Intellectual Property Laws Amendment
(Raising the Bar) Act 2012
No. 35, 2012 as amended
Compilation start date: 15 April 2013
Includes amendments up to: Act No. 31, 2014
Prepared by the Office of Parliamentary Counsel, Canberra
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About this compilation
This compilation
This is a compilation of the Intellectual Property Laws Amendment (Raising the
Bar) Act 2012 as in force on 15 April 2013. It includes any commenced
amendment affecting the legislation to that date.
This compilation was prepared on 3 June 2014.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.
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Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1—Raising the quality of granted patents 3
Part 1—Main amendments 3
Patents Act 1990 3
Part 2—Balance of probabilities test 14
Patents Act 1990 14
Part 3—Application, savings and transitional provisions 16
Schedule 2—Free access to patented inventions for regulatory
approvals and research 21
Part 1—Amendment 21
Patents Act 1990 21
Part 2—Application of amendment 23
Schedule 3—Reducing delays in resolution of patent and trade
mark applications 24
Part 1—Amendments 24
Patents Act 1990 24
Trade Marks Act 1995 29
Part 2—Application and transitional provisions 34
Schedule 4—Assisting the operations of the IP profession 36
Patents Act 1990 36
Trade Marks Act 1995 46
Schedule 5—Improving mechanisms for trade mark and
copyright enforcement 54
Part 1—Customs seizure 54
Copyright Act 1968 54
Trade Marks Act 1995 60
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Part 2—Trade Mark offences 68
Trade Marks Act 1995 68
Part 3—Relief for infringement of trade marks 75
Trade Marks Act 1995 75
Schedule 6—Simplifying the IP system 76
Part 1—Amendments 76
Designs Act 2003 76
Patents Act 1990 79
Plant Breeder’s Rights Act 1994 96
Trade Marks Act 1995 97
Part 2—Application and savings provisions 103
Endnotes 107
Endnote 1—About the endnotes 107
Endnote 2—Abbreviation key 109
Endnote 3—Legislation history 110
Endnote 4—Amendment history 111
Endnote 5—Uncommenced amendments [none] 112
Endnote 6—Modifications [none] 112
Endnote 7—Misdescribed amendments [none] 112
Endnote 8—Miscellaneous [none] 112
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An Act to amend legislation relating to intellectual
property, and for related purposes
1 Short title
This Act may be cited as the Intellectual Property Laws
Amendment (Raising the Bar) Act 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3
and anything in
this Act not
The day this Act receives the Royal Assent. 15 April 2012
elsewhere covered
by this table
2. Schedule 1 The day after the end of the period of 12
months beginning on the day this Act
receives the Royal Assent.
15 April 2013
3. Schedule 2 The day after this Act receives the Royal
Assent.
16 April 2012
4. Schedules 3 to
5
The day after the end of the period of 12
months beginning on the day this Act
receives the Royal Assent.
15 April 2013
5. Schedule 6,
items 1 to 86
The day after the end of the period of 12
months beginning on the day this Act
receives the Royal Assent.
15 April 2013
6. Schedule 6,
item 87
The day after this Act receives the Royal
Assent.
16 April 2012
7. Schedule 6,
items 88 to 134
The day after the end of the period of 12
months beginning on the day this Act
receives the Royal Assent.
15 April 2013
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Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Raising the quality of granted patents Schedule 1
Main amendments Part 1
Schedule 1—Raising the quality of granted patents
Part 1—Main amendments
Patents Act 1990
1 Section 3 (in the list of definitions)
Insert “preliminary search and opinion”.
2 Subsection 7(2)
Omit “in the patent area”, substitute “(whether in or out of the patent
area)”.
Note: The heading to section 7 is altered by omitting “and inventive step” and substituting “, inventive step and innovative step”.
3 Subsection 7(3)
Repeal the subsection, substitute:
(3) The information for the purposes of subsection (2) is:
(a) any single piece of prior art information; or
(b) a combination of any 2 or more pieces of prior art
information that the skilled person mentioned in
subsection (2) could, before the priority date of the relevant
claim, be reasonably expected to have combined.
4 Subsection 7(4)
Omit “in the patent area”, substitute “(whether in or out of the patent
area)”.
5 Section 7 (note 2)
Omit “subsection 98(1)”, substitute “section 98”.
6 After section 7
Insert:
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Schedule 1 Raising the quality of granted patents
Part 1 Main amendments
7A Meaning of useful
(1) For the purposes of this Act, an invention is taken not to be useful
unless a specific, substantial and credible use for the invention (so
far as claimed) is disclosed in the complete specification.
(2) The disclosure in the complete specification must be sufficient for
that specific, substantial and credible use to be appreciated by a
person skilled in the relevant art.
(3) Subsection (1) does not otherwise affect the meaning of the word
useful in this Act.
7 Subsection 40(1)
Repeal the subsection, substitute:
Requirements relating to provisional specifications
(1) A provisional specification must disclose the invention in a manner
which is clear enough and complete enough for the invention to be
performed by a person skilled in the relevant art.
8 Paragraph 40(2)(a)
Repeal the paragraph, substitute:
(a) disclose the invention in a manner which is clear enough and
complete enough for the invention to be performed by a
person skilled in the relevant art; and
(aa) disclose the best method known to the applicant of
performing the invention; and
9 Subsection 40(3)
Omit “fairly based on the matter described”, substitute “supported by
matter disclosed”.
10 Subsection 43(2)
Repeal the subsection, substitute:
(2) The priority date of a claim is:
(a) if subsection (2A) applies to the claim—the date determined
under the regulations; or
(b) otherwise—the date of the filing of the specification.
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Main amendments Part 1
(2A) This subsection applies to a claim if:
(a) prescribed circumstances apply in relation to the invention
defined in the claim; and
(b) a prescribed document discloses the invention in the claim in
a manner that is clear enough and complete enough for the
invention to be performed by a person skilled in the relevant
art.
11 Before Division 1 of Part 2 of Chapter 3
Insert:
Division 1A—Preliminary search and opinion
43A Preliminary search and opinion
(1) If a complete application for a standard patent has been made, the
Commissioner may conduct a preliminary search and opinion in
relation to the patent request and specification relating to the
application.
(2) The preliminary search and opinion must be conducted in
accordance with the regulations.
12 Paragraphs 45(1)(a), (b) and (c)
Repeal the paragraphs, substitute:
(a) whether the specification complies with subsections 40(2) to
(4); and
(b) whether, to the best of his or her knowledge, the invention, so
far as claimed, satisfies the criteria mentioned in paragraphs
18(1)(a), (b) and (c); and
(c) whether the invention is a patentable invention under
subsection 18(2); and
13 Subsection 45(1A)
Repeal the subsection.
14 Subsection 49(1)
Repeal the subsection, substitute:
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Part 1 Main amendments
(1) Subject to section 50, the Commissioner must accept a patent
request and complete specification relating to an application for a
standard patent if the Commissioner is satisfied, on the balance of
probabilities:
(a) that the specification complies with subsections 40(2) to (4);
and
(b) that the invention, so far as claimed, satisfies the criteria
mentioned in paragraphs 18(1)(a), (b) and (c); and
(c) that the invention is a patentable invention under
subsection 18(2); and
(d) as to the matters (if any) prescribed under
paragraph 45(1)(d).
15 After subsection 60(3)
Insert:
(3A) If the Commissioner is satisfied, on the balance of probabilities,
that a ground of opposition to the grant of the standard patent
exists, the Commissioner may refuse the application.
(3B) The Commissioner must not refuse an application under this
section unless the Commissioner has, where appropriate, given the
applicant a reasonable opportunity to amend the relevant
specification for the purpose of removing any ground of opposition
and the applicant has failed to do so.
16 After subsection 97(3)
Insert:
(3A) The re-examination must be carried out in accordance with the
regulations.
17 Section 98
Repeal the section, substitute:
98 Report on re-examination
On re-examining a complete specification, the Commissioner must
ascertain and report on:
(a) whether the specification does not comply with
subsection 40(2) or (3); and
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Main amendments Part 1
(b) whether, to the best of his or her knowledge, the invention, so
far as claimed, does not satisfy the criteria mentioned in
paragraph 18(1)(a), (b) or (c); and
(c) whether the invention is not a patentable invention under
subsection 18(2).
18 Subsection 100A(1)
Repeal the subsection, substitute:
(1) The Commissioner may refuse to grant a patent if the
Commissioner:
(a) makes an adverse report on a re-examination of the relevant
specification under subsection 97(1); and
(b) is satisfied, on the balance of probabilities, that there is a
lawful ground of objection to the specification.
19 Subsection 101(1)
Repeal the subsection, substitute:
(1) The Commissioner may, by notice in writing, revoke a patent,
either wholly or so far as it relates to a particular claim, if the
Commissioner:
(a) makes an adverse report on a re-examination of the relevant
specification under subsection 97(2); and
(b) is satisfied, on the balance of probabilities, that there is a
lawful ground of objection to the relevant specification.
20 Section 101B
Repeal the section, substitute:
101B Examination of an innovation patent
What the Commissioner must do in examining a patent
(1) If the Commissioner decides, or is asked, to examine an innovation
patent under section 101A, the Commissioner must:
(a) examine the complete specification relating to the patent to
ascertain the matters set out in subsection (2); and
(b) report on those matters.
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Part 1 Main amendments
Matters for examination and report
(2) The matters in this subsection are whether:
(a) the specification complies with subsections 40(2) to (4); and
(b) the invention, so far as claimed, complies with paragraphs
18(1A)(a), (b) and (c); and
(c) the invention is a patentable invention under
subsections 18(2) and (3); and
(d) the use of the invention would not be contrary to law; and
(e) the patent does not claim as an invention a substance that is
capable of being used as food or medicine (whether for
human beings or animals and whether for internal or external
use) and is a mere mixture of known ingredients; and
(f) the patent does not claim as an invention a process producing
such a substance by mere admixture; and
(g) the patent does not contain a claim that includes the name of
a person as the name, or part of the name, of the invention so
far as it is claimed in that claim; and
(h) the patent does not claim an invention that is the same as an
invention that is the subject of a patent and is made by the
same inventor, where the relevant claim or claims in respect
of each patent have the same priority date or dates; and
(i) the complete specification complies with such other matters
(if any) as are prescribed for the purpose of this paragraph.
21 Section 101E
Repeal the section, substitute:
101E Certificate of examination
(1) This section applies to an innovation patent if:
(a) after examining the patent under section 101B, the
Commissioner decides in writing that he or she is satisfied,
on the balance of probabilities, as to the following:
(i) the specification complies with subsections 40(2) to (4);
(ii) the invention, so far as claimed, complies with
paragraphs 18(1A)(a), (b) and (c);
(iii) the invention is a patentable invention under
subsections 18(2) and (3);
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(iv) the use of the invention would not be contrary to law;
(v) the patent does not claim as an invention a substance
that is capable of being used as food or medicine
(whether for human beings or animals and whether for
internal or external use) and is a mere mixture of known
ingredients;
(vi) the patent does not claim as an invention a process
producing such a substance by mere admixture;
(vii) the patent does not contain a claim that includes the
name of a person as the name, or part of the name, of
the invention so far as it is claimed in that claim;
(viii) the patent does not claim an invention that is the same
as an invention that is the subject of a patent and is
made by the same inventor, where the relevant claim or
claims in respect of each patent have the same priority
date or dates;
(ix) the complete specification complies with such other
matters (if any) as are prescribed for the purpose of
paragraph 101B(2)(i);
(b) the patent has not ceased under section 143A.
(2) If this section applies, the Commissioner must:
(a) notify the patentee and the person who requested the
examination (if that person is not the patentee) that the patent
has been examined and that a certificate of examination is to
be issued; and
(b) publish a notice of the examination having occurred in the
Official Journal; and
(c) issue a certificate of examination to the patentee in the
approved form; and
(d) register the issue of the certificate.
(3) A decision under subsection (1) is not a legislative instrument.
22 Subsection 101F(1)
Repeal the subsection, substitute:
(1) The Commissioner must revoke a patent if:
(a) the patent has been examined under section 101B; and
(b) section 101E does not apply to the patent; and
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Part 1 Main amendments
(c) the patent has not ceased under section 143A.
23 After subsection 101G(1)
Insert:
(1A) The re-examination must be carried out in accordance with the
regulations.
24 Subsection 101G(3)
Repeal the subsection, substitute:
(3) The grounds for the revocation of the patent under subsection (2)
are as follows:
(a) that the specification filed in respect of the complete
application does not comply with subsection 40(2) or (3);
(b) that the invention, so far as claimed, does not comply with
paragraph 18(1A)(a), (b) or (c);
(c) that the invention is not a patentable invention under
subsection 18(2) or (3).
25 Subsection 101G(5)
Repeal the subsection.
26 Subsection 101J(1)
Repeal the subsection, substitute:
(1) The Commissioner may, by notice in writing, revoke a patent,
either wholly or so far as it relates to a particular claim, if the
Commissioner:
(a) makes an adverse report on a re-examination of the relevant
specification under section 101G; and
(b) is satisfied, on the balance of probabilities, that there is a
ground of revocation of the patent.
27 Section 101M
Repeal the section, substitute:
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Raising the quality of granted patents Schedule 1
Main amendments Part 1
101M Opposition to innovation patent
The Minister, or any other person, may, in accordance with the
regulations, oppose an innovation patent that has been certified and
seek the revocation of it, on one or more of the following grounds
of invalidity, but on no other:
(a) that the patentee is either:
(i) not entitled to the patent; or
(ii) entitled to the patent but only in conjunction with some
other person;
(b) that the complete specification does not comply with
subsection 40(2) or (3);
(c) that the invention is not a patentable invention because it
does not comply with paragraph 18(1A)(a), (b) or (c);
(d) that the invention is not a patentable invention under
subsection 18(2) or (3).
