organisation (AIPO) and to maintain parity with costs set under the Rules of the Australian Capital Territory Supreme Court and the Administrative Appeals Tribunal Regulations. This adjustment is intended to ensure AIPO can meet its cost recovery obligations while maintaining consistency and clarity in fee structures across related legislative frameworks.
Scope and Application
The Trade Marks Regulations (Amendment) 1993 No. 117 applies to the Trade Marks Regulations under the Trade Marks Act 1955, which governs the registration, protection, and enforcement of trademarks in Australia. This amendment affects the fees payable for various trademark-related services and the costs, expenses, and allowances that may be awarded in proceedings before the Registrar of Trademarks. The regulations apply nationally across Australia, with the changes set to take effect from 1 July 1993. The amendment introduces revised fee structures to better align with the costs involved and improve consistency with fees in other legislation administered by the Australian Industrial Property Organisation (AIPO). Additionally, the amendment modifies the costs, expenses, and allowances awarded in proceedings before the Registrar, realigning them with the Australian Capital Territory Supreme Court Rules and the Administrative Appeals Tribunal Regulations. The amendment does not specify exclusions or exemptions, but rather focuses on updating the financial aspects of trademark administration to ensure AIPO can meet its cost recovery obligations.
Key Provisions
The Trade Marks Regulations (Amendment) 1993 No. 117, issued under the authority of the Minister for Science and Small Business, primarily focuses on the modification of certain fees and costs associated with trade marks. Regulation 1 specifies that these amendments come into effect on 1 July 1993. Regulation 2 identifies the Trade Marks Regulations as the document subject to these changes. Regulation 3 renumbers items in Schedule 2 of the Regulations due to changes in the items' structure. Regulation 4 replaces the existing Schedule 2 with a revised version, maintaining the same fees for items 1(a), 3, 9, 11, 12 and 13, while adjusting others to align better with the costs and to standardise with similar fees in other legislation. This results in an average 2% increase in fee levels. Regulation 5 introduces a revised Schedule 6, setting the costs, expenses and allowances that can be awarded in proceedings before the Registrar, aligning these with the Australian Capital Territory Supreme Court Rules and the Administrative Appeals Tribunal Regulations.
The Trade Marks Regulations (Amendment) imposes specific obligations on parties and entities governed by the Trade Marks Act 1955. These obligations include compliance with the amended fees outlined in the new Schedule 2 and adherence to the new costs, expenses and allowances specified in the revised Schedule 6. Entities must ensure that their practices are updated to reflect these changes, particularly when engaging in proceedings before the Registrar. The amendments are intended to standardise and clarify the fee structure and to ensure that the Australian Industrial Property Organisation can meet its cost recovery obligations effectively.
The Trade Marks Regulations (Amendment) does not explicitly state specific offences, penalties, or consequences for non-compliance. However, under the Trade Marks Act 1955, failure to comply with the regulations could potentially lead to civil consequences such as fines or legal actions. The penalties for such breaches are not detailed within the amendment itself but would be subject to the broader provisions of the Trade Marks Act. It is important for entities to ensure they are fully compliant with these regulations to avoid any potential legal repercussions.