AU038: Patents, Regulations (Amendment), 18/11/1994, No. 387
Statutory Rules 1994 No. 3871
Patents Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Patents Act 1990.
Dated 18 November 1994.
BILL HAYDEN
Governor-General
By His Excellency's Command,
C. SCHACHT
Minister for Small Business, Customs and Construction
1. Commencement
[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]
2. Amendment
2.1 The Patents Regulations are amended as set out in these Regulations.
3.1 Insert the following definitions:
"'AIPO' means the division of the Department that is known as the Australian Industrial Property Organisation;
'Chairperson' means Chairperson of the Board;".
3.2 Definition of "member":
Omit "Commissioner;", substitute "Chairperson;".
Omit the paragraph, substitute:
"(a) the Chairperson; and".
Omit the subregulation, substitute:
"(3) The Minister may appoint in writing as the Chairperson a person who holds, or performs the duties of, a Senior Executive Service office in AIPO.
"(4) The instrument of appointment must be published in the Official Journal.".
Omit "Commissioner", substitute "Chairperson".
6.1 Omit "Commissioner" (wherever occurring), substitute "Chairperson".
7.1 Omit "Commissioner" (twice occurring), substitute "Chairperson".
Omit the subregulation, substitute:
"(1) The Minister may appoint in writing as the Secretary to the Board a person who holds, or performs the duties of, an office in AIPO.
"(1A) The instrument of appointment must be published in the Official Journal.".
9. Schedule 5 (Prescribed subjects)
9.1 Items 6, 7 and 8:
Omit the items, substitute:
"6 Validity and Infringement of Patents
7 Patent Attorneys' Practice, Part 1
8 Patent Attorneys' Practice, Part 2".
10. Saving
10.1 A person who before 30 May 1995:
(a) passed a subject specified in column 2 of an item in the following table; or
is taken to have passed the subject specified in column 3 of the item:
Column 1
Item |
Column 2
Subject specified in Schedule 5 to the Patents Regulations as in force before 30 May 1995 |
Column 3
Subject specified in Schedule 5 to the Patents Regulations as in force on 30 May 1995 |
1 |
Interpretation and Criticism of Specifications |
Validity and Infringement of Patents |
2 |
Patent, Trade Marks and Designs Law and Practice of Countries other than Australia |
Patent Attorneys' Practice, Part 1 |
3 |
Patent Attorneys' Practice |
Patent Attorneys' Practice, Part 2 |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 21 November 1994.
2. Statutory Rules 1991 No. 71 as amended by 1991 No. 456; 1992 No. 148; 1993 Nos. 113, 227, 340 and 341; 1994 Nos. 182 and 317.