28 Subsection 101N(4)
After “satisfied”, insert “, on the balance of probabilities,”.
29 Subsection 102(1)
Repeal the subsection, substitute:
Amendment of complete specification not allowable if amended
specification claims or discloses matter extending beyond that
disclosed in certain documents
(1) An amendment of a complete specification is not allowable if, as a
result of the amendment, the specification would claim or disclose
matter that extends beyond that disclosed in the following
documents taken together:
(a) the complete specification as filed;
(b) other prescribed documents (if any).
30 Paragraph 102(2A)(b)
Omit “decisions under paragraphs 101E(a) and (aa)”, substitute “a
decision under paragraph 101E(1)(a)”.
31 Before subsection 102(3)
Insert:
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Part 1 Main amendments
Amendments of a kind prescribed by regulations not allowable
(2D) An amendment of a patent request or a complete specification is
not allowable if it is of a kind prescribed by regulations made for
the purposes of this section.
32 Subsection 102(3)
Repeal the subsection, substitute:
Section does not apply in certain cases
(3) This section does not apply to an amendment for the purposes of:
(a) correcting a clerical error or an obvious mistake made in, or
in relation to, a complete specification; or
(b) complying with paragraph 6(c) (about deposit requirements).
33 Section 114
Repeal the section, substitute:
114 Priority date of claims of certain amended specifications
(1) This section applies if:
(a) a complete specification has been amended; and
(b) the amendment was not allowable under subsection 102(1);
and
(c) as a result of the amendment, a claim of the amended
specification claims an invention that:
(i) was not disclosed by the complete specification as filed
in a manner that was clear enough and complete enough
for the invention to be performed by a person skilled in
the relevant art; but
(ii) is disclosed in that manner by the amended
specification.
(2) If this section applies, the priority date of the claim must be
determined under the regulations.
34 Paragraph 114A(1)(b)
Repeal the paragraph, substitute:
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(b) the amendment was not allowable under subsection 102(1);
and
(ba) as a result of the amendment, a claim of the amended
specification claims an invention that was not disclosed by
the original specification as filed in a manner that was clear
enough and complete enough for the invention to be
performed by a person skilled in the relevant art; and
Note: The heading to section 114A is altered by omitting “claims” and substituting “specifications”.
35 Paragraph 143A(c)
Omit “decisions under paragraphs 101E(a) and (aa)”, substitute “a
decision under paragraph 101E(1)(a)”.
36 Before paragraph 228(2)(a)
Insert:
(aa) making provision for and in relation to:
(i) the procedures for conducting a preliminary search and
opinion in relation to a patent request and complete
specification; and
(ii) the reports to be made in relation to the preliminary
search and opinion; and
37 Schedule 1
Insert:
preliminary search and opinion, in relation to a patent request and
complete specification relating to an application for a standard
patent, means search and opinion under section 43A.
38 Schedule 1 (definition of certified)
Omit “101E(e)”, substitute “101E(2)(c)”.
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Schedule 1 Raising the quality of granted patents
Part 2 Balance of probabilities test
Part 2—Balance of probabilities test
Patents Act 1990
39 Paragraph 10(1)(c)
After “is satisfied”, insert “, on the balance of probabilities,”.
40 Paragraph 35(1)(b)
After “satisfied”, insert “, on the balance of probabilities”.
41 Paragraph 36(1)(c)
After “is satisfied”, insert “on the balance of probabilities,”.
42 Subsection 52(2)
After “satisfied”, insert “, on the balance of probabilities,”.
43 Subsection 74(1)
After “is satisfied”, insert “, on the balance of probabilities,”.
44 Subsection 74(3)
After “not satisfied”, insert “, on the balance of probabilities,”.
45 Subsection 103(2)
After “if satisfied”, insert “on the balance of probabilities”.
46 Paragraph 106(1)(b)
After “is satisfied”, insert “, on the balance of probabilities,”.
47 Subsection 106(4)
After “is satisfied”, insert “, on the balance of probabilities,”.
48 Paragraph 107(1)(b)
After “is satisfied”, insert “, on the balance of probabilities,”.
49 Subsection 107(4)
After “is satisfied”, insert “, on the balance of probabilities,”.
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Balance of probabilities test Part 2
50 Subsection 150(2)
After “if satisfied”, insert “, on the balance of probabilities,”.
51 Subsection 151(2)
After “if satisfied”, insert “, on the balance of probabilities,”.
52 Subsection 215(3)
After “is satisfied”, insert “, on the balance of probabilities,”.
53 Paragraph 223(2A)(b)
After “is satisfied”, insert “, on the balance of probabilities,”.
54 Subsection 223(6A)
After “is satisfied”, insert “, on the balance of probabilities,”.
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Part 3 Application, savings and transitional provisions
Part 3—Application, savings and transitional provisions
55 Application of amendments
(1) The amendments made by items 2, 3, 4, 6, 8, 9 and 10 of this Schedule
apply in relation to:
(a) patents for which the complete application is made on or
after the day this Schedule commences; and
(b) standard patents for which the application had been made
before the day this Schedule commences, if the applicant had
not asked for an examination of the patent request and
specification for the application under section 44 of the
Patents Act 1990 before that day; and
(c) innovation patents granted on or after the day this Schedule
commences, if the complete application to which the patent
relates had been made before that day; and
(d) complete patent applications made on or after the day this
Schedule commences; and
(e) complete applications for standard patents made before the
day this Schedule commences, if the applicant had not asked
for an examination of the patent request and specification for
the application under section 44 of the Patents Act 1990
before that day; and
(f) complete applications for innovation patents made before the
day this Schedule commences, if a patent had not been
granted in relation to the application on or before that day;
and
(g) innovation patents granted before the day this Schedule
commences, if:
(i) the Commissioner had not decided to examine the
complete specification relating to the patent under
section 101A of the Patents Act 1990 before that day;
and
(ii) the patentee or any other person had not asked the
Commissioner to examine the complete specification
relating to the patent under section 101A of the Patents
Act 1990 before that day.
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Application, savings and transitional provisions Part 3
(2) The amendment made by item 7 of this Schedule applies in relation to
provisional applications made on or after the day this Schedule
commences.
(3) The amendments made by items 11 and 37 of this Schedule apply in
relation to complete applications for standard patents made on or after
the day this Schedule commences.
(4) The amendments made by items 12, 13, 14, 15 and 18 of this Schedule
apply in relation to:
(a) complete applications for standard patents made on or after
the day this Schedule commences; and
(b) complete applications for standard patents made before the
day this Schedule commences, if the applicant had not asked
for an examination of the patent request and specification for
the application under section 44 of the Patents Act 1990
before that day.
(5) The amendments made by items 16 and 17 of this Schedule apply in
relation to:
(a) applications for standard patents, whether the application was
made before, on or after the day this Schedule commences;
and
(b) standard patents, whether granted before, on or after that day.
(6) The amendment made by item 19 of this Schedule applies in relation to:
(a) standard patents for which the complete application is made
on or after the day this Schedule commences; and
(b) standard patents for which the complete application had been
made before the day this Schedule commences, if the
applicant had not asked for an examination of the patent
request and specification for the application under section 44
of the Patents Act 1990 before that day.
(7) The amendments made by items 23, 24 and 25 of this Schedule apply in
relation to innovation patents, whether granted before, on or after the
day this Schedule commences.
(8) The amendments made by items 20, 21, 22, 26, 27, 28, 30, 35 and 38 of
this Schedule apply in relation to:
(a) complete applications for innovation patents made on or after
the day this Schedule commences; and
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(b) complete applications for innovation patents made before the
day this Schedule commences, if a patent had not been
granted in relation to the application on or before that day;
and
(c) innovation patents granted before the day this Schedule
commences, if:
(i) the Commissioner had not decided to examine the
complete specification relating to the patent under
section 101A of the Patents Act 1990 before that day;
and
(ii) the patentee or any other person had not asked the
Commissioner to examine the complete specification
relating to the patent under section 101A of the Patents
Act 1990 before that day; and
(d) innovation patents granted on complete applications for
innovation patents made on or after the day this Schedule
commences; and
(e) innovation patents granted on or after the day this Schedule
commences, if the complete application to which the patent
relates had been made before that day.
(9) The amendments made by items 29 and 31 to 34 of this Schedule apply
in relation to amendments of complete specifications directed or
requested to be made on or after the day this Schedule commences if the
amendments are in relation to:
(a) patents for which the complete application is made on or
after the day this Schedule commences; or
(b) standard patents for which the application had been made
before the day this Schedule commences, if the applicant had
not asked for an examination of the patent request and
specification for the application under section 44 of the
Patents Act 1990 before that day; or
(c) innovation patents granted on or after the day this Schedule
commences, if the complete application to which the patent
relates had been made before that day; or
(d) complete patent applications made on or after the day this
Schedule commences; or
(e) complete applications for standard patents made before the
day this Schedule commences, if the applicant had not asked
for an examination of the patent request and specification for
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the application under section 44 of the Patents Act 1990
before that day; or
(f) complete applications for innovation patents made before the
day this Schedule commences, if a patent had not been
granted in relation to the application on or before that day; or
(g) innovation patents granted before the day this Schedule
commences, if:
(i) the Commissioner had not decided to examine the
complete specification relating to the patent under
section 101A of the Patents Act 1990 before that day; or
(ii) the patentee or any other person had not asked the
Commissioner to examine the complete specification
relating to the patent under section 101A of the Patents
Act 1990 before that day.
(10) The amendments made by items 39, 41, 45, 48, 49 and 50 of this
Schedule apply in relation to:
(a) complete applications for standard patents made on or after
the day this Schedule commences; and
(b) complete applications for standard patents made before the
day this Schedule commences, if the applicant had not asked
for an examination of the patent request and specification for
the application under section 44 of the Patents Act 1990
before that day.
(11) The amendments made by item 40, 43, 44, 46, 47 and 52 apply in
relation to patents granted on or after the day this Schedule commences.
(12) The amendment made by item 42 of this Schedule applies in relation to:
(a) complete applications for innovation patents made on or after
the day this Schedule commences; and
(b) complete applications for innovation patents made before the
day this Schedule commences, if a patent had not been
granted in relation to the application on or before that day;
and
(c) innovation patents granted before the day this Schedule
commences, if:
(i) the Commissioner had not decided to examine the
complete specification relating to the patent under
section 101A of the Patents Act 1990 before that day;
and
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(ii) the patentee or any other person had not asked the
Commissioner to examine the complete specification
relating to the patent under section 101A of the Patents
Act 1990 before that day.
(13) The amendments made by items 51 and 54 of this Schedule apply in
relation to applications made on or after the day this Schedule
commences.
(14) The amendment made by item 53 applies in relation to acts required to
be done on or after the day this Schedule commences.
56 Transitional provision—approved form
(1) This item applies to an approval of a form given by the Commissioner
under paragraph 101E(e) of the Patents Act 1990 that was in force
immediately before the commencement of this Schedule.
(2) The approval has effect, after the commencement of this Schedule, as if
it had been given under paragraph 101E(2)(c) as inserted by this
Schedule.
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Free access to patented inventions for regulatory approvals and research Schedule 2
Amendment Part 1
Schedule 2—Free access to patented inventions for regulatory approvals and research
Part 1—Amendment
Patents Act 1990
1 After section 119A
Insert:
119B Infringement exemptions: acts for obtaining regulatory
approval (non-pharmaceuticals)
(1) A person may, without infringing a patent, do an act that would
infringe the patent apart from this subsection, if the act is done
solely for:
(a) purposes connected with obtaining an approval required by a
law of the Commonwealth or of a State or Territory to
exploit a product, method or process; or
(b) purposes connected with obtaining a similar approval under a
law of another country or region.
(2) This section does not apply in relation to a pharmaceutical patent
within the meaning of subsection 119A(3).
119C Infringement exemptions: acts for experimental purposes
(1) A person may, without infringing a patent for an invention, do an
act that would infringe the patent apart from this subsection, if the
act is done for experimental purposes relating to the subject matter
of the invention.
(2) For the purposes of this section, experimental purposes relating to
the subject matter of the invention include, but are not limited to,
the following:
(a) determining the properties of the invention;
(b) determining the scope of a claim relating to the invention;
(c) improving or modifying the invention;
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Schedule 2 Free access to patented inventions for regulatory approvals and research
Part 1 Amendment
(d) determining the validity of the patent or of a claim relating to
the invention;
(e) determining whether the patent for the invention would be, or
has been, infringed by the doing of an act.
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Free access to patented inventions for regulatory approvals and research Schedule 2
Application of amendment Part 2
Part 2—Application of amendment
2 Application
The amendment made by item 1 of this Schedule applies in relation to
acts done on or after the commencement of this Schedule in relation to
patents granted before, on or after that commencement.
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Schedule 3 Reducing delays in resolution of patent and trade mark applications
Part 1 Amendments
Schedule 3—Reducing delays in resolution of patent and trade mark applications
Part 1—Amendments
Patents Act 1990
1 Subsection 26(2)
After “112”, insert “or 112A”.
2 Subsection 61(1)
After “100A”, insert “and paragraph 210A(2)(a)”.
3 Section 79B
Repeal the section, substitute:
79B Divisional applications prior to grant of patent
(1) If:
(a) a complete application (the first application) for a patent is
made; and
(b) the first application is not a divisional application for an
innovation patent provided for in section 79C;
the applicant may make a further complete application for a patent
for an invention disclosed in the specification filed in relation to
the first application.
(2) The further complete application:
(a) must be made in accordance with the regulations made for
the purposes of this subsection; and
(b) must include the prescribed particulars.
(3) The further complete application can only be made during the
period:
(a) starting on the day the first application is made; and
(b) ending when any of the following happens:
(i) the first application lapses;
(ii) the first application is refused;
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Reducing delays in resolution of patent and trade mark applications Schedule 3
Amendments Part 1
(iii) the first application is withdrawn;
(iv) a period prescribed by the regulations for the purposes
of this subparagraph ends.
(4) In this section:
applicant has the same meaning as in section 38.
4 Subsection 79C(1)
Omit “, in accordance with the regulations, ”.
5 After subsection 79C(1)
Insert:
(1A) The further complete application:
(a) must be made in accordance with the regulations made for
the purposes of this subsection; and
(b) must include the prescribed particulars.
6 After subsection 105(1)
Insert:
Order for amendment during an appeal
(1A) If an appeal is made to the Federal Court against a decision or
direction of the Commissioner in relation to a patent application,
the Federal Court may, on the application of the applicant for the
patent, by order direct the amendment of the patent request or the
complete specification in the manner specified in the order.
Note: The following heading to subsection 105(1) is inserted “Order for amendment during relevant proceedings”.
7 Subsection 105(2)
After “order”, insert “under subsection (1) or (1A)”.
Note: The following heading to subsection 105(2) is inserted “Orders for amendment generally”.
8 Subsection 105(3)
Omit “patentee”, substitute “applicant for an order under subsection (1)
or (1A)”.
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Schedule 3 Reducing delays in resolution of patent and trade mark applications
Part 1 Amendments
9 Subsection 105(5)
Omit “patentee”, substitute “applicant”.
10 After section 112
Insert:
112A Decisions on appeal
A complete specification relating to a patent application must not
be amended, except under section 105, if:
(a) an appeal against a decision or direction of the Commissioner
has been made to the Federal Court in relation to the
specification; and
(b) the appeal, and any proceedings resulting from it, have not
been finally determined, withdrawn or otherwise disposed of.
11 Subsection 141(1)
Repeal the subsection, substitute:
(1) A patent application, other than a PCT application, may be
withdrawn if all of the following conditions are met:
(a) the applicant lodges a written notice of withdrawal signed by
the applicant;
(b) if the application has been opposed under section 59—the
Commissioner has consented to the withdrawal;
(c) if the regulations prescribe a period within which an
application must not be withdrawn—the withdrawal will not
occur within the prescribed period.
12 Sections 179 to 181
Repeal the sections.
13 Section 210
Before “The”, insert “(1)”.
14 At the end of section 210
Add:
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Amendments Part 1
Exercise of power to summon witnesses
(2) The Commissioner must not summon a witness under
paragraph (1)(a) unless:
(a) the Commissioner is satisfied, on the balance of probabilities,
of the following matters:
(i) the witness has a substantial interest in the proceedings
before the Commissioner;
(ii) the witness is likely to provide oral evidence of
substantial relevance to a matter before the
Commissioner;
(iii) receiving oral evidence from the witness is necessary or
desirable in all the circumstances; and
(b) the Commissioner notifies the witness of the actions the
Commissioner may take under section 210A if the witness
fails or refuses to comply with the summons.
(3) The Commissioner may summon a witness under paragraph (1)(a)
whether the witness is in or out of the patent area.
Exercise of power to require production of document or article
(4) The Commissioner must not require a person to produce a
document or article under paragraph (1)(c) unless:
(a) the Commissioner is satisfied, on the balance of probabilities,
of the following matters:
(i) the person has a substantial interest in the proceedings
before the Commissioner;
(ii) the document or article is likely to be of substantial
relevance to a matter before the Commissioner; and
(b) the Commissioner notifies the person of the actions the
Commissioner may take under section 210A if the person
fails or refuses to comply with the requirement.
(5) The Commissioner may require a person to produce a document or
article under paragraph (1)(c) whether the person is in or out of the
patent area.
Exercise of powers in relation to bodies corporate
(6) The Commissioner’s powers in subsection (1) to make a
requirement of a person extend, if the person is a body corporate,
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Schedule 3 Reducing delays in resolution of patent and trade mark applications
Part 1 Amendments
to making that requirement of any person who is an officer, agent
or employee of the body corporate.
Note: The following heading to subsection 210(1) is inserted “Commissioner’s powers”.
15 After section 210
Insert:
210A Sanctions for non-compliance with Commissioner’s
requirements
(1) The Commissioner may take one or more of the actions listed in
subsection (2) in relation to a person if:
(a) the Commissioner summons the person to appear as a
witness under paragraph 210(1)(a) or requires the person to
produce a document or article under paragraph 210(1)(c); and
(b) the person refuses or fails to comply with the summons or
requirement; and
(c) the Commissioner is satisfied, on the balance of probabilities,
that it is appropriate in the circumstances to take the action.
(2) The actions the Commissioner may take are:
(a) if the person is an applicant for a patent—a refusal to grant
the patent (see subsection 61(1); and
(b) the drawing of an inference unfavourable to the person’s
interest in proceedings before the Commissioner; and
(c) actions of a kind that are prescribed by the regulations.
(3) In deciding whether it is appropriate to take the action, the
Commissioner must consider the following:
(a) whether the person has a reasonable excuse for refusing or
failing to comply with the summons or requirement;
(b) whether the person has been offered payment of reasonable
expenses associated with complying with the summons or
requirement;
(c) any other matter the Commissioner considers to be relevant.
16 Subsection 224(1)
Before “142(2)(b)”, insert “141(1)(b) or”.
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Trade Marks Act 1995
17 Paragraph 11(1)(a)
Omit “section 37”, substitute “sections 37 and 54A”.
18 Subsections 52(2) and (3)
Repeal the subsections, substitute:
(2) The notice of opposition must be filed:
(a) in the manner and form prescribed by the regulations; and
(b) within the prescribed period, or within that period as
extended in accordance with the regulations or in accordance
with subsection (5).
(3) Regulations made for the purposes of paragraph (2)(a) or (b) may
make different provision with respect to different components (if
any) of the notice of opposition.
(3A) Subsection (3) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Note: The heading to section 37 is altered by adding at the end “if not accepted in time”.
19 After section 52
Insert:
52A Notice of intention to defend opposition to registration
(1) If a notice of opposition is filed in accordance with section 52, the
applicant may file a notice of intention to defend the application
for registration of a trade mark.
Note: Failure to file a notice of intention will result in the application
lapsing: see section 54A.
(2) The notice must be filed in the prescribed manner and within the
prescribed period, or within that period as extended by the
Registrar in accordance with the regulations.
20 At the end of section 54
Add:
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Part 1 Amendments
(3) Without limiting subsection (2), the regulations may prescribe the
circumstances in which the Registrar may dismiss the opposition.
21 After section 54
Insert:
54A Lapsing of opposed application if no notice to defend the
application filed
(1) Subject to subsection (2), an application lapses if:
(a) a notice of opposition to the registration of the trade mark is
filed (see subsection 52(1)); and
(b) the applicant does not file an intention to defend the
application for registration of the trade mark in the prescribed
manner or within the prescribed period, or that period as
extended (see section 52A).
(2) If, after the prescribed period has expired, the Registrar extends the
period within which the notice to defend the application may be
filed (see section 52A), the application:
(a) is taken not to have lapsed when the prescribed period
expired; and
(b) lapses if the notice to defend the application is not filed
within the extended period.
22 Subsection 55(1)
Omit “Unless the proceedings are discontinued or dismissed”, substitute
“Unless subsection (3) applies to the proceedings”.
23 At the end of section 55
Add:
(3) This subsection applies to the proceedings if:
(a) the proceedings are discontinued; or
(b) the proceedings are dismissed; or
(c) the application lapses because of the operation of
section 54A (about lapsing of applications if a notice to
defend the application is not filed).
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24 Section 66
Before “The”, insert “(1)”.
25 At the end of section 66
Add:
(2) Subsection (1) does not apply to a notice of opposition filed by an
opponent in relation to:
(a) an opposition to the registration of a trade mark under
section 52; or
(b) an opposition to an application under section 92.
Note: Regulations made for the purposes of subsection 231(3) may make
provision in relation to amendment of documents filed in relation to
an opposition.
26 Subparagraph 68(1)(b)(iii)
After “section 222”, insert “or the regulations (if any) made for the
purposes of subsection 54(2)”.
27 At the end of subsection 68(1)
Add:
Note: Applications may also lapse if an application for registration is
opposed and a notice to defend the application is not filed: see
section 54A.
28 Section 96
Repeal the section, substitute:
96 Notice of opposition
Applications to Registrar
(1) Any person may oppose an application under subsection 92(1) by
filing a notice of opposition with the Registrar.
(2) The notice of opposition under subsection (1) must be filed:
(a) in the manner and form prescribed by the regulations; and
(b) within the prescribed period.
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(3) Regulations made for the purposes of paragraph (2)(a) or (b) may
make different provision with respect to different components (if
any) of the notice of opposition.
(4) Subsection (3) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Applications to prescribed court
(5) Any person may oppose an application under subsection 92(3) by
filing a notice of opposition with the court.
(6) A notice of opposition under subsection (5):
(a) must be in a form approved by the court; and
(b) must be filed in accordance with the rules of court.
29 Subsection 97(1)
Repeal the subsection, substitute:
(1) If:
(a) there is no opposition to an application to the Registrar under
subsection 92(1); or
(b) an opposition to an application under that subsection has
been dismissed (see section 99A);
the Registrar must remove the trade mark from the Register in
respect of the goods and/or services specified in the application.
Note: The heading to section 97 is altered by adding at the end “etc.”.
30 After section 99
Insert:
99A Dismissal of opposition filed with Registrar
(1) The Registrar may, in prescribed circumstances, dismiss an
opposition filed with the Registrar in accordance with
subsection 96(1).
(2) An application may be made to the Administrative Appeals
Tribunal for the review of a decision of the Registrar to dismiss an
opposition under subsection (1).
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Amendments Part 1
31 At the end of section 231
Add:
(3) Without limiting subsection (1), the regulations may prescribe
matters relating to oppositions under sections 52 and 92, including
the following:
(a) rules about filing and serving documents in relation to an
opposition;
(b) rules about the amendment of documents filed in relation to
an opposition;
(c) the circumstances in which the Registrar may dismiss an
opposition;
(d) provision for review by the Administrative Appeals Tribunal
of decisions of the Registrar made under the regulations.
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Schedule 3 Reducing delays in resolution of patent and trade mark applications
Part 2 Application and transitional provisions
Part 2—Application and transitional provisions
32 Application of amendments
(1) The amendments made by items 1 and 10 of this Schedule apply in
relation to:
(a) requests for amendments made on or after the day this
Schedule commences; and
(b) requests for amendments made before that day, if the
Commissioner had not dealt with the request on or before
that day.
(2) The amendments made by items 2, 13, 14 and 15 of this Schedule apply
in relation to powers exercised by the Commissioner under section 210
of the Patents Act 1990 (as amended by this Schedule) on or after the
day this Schedule commences.
(3) The amendment made by item 3 of this Schedule applies in relation to
divisional applications provided for in section 79B of the Patents Act
1990 made on or after the day this Schedule commences.
(4) The amendments made by items 4 and 5 of this Schedule apply in
relation to divisional applications provided for in section 79C of the
Patents Act 1990 made on or after the day this Schedule commences.
(5) The amendments made by items 6, 7, 8 and 9 of this Schedule apply in
relation to appeals to the Federal Court:
(a) made on or after the day this Schedule commences; and
(b) made before that day, if the appeal had not been finally
determined, withdrawn or otherwise disposed of.
(6) The amendments made by items 11 and 16 of this Schedule apply in
relation to notices of withdrawal filed on or after the day this Schedule
commences in respect of patent applications made before, on or after
that day.
(7) The amendments made by items 17 to 31 of this Schedule apply in
relation to opposition proceedings commenced by notices of opposition
filed on or after the day this Schedule commences.
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Application and transitional provisions Part 2
33 Transitional provision—regulations
Despite the amendment made by item 11 of this Schedule, regulations
in force for the purposes of section 141 of the Patents Act 1990
immediately before the commencement of this Schedule continue in
effect, after that commencement, as if they had been made for the
purposes of that section, as in force after that commencement.
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Schedule 4 Assisting the operations of the IP profession
Schedule 4—Assisting the operations of the IP profession
Patents Act 1990
1 Section 3 (list of definitions)
Insert “company”.
2 Section 3 (list of definitions)
Insert “director”.
3 Section 3 (list of definitions)
Insert “incorporated legal practice”.
4 Section 3 (list of definitions)
Insert “incorporated patent attorney”.
5 Section 3 (list of definitions)
Insert “intellectual property advice”.
6 Section 3 (list of definitions)
Insert “patent attorney director”.
7 Section 3 (list of definitions)
Insert “patents work”.
8 Section 3 (list of definitions)
Insert “related company group”.
9 Section 132
Omit “his or her”, substitute “a”.
10 Subsection 177(1) (penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
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11 Subsection 178(1) (penalty)
Repeal the penalty, substitute:
Penalty: 60 penalty units.
12 Subsection 178(2) (penalty)
Repeal the penalty, substitute:
Penalty: 60 penalty units.
13 Subsection 182(1) (penalty)
Repeal the penalty, substitute:
Penalty: 60 penalty units.
14 Section 183
Before “The”, insert “(1)”.
15 At the end of section 183
Add:
(2) The Designated Manager may disclose to the Australian Securities
and Investments Commission information (including personal
information within the meaning of the Privacy Act 1988) that is:
(a) relevant to the functions of the Commission; and
(b) obtained by the Designated Manager as a result of the
performance of functions and duties, or the exercise of
powers, in relation to incorporated patent attorneys.
16 Subsection 198(4)
Omit “a person”, substitute “an individual”.
Note: The following heading to subsection 198(4) is inserted “Registration of individuals”.
17 After paragraph 198(4)(f)
Insert:
; and (g) meets any other requirements prescribed by the regulations.
18 Subsection 198(4)
Omit “person’s”, substitute “individual’s”.
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Schedule 4 Assisting the operations of the IP profession
19 Subsection 198(7)
Omit “a person”, substitute “an individual”.
20 Subsection 198(7)
Omit “the person” (wherever occurring), substitute “the individual”.
21 At the end of section 198
Add:
Registration of companies
(9) The Designated Manager must register as a patent attorney a
company that:
(a) has at least one patent attorney director; and
(b) has given the Designated Manager written notice in the
approved form of its intention to act as a patent attorney; and
(c) meets the requirements (if any) prescribed by the regulations.
The registration is to consist of entering the company’s name in the
Register of Patent Attorneys.
(10) A company registered as a patent attorney is an incorporated
patent attorney.
(11) A patent attorney director of a company is an individual who is
both:
(a) a registered patent attorney; and
(b) a validly appointed director of the company.
22 Subsection 200(2)
Repeal the subsection, substitute:
(2) A communication made for the dominant purpose of a registered
patent attorney providing intellectual property advice to a client is
privileged in the same way, and to the same extent, as a
communication made for the dominant purpose of a legal
practitioner providing legal advice to a client.
(2A) A record or document made for the dominant purpose of a
registered patent attorney providing intellectual property advice to
a client is privileged in the same way, and to the same extent, as a
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Assisting the operations of the IP profession Schedule 4
record or document made for the dominant purpose of a legal
practitioner providing legal advice to a client.
(2B) A reference in subsection (2) or (2A) to a registered patent attorney
includes a reference to an individual authorised to do patents work
under a law of another country or region, to the extent to which the
individual is authorised to provide intellectual property advice of
the kind provided.
(2C) Intellectual property advice means advice in relation to:
(a) patents; or
(b) trade marks; or
(c) designs; or
(d) plant breeder’s rights; or
(e) any related matters.
23 Subsection 200(4)
Repeal the subsection.
24 Section 201
Repeal the section, substitute:
201 Acting or holding out without being registered
Individuals
(1) An individual commits an offence if:
(a) the individual carries on business, practises or acts as a patent
attorney; and
(b) the individual is not a registered patent attorney or a legal
practitioner.
Penalty: 30 penalty units.
(2) An individual commits an offence if:
(a) the individual describes himself or herself, or holds himself
or herself out, or permits himself or herself to be described or
held out, as a patent attorney or agent for obtaining patents;
and
(b) the individual is not a registered patent attorney.
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Schedule 4 Assisting the operations of the IP profession
Penalty: 30 penalty units.
Partnerships
(3) A member of a partnership commits an offence if:
(a) the member carries on business, practises or acts as a patent
attorney; and
(b) none of the members of the partnership is a registered patent
attorney or a legal practitioner.
Penalty: 30 penalty units.
(4) A member of a partnership commits an offence if:
(a) the member describes the partnership, or holds the
partnership out, or permits the partnership to be described or
held out, as a patent attorney, or agent for obtaining patents;
and
(b) none of the members of the partnership is a registered patent
attorney.
Penalty: 30 penalty units.
Companies
(5) A company commits an offence if:
(a) the company carries on business, practises or acts as a patent
attorney; and
(b) the company is not a registered patent attorney or
incorporated legal practice.
Penalty: 150 penalty units.
(6) A company commits an offence if:
(a) the company describes itself, or holds itself out, or permits
itself to be described or held out, as a patent attorney, or
agent for obtaining patents; and
(b) the company is not a registered patent attorney.
Penalty: 150 penalty units.
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Exception—legal representatives
(7) Subsections (1), (3) and (5) do not apply in relation to the business
of a registered patent attorney who is deceased if the business:
(a) is carried on, within 3 years of the death of the patent
attorney, or such further time allowed by a prescribed court,
by the legal representative of the deceased registered patent
attorney; and
(b) is managed by a registered patent attorney on behalf of the
legal representative.
Note: The defendant bears an evidential burden in relation to the matters in
subsection (7). See subsection 13.3(3) of the Criminal Code.
Exception—employees
(8) Subsections (1) and (2) do not apply in relation to anything done
by a person, as an employee, for:
(a) his or her employer; or
(b) if the person’s employer is a member of a related company
group—another member of the group.
Note: The defendant bears an evidential burden in relation to the matters in
subsection (8). See subsection 13.3(3) of the Criminal Code.
Exception—related company groups
(9) Subsections (5) and (6) do not apply in relation to anything done
by a member of a related company group for another member of
the group.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (9). See subsection 13.3(3) of the Criminal Code.
Whether a company is related to another company
(10) For the purposes of this section, the question of whether a company
is related to another company is to be determined in the same
manner as that question is determined under the Corporations Act
2001.
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201A When a person carries on business, practises or acts as a
patent attorney
(1) For the purposes of section 201, a person is taken to carry on
business, practise or act as a patent attorney if, and only if, the
person does, or undertakes to do, patents work in Australia.
(2) Patents work means one or more of the following done, on behalf
of someone else, for gain:
(a) applying for or obtaining patents in Australia or anywhere
else;
(b) preparing specifications or other documents for the purposes
of this Act or the patent law of another country;
(c) giving advice (other than advice of a scientific or technical
nature) about the validity, or infringement, of patents.
201B Incorporated patent attorney must have a patent attorney
director
Offence—failing to notify lack of patent attorney director
(1) An incorporated patent attorney commits an offence if the
incorporated patent attorney:
(a) does not have a patent attorney director; and
(b) does not notify the Designated Manager of that within 7
days.
Penalty: 150 penalty units.
Offence—acting after 7 days without patent attorney director
(2) An incorporated patent attorney commits an offence if the
incorporated patent attorney:
(a) does not have a patent attorney director; and
(b) has not had a patent attorney director during the previous 7
days; and
(c) carries on business, practises or acts as a patent attorney.
Penalty: 150 penalty units.
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Designated Manager may appoint a registered patent attorney
(3) If an incorporated patent attorney does not have a patent attorney
director, the Designated Manager may, by writing, appoint another
registered patent attorney to take charge of the patents work of the
incorporated patent attorney.
(4) The appointment may be made only with the consent of the other
registered patent attorney.
Effect of appointment
(5) A registered patent attorney holding an appointment under
subsection (3) (the appointed attorney) is taken, for the purposes
of this Act, to be a patent attorney director of the incorporated
patent attorney.
(6) However, for the purposes of the Corporations Act 2001:
(a) the appointed attorney is not a director of the incorporated
patent attorney only because:
(i) the appointed attorney takes charge of the patents work
of the incorporated patent attorney; and
(ii) the appointed attorney is taken, for the purposes of this
Act, to be a patent attorney director of the incorporated
patent attorney; and
(b) the Designated Manager is not a director of the incorporated
patent attorney only because the Designated Manager
appointed the appointed attorney.
Designated Manager may remove incorporated patent attorney
from Register
(7) If an incorporated patent attorney does not have a patent attorney
director, the Designated Manager may remove the incorporated
patent attorney from the Register.
25 Section 202 (penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
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26 After section 202A
Insert:
202B Documents prepared by incorporated patent attorneys and
incorporated legal practices
An incorporated patent attorney or an incorporated legal practice
commits an offence if:
(a) an employee or member of the incorporated patent attorney
or incorporated legal practice prepares a specification, or a
document relating to an amendment of a specification; and
(b) the employee or member is not a registered patent attorney;
and
(c) the specification or document is not prepared:
(i) under the instructions or supervision of an individual
who is a registered patent attorney; or
(ii) as directed by an order under section 105.
Penalty: 150 penalty units.
27 Section 203
Repeal the section, substitute:
203 Attendance at patent attorney’s office
A registered patent attorney commits an offence if:
(a) the registered patent attorney practises, acts, or holds himself,
herself or itself out as practising or acting, as a patent
attorney, at an office or place of business where
specifications or other documents are prepared for the
purposes of this Act; and
(b) there is not an individual who is a registered patent attorney:
(i) in regular attendance at that office or place; and
(ii) in continuous charge of the patents work done at that
office or place.
Penalty: 30 penalty units.
28 After subparagraph 228(2)(r)(i)
Insert:
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(ia) assessing the professional conduct of registered patent
attorneys by reference to standards of practice
established by the Professional Standards Board from
time to time;
29 Schedule 1
Insert:
company means a company registered under the Corporations Act
2001.
30 Schedule 1
Insert:
director of a company has the same meaning as in the
Corporations Act 2001.
31 Schedule 1
Insert:
incorporated legal practice means a body corporate recognised
under a law of the Commonwealth, a State or a Territory as an
incorporated legal practice (however described).
32 Schedule 1
Insert:
incorporated patent attorney has the meaning given by
subsection 198(10).
33 Schedule 1
Insert:
intellectual property advice has the meaning given by
subsection 200(2C).
34 Schedule 1
Insert:
patent attorney director has the meaning given by
subsection 198(11).
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35 Schedule 1
Insert:
patents work has the meaning given by subsection 201A(2).
36 Schedule 1
Insert:
related company group means a group of 2 or more companies,
where each member of the group is related to each other member
of the group.
Trade Marks Act 1995
37 Readers guide (list of terms defined in section 6)
Insert the following terms in their appropriate alphabetical positions:
“company”
“Designated Manager”
“incorporated legal practice”
“incorporated trade marks attorney”
“intellectual property advice”
“Professional Standards Board”
“trade marks attorney director”
“trade marks work”.
38 Subsection 6(1)
Insert:
company means a company registered under the Corporations Act
2001.
39 Subsection 6(1)
Insert:
Designated Manager has the same meaning as in the Patents Act
1990.
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40 Subsection 6(1)
Insert:
incorporated legal practice means a body corporate recognised
under a law of the Commonwealth, a State or a Territory as an
incorporated legal practice (however described).
41 Subsection 6(1)
Insert:
incorporated trade marks attorney has the meaning given by
subsection 228A(6B).
42 Subsection 6(1)
Insert:
intellectual property advice has the meaning given by
subsection 229(3).
43 Subsection 6(1)
Insert:
Professional Standards Board has the same meaning as in the
Patents Act 1990.
44 Subsection 6(1)
Insert:
trade marks attorney director has the meaning given by
subsection 228A(6C).
45 Subsection 6(1)
Insert:
trade marks work has the meaning given by subsection 157A(8).
46 Subsections 156(1) to (3)
Repeal the subsections, substitute:
Individuals
(1) An individual commits an offence if:
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(a) the individual describes himself or herself, or holds himself
or herself out, or permits himself or herself to be described or
held out, as a trade marks attorney; and
(b) the individual is not a registered trade marks attorney.
Penalty: 30 penalty units.
Note 1: The Reader’s Guide gives information about penalties (see the
paragraphs under the subheading Crimes Act 1914).
Note 2: For registered trade marks attorney see section 6.
(2) An individual commits an offence if:
(a) the individual describes himself or herself, or holds himself
or herself out, or permits himself or herself to be described or
held out, as a trade marks agent; and
(b) the individual is not a registered trade marks attorney, a
patent attorney or a lawyer.
Penalty: 30 penalty units.
Note 1: The Reader’s Guide gives information about penalties (see the
paragraphs under the subheading Crimes Act 1914).
Note 2: For registered trade marks attorney, patent attorney and lawyer see
section 6.
Companies
(3) A company commits an offence if:
(a) the company describes itself, or holds itself out, or permits
itself to be described or held out, as a trade marks attorney;
and
(b) the company is not a registered trade marks attorney.
Penalty: 150 penalty units.
Note 1: The Reader’s Guide gives information about penalties (see the
paragraphs under the subheading Crimes Act 1914).
Note 2: For company and registered trade marks attorney see section 6.
(3A) A company commits an offence if the company:
(a) the company describes itself, or holds itself out, or permits
itself to be described or held out, as a trade marks agent; and
(b) the company is not a registered trade marks attorney, a patent
attorney or an incorporated legal practice.
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Penalty: 150 penalty units.
Note 1: The Reader’s Guide gives information about penalties (see the
paragraphs under the subheading Crimes Act 1914).
Note 2: For company, registered trade marks attorney, patent attorney and
incorporated legal practice see section 6.
Note: The heading to section 156 is replaced by the heading “Acting or holding out without being registered”.
47 After section 157
Insert:
157A Incorporated trade marks attorney must have a trade marks
attorney director
Offence—failing to notify lack of trade marks attorney director
(1) An incorporated trade marks attorney commits an offence if the
incorporated trade marks attorney:
(a) does not have a trade marks attorney director; and
(b) does not notify the Designated Manager of that within 7
days.
Penalty: 150 penalty units.
Note 1: The Reader’s Guide gives information about penalties (see the
paragraphs under the subheading Crimes Act 1914).
Note 2: For incorporated trade marks attorney, trade marks attorney director
and Designated Manager see section 6.
Offence—acting after 7 days without trade marks attorney director
(2) An incorporated trade marks attorney commits an offence if the
incorporated trade marks attorney:
(a) does not have a trade marks attorney director; and
(b) has not had a trade marks attorney director during the
previous 7 days; and
(c) describes itself, or holds itself out, or permits itself to be
described or held out, as a trade marks attorney.
Penalty: 150 penalty units.
Note 1: The Reader’s Guide gives information about penalties (see the
paragraphs under the subheading Crimes Act 1914).
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Schedule 4 Assisting the operations of the IP profession
Note 2: For incorporated trade marks attorney and trade marks attorney
director see section 6.
Designated Manager may appoint a registered trade marks
attorney
(3) If an incorporated trade marks attorney does not have a trade marks
attorney director, the Designated Manager may, by writing, appoint
another registered trade marks attorney to take charge of the trade
marks work of the incorporated trade marks attorney.
(4) The appointment may be made only with the consent of the other
registered trade marks attorney.
Effect of appointment
(5) A registered trade marks attorney holding an appointment under
subsection (3) (the appointed attorney) is taken, for the purposes
of this Act, to be a trade marks attorney director of the
incorporated trade marks attorney.
(6) For the purposes of the Corporations Act 2001:
(a) the appointed attorney is not a director of the incorporated
trade marks attorney only because:
(i) the appointed attorney takes charge of the trade marks
work of the incorporated trade marks attorney; and
(ii) the appointed attorney is taken, for the purposes of this
Act, to be a trade marks attorney director of the
incorporated trade marks attorney; and
(b) the Designated Manager is not a director of the incorporated
trade marks attorney only because the Designated Manager
appointed the appointed attorney.
Designated Manager may remove incorporated trade marks
attorney from Register
(7) If an incorporated trade marks attorney does not have a trade marks
attorney director, the Designated Manager may remove the
incorporated trade marks attorney from the Register.
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Meaning of trade marks work
(8) Trade marks work means one or more of the following done, on
behalf of someone else, for gain:
(a) applying for or obtaining trade marks in Australia or
anywhere else;
(b) preparing trade marks applications or other documents for the
purposes of this Act or the trade marks law of another
country;
(c) giving advice (other than advice of a scientific or technical
nature) about the validity, or infringement, of trade marks.
48 Subsection 228A(1) (note)
Repeal the note, substitute:
Note: For Designated Manager see section 6.
49 Subsection 228A(4)
Omit “a person”, substitute “an individual”.
Note: The following heading to subsection 228A(4) is inserted “Registration of individuals”.
50 After paragraph 228A(4)(d)
Insert:
; and (e) meets any other requirements prescribed by the regulations.
51 Subsection 228A(4)
Omit “person’s”, substitute “individual’s”.
52 At the end of subsection 228A(5)
Add:
Note: For Professional Standards Board see section 6.
53 After subsection 228A(6)
Insert:
Registration of companies
(6A) The Designated Manager must register as a trade marks attorney a
company that:
(a) has at least one trade marks attorney director; and
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(b) has given the Designated Manager written notice in the
approved form of its intention to act as a trade marks
attorney; and
(c) meets the requirements (if any) prescribed by the regulations.
The registration is to consist of entering the company’s name in the
Register of Trade Marks Attorneys.
Note: For company and trade marks attorney director see section 6.
(6B) A company registered as a trade marks attorney is an incorporated
trade marks attorney.
(6C) A trade marks attorney director of a company is an individual
who is both:
(a) a registered trade marks attorney; and
(b) a validly appointed director of the company.
54 Subsection 228A(9)
Repeal the subsection.
55 Subsection 229(1)
Repeal the subsection, substitute:
(1) A communication made for the dominant purpose of a registered
trade marks attorney providing intellectual property advice to a
client is privileged in the same way, and to the same extent, as a
communication made for the dominant purpose of a lawyer
providing legal advice to a client.
(1A) A record or document made for the dominant purpose of a
registered trade marks attorney providing intellectual property
advice to a client is privileged in the same way, and to the same
extent, as a record or document made for the dominant purpose of
a lawyer providing legal advice to a client.
(1B) A reference in subsection (1) or (1A) to a registered trade marks
attorney includes a reference to an individual authorised to do trade
marks work under a law of another country or region, to the extent
to which the individual is authorised to provide intellectual
property advice of the kind provided.
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56 Subsection 229(3)
Repeal the subsection, substitute:
(3) Intellectual property advice means advice in relation to:
(a) patents; or
(b) trade marks; or
(c) designs; or
(d) plant breeder’s rights; or
(e) any related matters.
(4) Nothing in this section authorises a registered trade marks attorney
to prepare a document to be issued from or filed in a court or to
transact business, or conduct proceedings, in a court.
57 After section 229
Insert:
229A Designated Manager may disclose information to ASIC
The Designated Manager may disclose to the Australian Securities
and Investments Commission, information (including personal
information within the meaning of the Privacy Act 1988) that is:
(a) relevant to the functions of the Commission; and
(b) obtained by the Designated Manager as a result of the
performance of functions and duties, or the exercise of
powers, in relation to incorporated trade marks attorneys.
58 After subparagraph 231(2)(ha)(i)
Insert:
(ia) assessing the professional conduct of registered trade
marks attorneys by reference to standards of practice
established by the Professional Standards Board from
time to time;
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Schedule 5 Improving mechanisms for trade mark and copyright enforcement
Part 1 Customs seizure
Schedule 5—Improving mechanisms for trade mark and copyright enforcement
Part 1—Customs seizure
Copyright Act 1968
1 Section 134B
Insert:
action period, in relation to particular seized copies, means the
period prescribed by the regulations after notice of a claim for
release of the copies is given to the objector under
section 135AED.
2 Section 134B
Insert:
claim period, in relation to particular seized copies, means the
period prescribed by the regulations after notice of seizure of the
copies is given to the importer under section 135AC.
3 Section 134B
Insert:
personal information has the same meaning as in the Privacy Act
1988.
4 Section 134B
Insert:
working day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory.
5 Subsection 135AC(1)
After “notice”, insert “(the seizure notice)”.
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Customs seizure Part 1
6 Subsections 135AC(2) to (7)
Repeal the subsections, substitute:
(2) The seizure notice must state that the copies will be released to the
importer if:
(a) the importer makes a claim for the release of the copies
within the claim period; and
(b) the objector has not, by the end of the action period:
(i) instituted an action for infringement of copyright in
relation to the copies; and
(ii) given the CEO written notice of that action.
(3) The seizure notice must also:
(a) set out the claim period for the copies; and
(b) set out the action period for the copies and state that the
action period will begin only if the importer makes a claim
for the release of the copies; and
(c) if the notice is given to the objector—state the name and the
address of the place of business or residence of the importer
(if known); and
(d) if the notice is given to the importer—state the name and the
address of the place of business or residence of:
(i) the objector; or
(ii) if the objector has nominated a person to be the
objector’s agent or representative for the purposes of
this Division—that person.
7 Paragraph 135AC(8)(a)
Repeal the paragraph, substitute:
(a) the name, and the address of the place of business or
residence, of any person or body (whether in or outside
Australia) that made arrangements, on behalf of the importer,
for the copies to be brought to Australia or any information
that the CEO has, and believes on reasonable grounds may
help in identifying and locating such a person or body; and
8 Paragraph 135AC(8)(b)
Omit “other information”, substitute “information (including personal
information)”.
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Part 1 Customs seizure
9 Subsections 135AD(2) and (3)
Omit “sample”, substitute “or more samples”.
10 Subsection 135AD(4)
Omit “copy” (wherever occurring), substitute “copies”.
11 Subsection 135AD(5)
Omit “a sample copy” (wherever occurring), substitute “sample copies”.
12 Subsection 135AE(3)
Omit all the words after “the Commonwealth”.
13 Section 135AF
Repeal the section, substitute:
135AEA Claim for release of seized copies
(1) The importer may make a claim to the CEO for the release of
seized copies.
(2) The claim must be made before the end of the claim period for the
copies.
(3) The claim must:
(a) be in the form (if any) prescribed by the regulations; and
(b) include the information prescribed by the regulations.
Note: Sections 137.1 and 137.2 of the Criminal Code create offences for
providing false or misleading information or documents.
135AEB Seized copies not claimed are forfeited
(1) Seized copies are forfeited to the Commonwealth if a claim for the
release of the goods is not made within the claim period for the
copies.
(2) However, if the CEO allows a late claim for the copies (see
section 135AEC), the copies are taken not to have been forfeited.
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Customs seizure Part 1
135AEC Late claim for release of seized goods
(1) The CEO may allow the importer to make a claim (the late claim)
to the CEO for the release of seized copies after the end of the
claim period for the copies.
(2) The CEO may allow the late claim only if:
(a) an action for infringement of copyright in relation to the
copies has not been instituted; and
(b) the CEO considers it reasonable in the circumstances; and
(c) the goods have not been disposed of under section 135AI.
135AED Objector to be notified of claim
(1) If the importer makes a claim for the release of seized copies, the
CEO must, as soon as practicable, give notice of the claim to the
objector.
(2) The notice:
(a) must be in writing; and
(b) may include any information that the CEO has, and believes
on reasonable grounds may be relevant, for the purpose of
identifying and locating either or both of the following:
(i) the importer of the copies;
(ii) any other person or body (whether in or outside
Australia) that made arrangements for the copies to be
brought to Australia.
135AF Release of seized copies to importer
(1) The CEO must release seized copies to the importer if:
(a) the objector gives written notice to the CEO stating that the
objector consents to the release of the seized copies; and
(b) the copies have not been disposed of under section 135AI.
(2) The CEO may release seized copies to the importer at any time if:
(a) the CEO, having regard to information that has come to his
or her knowledge after the copies were seized, is satisfied
that there are no reasonable grounds for believing that
copyright has been infringed by the importation of the
copies; and
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Part 1 Customs seizure
(b) the objector has not brought an action for infringement of
copyright in relation to the copies.
(3) The CEO must release seized copies to the importer if:
(a) the importer has made a claim for the release of the copies;
and
(b) the objector has not, by the end of the action period:
(i) instituted an action for infringement of copyright in
relation to the copies; and
(ii) given the CEO written notice of that action.
(4) The CEO must release seized copies to the importer if:
(a) the importer has made a claim for the release of the copies;
and
(b) an action for infringement of copyright has been instituted in
relation to the copies; and
(c) at the end of a period of 20 working days commencing on the
day on which the action was instituted, there is not in force
an order of the court in which the action was instituted
preventing the release of the copies.
(5) This section has effect subject to section 135AH.
135AFA Copies released but not collected are forfeited
Seized copies are forfeited to the Commonwealth if:
(a) the copies are released by the CEO to the importer; and
(b) the importer does not take possession of the copies within 90
days of the release.
14 Section 135AI
Repeal the section, substitute:
135AI Disposal of seized copies forfeited to the Commonwealth
(1) Seized copies forfeited to the Commonwealth must be disposed of:
(a) in the manner prescribed by the regulations; or
(b) if no manner of disposal is so prescribed—as the CEO
directs.
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Customs seizure Part 1
(2) However, copies forfeited under section 135AEB must not be
disposed of until 30 days after their forfeiture.
(3) Subsection (1) does not require the disposal of copies that are
required in relation to an action for infringement of copyright.
Right of compensation in certain circumstances
(4) Despite the forfeiture of seized copies to the Commonwealth, a
person may apply to a court of competent jurisdiction under this
section for compensation for the disposal of the copies.
(5) A right to compensation exists if:
(a) the copies did not infringe the objector’s copyright; and
(b) the person establishes, to the satisfaction of the court:
(i) that he or she was the owner of the copies immediately
before they were forfeited; and
(ii) that there were circumstances providing a reasonable
excuse for the failure to make a claim for the release of
the copies.
(6) If a right to compensation exists under subsection (4), the court
must order the payment by the Commonwealth to the person of an
amount equal to the market value of the copies at the time of their
disposal.
15 Paragraph 195B(1)(c)
Repeal the paragraph, substitute:
(c) a decision of the CEO under section 135AA refusing to seize
copies under subsection 135(7);
(ca) a decision of the CEO under section 135AEC refusing to
allow a late claim for the release of seized copies;
(cb) a decision of the CEO under section 135AJ refusing to seize
copies under subsection 135(7);
16 Subsection 195B(3)
Omit “paragraph (1)(ba), (c) or (d)”, substitute “paragraphs (1)(ba) to
(d)”.
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Trade Marks Act 1995
17 Readers guide (list of terms defined in section 6)
Insert the following terms in their appropriate alphabetical positions:
“action period”
“claim period”
“personal information”.
18 Section 6
Insert:
action period, in relation to particular seized goods, means the
period prescribed by the regulations after notice of a claim for
release of the goods is given to the objector under section 136C.
19 Section 6
Insert:
claim period, in relation to particular seized goods, means the
period prescribed by the regulations after notice of seizure of the
goods is given to the designated owner under section 134.
20 Section 6
Insert:
personal information has the same meaning as in the Privacy Act
1988.
21 Section 134
Repeal the section, substitute:
134 Notice of seizure
(1) As soon as is practicable after goods are seized under section 133,
the Customs CEO must give to the designated owner and the
objector, either personally or by post, a written notice (the seizure
notice) identifying the goods and stating that the identified goods
have been seized.
Note: For designated owner and objector see section 6.
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Customs seizure Part 1
(2) The seizure notice must state that the goods will be released to the
designated owner if:
(a) the designated owner makes a claim for the release of the
goods within the claim period; and
(b) the objector has not, by the end of the action period:
(i) instituted an action for infringement of the notified trade
mark in respect of the goods; and
(ii) given the Customs CEO written notice of that action.
Note: For claim period, action period and notified trade mark see section 6.
(3) The seizure notice must also:
(a) set out the claim period for the goods; and
(b) set out the action period for the goods and state that the
action period will begin only if the designated owner makes a
claim for the release of the goods; and
(c) if the notice is given to the objector—state the name and the
address of the place of business or residence of the
designated owner (if known); and
(d) if the notice is given to the designated owner—state the name
and the address of the place of business or residence of:
(i) the objector; or
(ii) if the objector has nominated a person to be the
objector’s agent or representative for the purposes of
this Division—that person.
(4) The Customs CEO may, at any time after the goods are seized,
give to the objector:
(a) the name and the address of the place of business or
residence of any person or body (whether in or outside
Australia) that made arrangements, on behalf of the
designated owner of the goods, for the goods to be brought to
Australia or any information that the Customs CEO has, and
believes on reasonable grounds may help in identifying and
locating such a person or body; and
(b) any information (including personal information) that the
Customs CEO has and believes on reasonable grounds may
be relevant for the purpose of identifying and locating the
importer of the goods; and
(c) any information (including personal information) that the
Customs CEO has and believes on reasonable grounds may
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be relevant for the purpose of identifying and locating the
designated owner of the goods.
134A Inspection, release etc. of seized goods
(1) The Customs CEO may permit the objector or the designated
owner to inspect the seized goods.
Note: For designated owner, objector and seized goods see section 6.
(2) If the objector gives the Customs CEO the requisite undertakings,
the Customs CEO may permit the objector to remove one or more
samples of the seized goods from the custody of the Customs CEO
for inspection by the objector.
(3) If the designated owner gives the Customs CEO the requisite
undertakings, the Customs CEO may permit the designated owner
to remove one or more samples of the seized goods from the
custody of the Customs CEO for inspection by the designated
owner.
(4) The requisite undertakings are undertakings in writing that the
person giving the undertaking will:
(a) return the sample goods to the Customs CEO at a specified
time that is satisfactory to the Customs CEO; and
(b) take reasonable care to prevent damage to the sample goods.
(5) If the Customs CEO permits inspection of the seized goods, or the
removal of sample goods, by the objector in accordance with this
section, the Commonwealth is not liable to the designated owner
for any loss or damage suffered by the designated owner arising
out of:
(a) damage to any of the seized goods incurred during that
inspection; or
(b) anything done by the objector or any other person to, or in
relation to, sample goods removed from the custody of the
Customs CEO or any use made by the objector of such
sample goods.
Note: The heading to section 135 is replaced by the heading “Consent to forfeiture of seized goods”.
22 Section 136
Repeal the section, substitute:
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136 Claim for release of seized goods
(1) The designated owner may make a claim to the Customs CEO for
the release of seized goods.
Note: For designated owner and seized goods see section 6.
(2) The claim must be made before the end of the claim period for the
goods.
Note: For claim period see section 6.
(3) The claim must:
(a) be in the form (if any) prescribed by the regulations; and
(b) include the information prescribed by the regulations.
Note: Sections 137.1 and 137.2 of the Criminal Code create offences for
providing false or misleading information or documents.
136A Seized goods not claimed are forfeited
(1) Seized goods are forfeited to the Commonwealth if a claim for the
release of the goods is not made within the claim period for the
goods.
Note: For seized goods and claim period see section 6.
(2) However, if the Customs CEO allows a late claim for the goods
(see section 136B), the goods are taken not to have been forfeited.
136B Late claim for release of seized goods
(1) The Customs CEO may allow the designated owner to make a
claim (the late claim) to the Customs CEO for the release of seized
goods after the end of the claim period for the goods.
Note: For objector, seized goods and claim period see section 6.
(2) The Customs CEO may allow the late claim only if:
(a) an action for infringement of the notified trade mark in
respect of the goods has not been instituted; and
(b) the Customs CEO considers it reasonable in the
circumstances; and
(c) the goods have not been disposed of under section 139.
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(3) An application may be made to the Administrative Appeals
Tribunal for the review of a decision of the Customs CEO under
subsection (1) refusing to allow a late claim for the release of
seized goods.
136C Objector to be notified of claim
(1) If the designated owner makes a claim for the release of seized
goods, the Customs CEO must, as soon as practicable, give notice
of the claim to the objector.
Note: For designated owner, objector and seized goods see section 6.
(2) The notice:
(a) must be in writing; and
(b) may include any information that the Customs CEO has, and
believes on reasonable grounds may be relevant, for the
purpose of identifying and locating either or both of the
following:
(i) the importer of the goods;
(ii) any other person or body (whether in or outside
Australia) that made arrangements for the goods to be
brought to Australia.
136D Release of seized goods
(1) The Customs CEO must release seized goods to the designated
owner if:
(a) the objector gives written notice to the Customs CEO stating
that the objector consents to the release of the seized goods;
and
(b) the goods have not been disposed of under section 139.
Note: For designated owner, objector and seized goods see section 6.
(2) The Customs CEO may release seized goods to the designated
owner at any time if:
(a) the Customs CEO, having regard to information that has
come to his or her knowledge after the goods were seized, is
satisfied that there are no reasonable grounds for believing
that the notified trade mark has been infringed by the
importation of the goods; and
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(b) the objector has not brought an action for infringement of the
notified trade mark in respect of the goods.
(3) The Customs CEO must release seized goods to the designated
owner if:
(a) the designated owner has made a claim for the release of the
goods; and
(b) the objector has not, by the end of the action period:
(i) instituted an action for infringement of the notified trade
mark in respect of the goods; and
(ii) given the Customs CEO written notice of that action.
Note: For action period see section 6.
(4) The CEO must release seized goods to the designated owner if:
(a) the designated owner has made a claim for the release of the
goods; and
(b) action for infringement of the notified trade mark in respect
of the goods has been instituted; and
(c) at the end of a period of 20 working days commencing on the
day on which the action was instituted, there is not in force
an order of the court in which the action was instituted
preventing the release of the goods.
(5) This section has effect subject to section 140.
136E Goods released but not collected are forfeited
Seized goods are forfeited to the Commonwealth if:
(a) the goods are released by the Customs CEO to the designated
owner; and
(b) the designated owner does not take possession of the goods
within 90 days of the release.
Note: For designated owner and seized goods see section 6.
23 Subsection 137(1)
Omit all the words after “in respect of seized goods”.
24 Paragraph 137(3)(a)
Omit “their”, substitute “the”.
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25 Subsection 137(5)
Repeal the subsection.
26 Section 139
Repeal the section, substitute:
139 Disposal of seized goods forfeited to the Commonwealth
(1) Seized goods forfeited to the Commonwealth must be disposed of:
(a) in the manner prescribed by the regulations; or
(b) if no manner of disposal is so prescribed—as the Customs
CEO directs.
Note: For seized goods see section 6.
(2) However, goods forfeited under section 136A must not be disposed
of until 30 days after their forfeiture.
Note: If the Customs CEO allows a late claim under section 136B for goods
that have been forfeited under section 136A, the goods are taken not
to have been forfeited.
(3) Subsection (1) does not require the disposal of goods that are
required in relation to an action for infringement of a trade mark.
Right of compensation in certain circumstances
(4) Despite the forfeiture of seized goods to the Commonwealth, a
person may apply to a court of competent jurisdiction under this
section for compensation for the disposal of the goods.
(5) A right to compensation exists if:
(a) the goods did not infringe the objector’s notified trade mark;
and
(b) the person establishes, to the satisfaction of the court:
(i) that he or she was the owner of the goods immediately
before they were forfeited; and
(ii) that there were circumstances providing a reasonable
excuse for the failure to make a claim for the release of
the goods.
(6) If a right to compensation exists under subsection (4), the court
must order the payment by the Commonwealth to the person of an
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amount equal to the market value of the goods at the time of their
disposal.
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Part 2 Trade Mark offences
Part 2—Trade Mark offences
Trade Marks Act 1995
27 Sections 145 to 149
Repeal the sections, substitute:
145 Falsifying or removing a registered trade mark
Indictable offence
(1) A person commits an offence if:
(a) a registered trade mark has been applied to goods, or in
relation to goods or services; and
(b) the goods or services are being, or are to be, dealt with or
provided in the course of trade; and
(c) the person:
(i) alters or defaces the trade mark; or
(ii) makes any addition to the trade mark; or
(iii) wholly or partly removes, erases or obliterates the trade
mark; and
(d) the person does so without:
(i) the permission of the registered owner, or an authorised
user, of the trade mark; or
(ii) being required or authorised to do so by this Act, a
direction of the Registrar or an order of a court.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
Note 1: For registered trade mark and registered owner see section 6.
Note 2: For authorised user see section 8.
Note 3: For applied to goods and applied in relation to goods or services see
section 9.
Note 4: International trade marks may be protected under the regulations: see
Part 17A.
Summary offence
(2) A person commits an offence if:
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(a) a registered trade mark has been applied to goods, or in
relation to goods or services; and
(b) the goods or services are being, or are to be, dealt with or
provided in the course of trade; and
(c) the person:
(i) alters or defaces the trade mark; or
(ii) makes any addition to the trade mark; or
(iii) wholly or partly removes, erases or obliterates the trade
mark; and
(d) the person does so without:
(i) the permission of the registered owner, or an authorised
user, of the trade mark; or
(ii) being required or authorised to do so by this Act, a
direction of the Registrar or an order of a court.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(3) The fault element for paragraphs (2)(a), (b) and (d) is negligence.
146 Falsely applying a registered trade mark
Indictable offence
(1) A person commits an offence if:
(a) the person applies a mark or sign to goods, or in relation to
goods or services; and
(b) the goods or services are being, or are to be, dealt with or
provided in the course of trade; and
(c) the mark or sign is, or is substantially identical to, the
registered trade mark; and
(d) the person applies the mark or sign without:
(i) the permission of the registered owner, or an authorised
user, of the trade mark; or
(ii) being required or authorised to do so by this Act, a
direction of the Registrar or an order of a court.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
Note 1: For registered trade mark and registered owner see section 6.
Note 2: For authorised user see section 8.
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Note 3: International trade marks may be protected under the regulations: see
Part 17A.
Summary offence
(2) A person commits an offence if:
(a) the person applies a mark or sign to goods, or in relation to
goods or services; and
(b) the goods or services are being, or are to be, dealt with or
provided in the course of trade; and
(c) the mark or sign is, or is substantially identical to, the
registered trade mark; and
(d) the person applies the mark or sign without:
(i) the permission of the registered owner, or an authorised
user, of the trade mark; or
(ii) being required or authorised to do so by this Act, a
direction of the Registrar or an order of a court.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(3) The fault element for paragraphs (2)(b), (c) and (d) is negligence.
147 Making a die etc. for use in trade marks offence
Indictable offence
(1) A person commits an offence if:
(a) the person makes a die, block, machine or instrument; and
(b) the die, block, machine or instrument is likely to be used for,
or in the course of, committing an offence; and
(c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Summary offence
(3) A person commits an offence if:
(a) the person makes a die, block, machine or instrument; and
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(b) the die, block, machine or instrument is likely to be used for,
or in the course of, committing an offence; and
(c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(4) The fault element for paragraph (3)(b) is negligence.
(5) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
147A Drawing etc. trade marks for use in offence
Indictable offence
(1) A person commits an offence if:
(a) the person draws, or programs a computer or other device to
draw, a registered trade mark or part of a registered trade
mark; and
(b) the registered trade mark or part of the registered trade mark
is likely to be used for, or in the course of, an offence; and
(c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
Note: For registered trade mark see section 6.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Summary offence
(3) A person commits an offence if:
(a) the person draws, or programs a computer or other device to
draw, a registered trade mark or part of a registered trade
mark; and
(b) the registered trade mark or part of the registered trade mark
is likely to be used for, or in the course of, an offence; and
(c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(4) The fault element for paragraph (3)(b) is negligence.
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(5) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
147B Possessing or disposing of things for use in trade marks
offence
Indictable offence
(1) A person commits an offence if:
(a) the person possesses or disposes of:
(i) a die, block, machine or instrument; or
(ii) a computer, or other device, programmed to draw a
registered trade mark or part of a registered trade mark;
or
(iii) a representation of a registered trade mark or of part of a
registered trade mark; and
(b) the die, block, machine, instrument, computer, device or
representation is likely to be used for, or in the course of, an
offence; and
(c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
Note: For registered trade mark see section 6.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
Summary offence
(3) A person commits an offence if:
(a) the possesses or disposes of:
(i) a die, block, machine or instrument; or
(ii) a computer, or other device, programmed to draw a
registered trade mark or part of a registered trade mark;
or
(iii) a representation of a registered trade mark or of part of a
registered trade mark; and
(b) the die, block, machine, instrument, computer, device or
representation is likely to be used for, or in the course of, an
offence; and
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(c) the offence is an offence against section 145 or 146.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(4) The fault element for paragraph (3)(b) is negligence.
(5) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
148 Goods with false trade marks
Indictable offence
(1) A person commits an offence if:
(a) the person:
(i) sells goods; or
(ii) exposes goods for sale; or
(iii) possesses goods for the purpose of trade or
manufacture; or
(iv) imports goods into Australia for the purpose of trade or
manufacture; and
(b) any of the following applies:
(i) there is a registered trade mark on the goods;
(ii) there is a mark or sign on the goods that is substantially
identical to a registered trade mark;
(iii) a registered trade mark on the goods has been altered,
defaced, added to, wholly or partly removed, erased or
obliterated; and
(c) the registered trade mark, or mark or sign, was applied,
altered, defaced, added to, wholly or partly removed, erased
or obliterated, as the case requires, without:
(i) the permission of the registered owner, or an authorised
user, of the trade mark; or
(ii) the application being required or authorised by this Act,
a direction of the Registrar or an order of a court.
Penalty: Imprisonment for 5 years or 550 penalty units, or both.
Summary offence
(2) A person commits an offence if:
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(a) the person:
(i) sells goods; or
(ii) exposes goods for sale; or
(iii) possesses goods for the purpose of trade or
manufacture; or
(iv) imports goods into Australia for the purpose of trade or
manufacture; and
(b) any of the following applies:
(i) there is a registered trade mark applied to the goods;
(ii) there is a mark or sign applied to the goods that is
substantially identical to a registered trade mark;
(iii) a registered trade mark applied to the goods has been
altered, defaced, added to, wholly or partly removed,
erased or obliterated; and
(c) the registered trade mark, or mark or sign, was applied,
altered, defaced, added to, wholly or partly removed, erased
or obliterated, as the case requires, without:
(i) the permission of the registered owner, or an authorised
user, of the trade mark; or
(ii) the application being required or authorised by this Act,
a direction of the Registrar or an order of a court.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(3) The fault element for paragraphs (2)(b) and (c) is negligence.
Note 1: For registered trade mark see section 6.
Note 2: For applied to goods see section 9.
Note 3: International trade marks may be protected under the regulations: see
Part 17A.
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Relief for infringement of trade marks Part 3
Part 3—Relief for infringement of trade marks
Trade Marks Act 1995
28 Section 126
Before “The”, insert “(1)”.
29 At the end of section 126
Add:
(2) A court may include an additional amount in an assessment of
damages for an infringement of a registered trade mark, if the court
considers it appropriate to do so having regard to:
(a) the flagrancy of the infringement; and
(b) the need to deter similar infringements of registered trade
marks; and
(c) the conduct of the party that infringed the registered trade
mark that occurred:
(i) after the act constituting the infringement; or
(ii) after that party was informed that it had allegedly
infringed the registered trade mark; and
(d) any benefit shown to have accrued to that party because of
the infringement; and
(e) all other relevant matters.
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Schedule 6—Simplifying the IP system
Part 1—Amendments
Designs Act 2003
1 Section 5 (definition of Convention country)
Repeal the definition, substitute:
Convention country has the meaning given by section 5A.
2 Section 5
Insert:
Federal Court means the Federal Court of Australia.
3 Section 5 (after paragraph (a) of the definition of prescribed court)
Insert:
(aa) the Federal Magistrates Court;
4 After section 5
Insert:
5A Meaning of Convention country
(1) In this Act:
Convention country means a foreign country or region of a kind
prescribed by the regulations.
(2) Despite subsection 14(2) of the Legislative Instruments Act 2003,
regulations made for the purposes of this section may make
provision in relation to a matter by applying, adopting or
incorporating, with or without modification, any matter contained
in any other instrument or other writing as in force or existing from
time to time.
5 Subsection 28(5)
After “Federal Court”, insert “or the Federal Magistrates Court”.
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6 Subsection 50(6)
After “Federal Court”, insert “or the Federal Magistrates Court”.
7 Subsection 52(7)
After “Federal Court”, insert “or the Federal Magistrates Court”.
8 Subsection 54(4)
After “Federal Court”, insert “or the Federal Magistrates Court”.
9 Subsection 67(4)
After “Federal Court”, insert “or the Federal Magistrates Court”.
10 Subsection 68(6)
After “Federal Court”, insert “or the Federal Magistrates Court”.
11 Section 82
Omit “is” (second occurring), substitute “and the Federal Magistrates
Court are”.
12 Subsection 83(2)
Repeal the subsection, substitute:
(2) The jurisdiction of the Federal Court to hear and determine appeals
from decisions of the Registrar is exclusive of the jurisdiction of
any other court other than the jurisdiction of:
(a) the Federal Magistrates Court under subsection 83A(2); and
(b) the High Court under section 75 of the Constitution.
13 After section 83
Insert:
83A Jurisdiction of the Federal Magistrates Court
(1) The Federal Magistrates Court has jurisdiction with respect to
matters arising under this Act.
(2) The jurisdiction of the Federal Magistrates Court to hear and
determine appeals from decisions of the Registrar is exclusive of
the jurisdiction of any other court other than the jurisdiction of:
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(a) the Federal Court under subsection 83(2); and
(b) the High Court under section 75 of the Constitution.
(3) A prosecution for an offence against this Act must not be brought
in the Federal Magistrates Court.
14 Subsection 84(1)
After “Federal Court”, insert “or the Federal Magistrates Court”.
15 Section 85
After “83”, insert “, 83A”.
16 At the end of section 86
Add:
(3) This section does not apply in relation to a transfer of proceedings
between the Federal Court and the Federal Magistrates Court.
Note: For transfers of proceedings from the Federal Magistrates Court to the
Federal Court, see section 39 of the Federal Magistrates Act 1999.
For transfers of proceedings from the Federal Court to the Federal
Magistrates Court, see section 32AB of the Federal Court of Australia
Act 1976.
17 Subsection 87(2)
After “single judge of the Federal Court”, insert “or the Federal
Magistrates Court”.
18 Section 88
After “Federal Court”, insert “or Federal Magistrates Court”.
Note: The heading to section 88 is altered by inserting “and Federal Magistrates Court” after “Federal Court”.
19 Section 89
After “Federal Court”, insert “or Federal Magistrates Court”.
20 Subsection 125(2)
Repeal the subsection, substitute:
(2) The Registrar may establish one or more sub-offices of the Designs
Office as the Registrar considers appropriate.
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(3) The Registrar may abolish any such sub-offices.
21 Subsections 136A(1) and (2)
After “of the Designs Office”, insert “(if any)”.
22 Section 144
Repeal the section, substitute:
144 Filing of documents
A document may be filed with the Designs Office by:
(a) delivering the document to the Designs Office, or a
sub-office of the Designs Office (if any), either personally or
by post; or
(b) any other prescribed means.
Patents Act 1990
23 Section 3 (in the list of definitions)
Omit “foreign patent office”.
24 Section 3 (in the list of definitions)
Omit “modified examination”.
25 Section 3 (in the list of definitions)
Omit “sealed”.
26 Section 4
Repeal the section.
27 Section 8
Repeal the section.
28 Paragraph 9(d)
Omit “Territory.”, substitute “Territory;”.
29 At the end of section 9 (before the note)
Add:
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(e) any use of the invention by or on behalf of, or with the
authority of, the patentee or nominated person, or his or her
predecessor in title to the invention, for any purpose, if a
complete application is made for the invention within the
prescribed period.
30 Section 10 (note)
Omit “: see also Chapter 8”.
31 Before section 22
Insert:
22A Validity not affected by who patent is granted to
A patent is not invalid merely because:
(a) the patent, or a share in the patent, was granted to a person
who was not entitled to it; or
(b) the patent, or a share in the patent, was not granted to a
person who was entitled to it.
32 Paragraph 24(1)(a)
Omit “, through any publication or use of the invention”.
33 Subsection 24(1)
Omit “patent application”, substitute “complete application”.
34 After section 29
Insert:
29A Applications for patents—special rules for PCT applications
(1) A PCT application is to be treated as a complete application under
this Act for a standard patent.
(2) The description, drawings and claims contained in a PCT
application are to be treated as a complete specification filed in
respect of the application.
(3) The specification of a PCT application is to be taken to be
amended in the circumstances, on the day and in the manner as
prescribed by the regulations.
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(4) A PCT application is to be taken to comply with the prescribed
requirements of this Act that relate to applications for standard
patents, but is not to be taken, merely because of subsection (1) or
(2), to comply with any other requirements of this Act.
(5) An applicant of a PCT application must do the following within the
prescribed period:
(a) if the application was not filed in the receiving Office in
English—file a translation of the application into English;
(b) in any case—file the prescribed documents and pay the
prescribed fees.
Note: A failure to comply with this subsection may result in the PCT
application lapsing: see paragraph 142(2)(f).
29B Applications for patents—special rules for Convention
applications
Making Convention applications
(1) A Convention applicant in relation to a basic application may make
a Convention application, or 2 or more such applicants may make a
joint Convention application.
(2) If 2 or more basic applications for protection in respect of
inventions have been made in one or more Convention countries,
one Convention application may be made within the prescribed
period by a Convention applicant in relation to those basic
applications, or by 2 or more such entitled applicants jointly, in
respect of the inventions disclosed in the basic applications.
(3) Subject to subsections (4) and (5), a Convention application must
be made and dealt with in the same way as any other patent
application.
(4) A patent request relating to a Convention application must:
(a) include the prescribed particulars relating to the relevant
basic application; and
(b) be accompanied by a complete specification.
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Meaning of Convention country
(5) Convention country means a foreign country or region of a kind
prescribed by the regulations.
(6) Despite subsection 14(2) of the Legislative Instruments Act 2003,
regulations made for the purposes of subsection (1) may make
provision in relation to a matter by applying, adopting or
incorporating, with or without modification, any matter contained
in any other instrument or other writing as in force or existing from
time to time.
Note: The heading to section 29 is altered by adding at the end “—general rules”.
35 Section 30
After “application”, insert “(including a PCT application)”.
36 Section 32
Before “If”, insert “(1)”.
37 Section 32
Omit “interested parties”, substitute “joint applicants”.
38 Section 32
Omit “parties” (second and third occurring), substitute “applicants”.
39 At the end of section 32
Add:
(2) The Commissioner may make a determination under subsection (1)
whether or not the application has lapsed.
(3) The Commissioner must not make a determination under
subsection (1) without first giving each joint applicant a reasonable
opportunity to be heard.
40 Paragraph 36(1)(a)
Omit “the patent request and complete specification have not been
accepted”, substitute “the patent has not been granted”.
41 After subsection 36(3)
Insert:
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(3A) The Commissioner may, after making a declaration under
subsection (1), make any determination the Commissioner thinks
fit for enabling the application to proceed in the name of one or
more of the declared persons.
42 After subsection 38(1)
Insert:
(1A) A Convention application must be made within the prescribed
period.
43 After subsection 40(3)
Insert:
(3A) The claim or claims must not rely on references to descriptions or
drawings unless absolutely necessary to define the invention.
44 Subsections 43(5) and (6)
Repeal the subsections, substitute:
(5) If, at the time when a Convention application or a PCT application
is made in respect of an invention:
(a) an application (the earlier application) has been made for
protection in respect of the invention in a Convention
country; and
(b) the earlier application was made in the prescribed period; and
(c) the earlier application has been withdrawn, abandoned or
refused without becoming open to public inspection; and
(d) the earlier application has not been used as the basis of
claiming a right of priority in a Convention country under a
law of that country; and
(e) a later application has been made by the same applicant for
protection in respect of the invention in a Convention
country;
the earlier application is taken, for the purposes of this Act, to have
never been made.
Note: For the purposes of paragraph (e), the later application need not have
been made in the same Convention country as the earlier application.
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45 After section 43
Insert:
43AA Disclosure in basic applications
Prescribed documents relating to basic applications
(1) The regulations may prescribe documents that relate to a basic
application.
Disclosures in prescribed documents may generally be taken into
account
(2) Without limiting the documents or disclosures that may be taken
into account for the purposes of this Act in relation to a basic
application, account may be taken of a disclosure in a prescribed
document that relates to a basic application.
Disclosures in prescribed documents must not be taken into
account if Commissioner’s requirement not complied with
(3) However, if the Commissioner makes a requirement under
subsection (4) in relation to a prescribed document, account must
not be taken, for the purposes of this Act, of a disclosure in the
prescribed document unless the document has been made available
by the prescribed means and within the prescribed period.
Commissioner may require prescribed documents be made
available
(4) The Commissioner may require that a prescribed document relating
to a basic application be made available to the Commissioner by
the prescribed means and within the prescribed period.
(5) The Commissioner may make a requirement under subsection (4)
more than once in relation to the same prescribed document.
46 Subsection 45(1)
Omit “Where”, substitute “Subject to subsection (1A), if”.
47 After subsection 45(1)
Insert:
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(1A) If a PCT application has been made and the prescribed
requirements have not been met, the Commissioner may decline to
examine the request and specification under subsection (1) until the
requirements have been met.
48 Subsections 45(3) to (5)
Repeal the subsections.
49 Section 46
Repeal the section.
50 Division 2 of Part 2 of Chapter 3
Repeal the Division.
51 Subsections 49(3) and (4)
Repeal the subsections.
52 Subsection 49(6)
Repeal the subsection, substitute:
(6) If the patent request and complete specification have not already
become open to public inspection, the notice mentioned in
paragraph (5)(b) must include a statement to the effect that the
patent request and specification are open to public inspection.
53 After section 49
Insert:
49A Postponing acceptance of patent request: standard patent
(1) The Commissioner may postpone acceptance of a patent request
and complete specification:
(a) on his or her own initiative; or
(b) if requested to do so in writing by the applicant.
(2) If the Commissioner postpones acceptance on his or her own
initiative, he or she must specify a day to which acceptance is
postponed.
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(3) If the Commissioner postpones acceptance following a request by
the applicant, the Commissioner may specify a day to which
acceptance is postponed.
(4) The day specified under subsection (2) or (3) cannot be a day that
is after the end of the period prescribed for the purposes of
paragraph 142(2)(e).
(5) If:
(a) acceptance is postponed under subsection (1) following a
request by the applicant; and
(b) the Commissioner has not specified a day to which
acceptance is postponed;
the Commissioner is not required to accept the patent request and
complete specification unless the applicant withdraws the request
in writing.
Note: If the applicant does not withdraw the request before the day
prescribed by the regulations, the application lapses: see
paragraph 142(2)(e).
54 After section 50
Insert:
50A Revocation of acceptance
(1) The Commissioner may revoke the acceptance of a patent request
and complete specification relating to an application for a standard
patent if the Commissioner is satisfied, on the balance of
probabilities, that:
(a) a patent has not been granted on the application; and
(b) the request and specification should not have been accepted,
taking account of all the circumstances that existed when the
request and specification were accepted (whether or not the
Commissioner knew then of their existence); and
(c) it is reasonable to revoke the acceptance, taking account of
all the circumstances.
(2) If the Commissioner revokes the acceptance:
(a) the patent request and complete specification are taken to
have never been accepted; and
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(b) the Commissioner must continue to examine, and report on,
the application under section 45; and
(c) sections 49 and 50 continue to apply in relation to the request
and specification.
55 At the end of section 51
Add “(other than a decision under section 50A)”.
56 Section 53
Repeal the section, substitute:
53 Publication of certain information about applicants etc.
(1) If a patent application (other than a PCT application) is made, the
Commissioner must publish in the Official Journal the prescribed
information about the applicant and the application.
(2) The regulations may make provision for and in relation to the
publication of information relating to PCT applications.
57 Subsection 55(3)
Omit “section 90”, substitute “section 56A”.
58 After section 56
Insert:
56A Publication and inspection of PCT applications
(1) The regulations may make provision for and in relation to the
public inspection of PCT applications.
(2) Without limiting subsection (1), the regulations may make
provision for and in relation to:
(a) notices regarding the opening of complete specifications
relating to PCT applications to public inspection; and
(b) the circumstances in which PCT applications become open to
public inspection.
59 At the end of subsection 57(1)
Add:
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(5) For the purposes of applying this section to a PCT application,
references to the complete specification becoming open to public
inspection are references to the PCT application becoming open to
public inspection in accordance with regulations made for the
purposes of section 56A.
60 Subsection 61(1)
Omit “by sealing a standard patent in the approved form”, substitute
“by registering prescribed particulars of the patent in the Register”.
61 At the end of section 61
Add:
(3) The Commissioner must notify the patentee that the standard
patent has been granted.
62 Subsection 62(1)
Omit “by sealing an innovation patent in the approved form”, substitute
“by registering prescribed particulars of the patent in the Register”.
63 At the end of section 62
Add:
(4) The Commissioner must notify the patentee that the innovation
patent has been granted.
64 Section 66
Repeal the section.
65 Subsection 79C(1)
Omit “sealed”, substitute “granted”.
66 Subsection 81(3)
Omit “sealed” (wherever occurring), substitute “granted”.
67 Chapter 8
Repeal the Chapter.
68 Section 101D
Repeal the section.
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69 After section 101E
Insert:
101EA Revocation of certificate of examination
(1) The Commissioner may revoke a certificate of examination issued
in relation to an innovation patent if the Commissioner is satisfied,
on the balance of probabilities, that:
(a) the certificate of examination should not have been issued,
taking account of all the circumstances that existed when the
certificate was issued (whether or not the Commissioner
knew then of their existence); and
(b) it is reasonable to revoke the certificate, taking account of all
the circumstances; and
(c) there are no relevant proceedings pending.
(2) If the Commissioner revokes the certificate:
(a) all of the provisions of section 101E are taken, after
revocation, to have never operated in relation to the patent;
and
(b) the Commissioner must continue to examine and report on
the patent under section 101B; and
(c) sections 101E and 101F continue to apply in relation to the
patent.
70 Subsection 102(2C)
Repeal the subsection.
71 Subsection 105(1)
Omit “the patent,”.
72 Subsection 105(6)
Omit “patent,”.
73 Sections 125 to 127
Repeal the sections, substitute:
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125 Application for non-infringement declaration
(1) A person who has done, is doing, or is intending to do an act may
apply to a prescribed court for a declaration that the doing of the
act does not, or would not, infringe a patent.
(2) An application may be made:
(a) for a declaration in relation to an invention claimed in a
standard patent—at any time after the patent has been
granted; and
(b) for a declaration in relation to an innovation patent—at any
time after the patent has been certified; and
(c) whether or not the patentee has made any assertion to the
effect that the doing of the act has or would infringe the
claim.
(3) The patentee must be joined as a respondent in the proceedings.
126 Proceedings for non-infringement declarations
(1) A prescribed court must not make a non-infringement declaration
unless:
(a) the applicant for the declaration:
(i) has asked the patentee in writing for a written admission
that the doing of the act has not infringed, or would not
infringe, the patent; and
(ii) has given the patentee full written particulars of the act
done, or proposed to be done; and
(iii) has undertaken to pay a reasonable sum for the
patentee’s expenses in obtaining advice about whether
the act has infringed or would infringe the claim; and
(b) the patentee has refused or failed to make the admission.
(2) The court may make orders as to costs as the court thinks fit.
127 Effect of non-infringement declarations
If:
(a) a patentee has given a person a written admission that the
doing of an act has not infringed, or would not infringe, a
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claim, or a prescribed court has made a non-infringement
declaration in respect of an invention; and
(b) the patentee later gets an injunction restraining the person
from doing the act as specified in the admission, or the
declaration is revoked;
the person is not liable:
(c) to account to the patentee for any profits, made by the person
before the date on which the injunction was granted or the
declaration was revoked, from the doing of the act as
specified in the admission or declaration; or
(d) to pay damages for any loss suffered by the patentee before
that date as a result of the doing of that act.
74 Subsection 135(2)
Omit “sealed”, substitute “granted”.
75 At the end of section 138
Add:
(4) A court must not make an order under subsection (3) on the ground
that the patentee is not entitled to the patent unless the court is
satisfied that, in all the circumstances, it is just and equitable to do
so.
76 Subsection 141(2)
Repeal the subsection, substitute:
(2) The regulations may prescribe circumstances in which PCT
applications may be withdrawn, or are to be taken to be withdrawn.
77 Paragraph 142(2)(c)
Repeal the paragraph.
78 At the end of subsection 142(2)
Add:
; or (f) if the application is a PCT application—prescribed
circumstances apply to the application.
79 After section 191
Insert:
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191A Commissioner’s power to rectify register
(1) The Commissioner may rectify the Register if the Commissioner is
satisfied, on the balance of probabilities, whether on application or
otherwise, of any of the following:
(a) the omission of an entry from the Register;
(b) an entry made in the Register without sufficient cause;
(c) an entry wrongly existing in the Register;
(d) an error or defect in an entry in the Register.
(2) The Commissioner must, on application, make a declaration as to a
person’s entitlement to a patent, or a share in a patent, if the
Commissioner is satisfied, on the balance of probabilities, that the
Register does not properly record a person’s entitlement to a
patent, or a share in a patent:
(a) because the patent, or a share in the patent, was granted to a
person who was not entitled to it; or
(b) because the patent, or a share in the patent, was not granted
to a person who was entitled to it; or
(c) for any other reason.
(3) If the Commissioner makes a declaration under subsection (2), the
Commissioner must rectify the Register accordingly.
(4) The Commissioner must not make a declaration, or rectify the
Register, under this section without first giving the following
persons a reasonable opportunity to be heard:
(a) the person whose entitlement is not properly recorded by the
Register;
(b) any person whose entitlement to the patent, or a share in the
patent, is recorded in the Register.
(5) The Commissioner must not make a declaration or rectify the
Register under this section while relevant proceedings in relation to
the patent are pending.
(6) An appeal lies to the Federal Court against a decision of the
Commissioner:
(a) to make, or refuse to make, a declaration; or
(b) to rectify, or not rectify, the Register;
under this section.
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80 At the end of Chapter 19
Add:
197AA Evidence of matters arising under PCT
A certificate signed by the Commissioner in relation to an
international application, certifying that:
(a) any matter or thing required or permitted by or under this Act
or the PCT to be made or done has been made or done; or
(b) any matter or thing required by or under this Act or the PCT
not to be made or done has not been made or done;
is prima facie evidence of the matters contained in the certificate.
81 Subsection 205(2)
Repeal the subsection, substitute:
(2) The Commissioner may establish one or more sub-offices of the
Patent Office as the Commissioner considers appropriate.
(3) The Commissioner may abolish any such sub-offices.
82 Section 214
Repeal the section, substitute:
214 Filing of documents
A document may be filed with the Patent Office by:
(a) delivering the document to the Patent Office or a sub-office
of the Patent Office (if any) either personally or by post; or
(b) any other prescribed means.
83 Subsection 215(3)
Omit “the patent by”, substitute “the Register by”.
84 Subsection 222A(1)
After “of the Patent Office”, insert “(if any)”.
85 At the end of subsection 223(1)
Add:
; or (d) the receiving Office; or
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(e) the International Bureau of the World Intellectual Property
Organization.
86 Paragraph 224(1)(a)
Omit “, 52 or 66, subsection 74(3)”, substitute “or 52,
subsection 56(1)(b), 74(3)”.
87 Section 226
Repeal the section, substitute:
226 Documents open to public inspection do not infringe copyright
(1) If a document mentioned in subsection (2) is open to public
inspection, doing any of the following in relation to the whole or
part of the document does not constitute an infringement of any
copyright subsisting under the Copyright Act 1968 in any literary
or artistic work:
(a) reproducing the document in two-dimensional form;
(b) communicating (within the meaning of that Act) the
document to the public;
(c) translating (within the meaning of that Act) the document.
(2) The documents are:
(a) a provisional specification; and
(b) a complete specification; and
(c) a prescribed document.
(3) If a reproduction of an unpublished work is made as a result of a
document being open to public inspection, the supply or
communication of the reproduction does not constitute the
publication of the work for the purposes of the Copyright Act 1968.
88 Subsection 227(3) (note)
Omit “89(3)”, substitute “29A(5)”.
89 Paragraph 228(2)(f)
Repeal the paragraph.
90 After paragraph 228(2)(ha)
Insert:
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(i) setting out the checking process for PCT applications
including, in particular, the following matters:
(i) specifying the requirements that must be met in respect
of a PCT application, once the requirements of
subsection 29A(5) have been met;
(ii) empowering the Commissioner to direct an applicant to
do such things as are necessary to ensure that the PCT
application is in accordance with those requirements;
(iii) providing for the lapsing of the PCT application if such
a direction is not complied with within a time specified
in the regulations;
91 Subsections 228(5) and (6)
Repeal the subsections.
92 Schedule 1 (at the end of the definition of Budapest Treaty)
Add:
Note: The text of the Treaty is set out in Australian Treaty Series 1987 No. 9
([1987] ATS 9). In 2011, the text of a Treaty in the Australian Treaty
Series was accessible through the Australian Treaties Library on the
AustLII website (www.austlii.edu.au).
93 Schedule 1 (definition of Convention application)
Omit “Part 2 of Chapter 8”, substitute “Part 1 of Chapter 3”.
94 Schedule 1 (definition of Convention country)
Repeal the definition, substitute:
Convention country has the meaning given by section 29B.
95 Schedule 1 (paragraph (a) of the definition of examination)
Omit “, or a modified examination of the request and specification
under section 48”.
96 Schedule 1 (definition of foreign patent office)
Repeal the definition.
97 Schedule 1 (definition of international filing date)
Repeal the definition, substitute:
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international filing date, in relation to an international application,
means the date given to the international application as its
international filing date under the PCT.
98 Schedule 1 (definition of modified examination)
Repeal the definition.
99 Schedule 1 (at the end of the definition of PCT)
Add:
Note: The text of the Treaty is set out in Australian Treaty Series 1980 No. 6
([1980] ATS 6). In 2011, the text of a Treaty in the Australian Treaty
Series was accessible through the Australian Treaties Library on the
AustLII website (www.austlii.edu.au).
100 Schedule 1 (definition of PCT application)
Repeal the definition, substitute:
PCT application means an international application in which
Australia is specified as a designated State under Article 4(1)(ii) of
the PCT.
101 Schedule 1 (sub-subparagraph (b)(ii)(B) of the definition of prior art base)
After “published”, insert “on or”.
102 Schedule 1 (sub subparagraph (b)(ii)(C) of the definition of prior art base)
Omit “and when it was published”.
103 Schedule 1 (definition of sealed)
Repeal the definition.
Plant Breeder’s Rights Act 1994
104 Subsection 3(1) (definition of Convention)
Repeal the definition, substitute:
Convention means the International Convention for the Protection
of New Varieties of Plants, done at Geneva on 23 October 1978, as
that treaty is in force for Australia from time to time.
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Note: The text of the Convention is set out in Australian Treaty Series 1989
No. 2 ([1989] ATS 2). In 2011, the text of a Convention in the
Australian Treaty Series was accessible through the Australian
Treaties Library on the AustLII website (www.austlii.edu.au).
105 Subsection 43(10)
Insert:
authority has the same meaning as in the Convention.
106 Subsection 43(10)
Insert:
territory has the same meaning as in the Convention.
107 Subsection 43(10)
Insert:
variety has the same meaning as in the Convention.
108 Schedule
Repeal the schedule.
Trade Marks Act 1995
109 Subsection 6(1) (definition of Convention country)
Repeal the definition, substitute:
Convention country means a foreign country or region of a kind
prescribed by the regulations.
110 At the end of section 6
Add:
(3) Despite subsection 14(2) of the Legislative Instruments Act 2003,
regulations made for the purposes of the definition of Convention
country in subsection (1) may make provision in relation to a
matter by applying, adopting or incorporating, with or without
modification, any matter contained in any other instrument or other
writing as in force or existing from time to time.
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111 Subsection 27(4)
After “sub-offices”, insert “(if any)”.
112 Section 35
After “Federal Court”, insert “or the Federal Magistrates Court”.
113 Section 41
Repeal the section, substitute:
41 Trade mark not distinguishing applicant’s goods or services
(1) An application for the registration of a trade mark must be rejected
if the trade mark is not capable of distinguishing the applicant’s
goods or services in respect of which the trade mark is sought to be
registered (the designated goods or services) from the goods or
services of other persons.
Note: For goods of a person and services of a person see section 6.
(2) A trade mark is taken not to be capable of distinguishing the
designated goods or services from the goods or services of other
persons only if either subsection (3) or (4) applies to the trade
mark.
(3) This subsection applies to a trade mark if:
(a) the trade mark is not to any extent inherently adapted to
distinguish the designated goods or services from the goods
or services of other persons; and
(b) the applicant has not used the trade mark before the filing
date in respect of the application to such an extent that the
trade mark does in fact distinguish the designated goods or
services as being those of the applicant.
(4) This subsection applies to a trade mark if:
(a) the trade mark is, to some extent, but not sufficiently,
inherently adapted to distinguish the designated goods or
services from the goods or services of other persons; and
(b) the trade mark does not and will not distinguish the
designated goods or services as being those of the applicant
having regard to the combined effect of the following:
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(i) the extent to which the trade mark is inherently adapted
to distinguish the goods or services from the goods or
services of other persons;
(ii) the use, or intended use, of the trade mark by the
applicant;
(iii) any other circumstances.
Note 1: Trade marks that are not inherently adapted to distinguish goods or
services are mostly trade marks that consist wholly of a sign that is
ordinarily used to indicate:
(a) the kind, quality, quantity, intended purpose, value, geographical origin, or some other characteristic, of goods or services; or
(b) the time of production of goods or of the rendering of services.
Note 2: For goods of a person and services of a person see section 6.
Note 3: Use of a trade mark by a predecessor in title of an applicant and an
authorised use of a trade mark by another person are each taken to be
use of the trade mark by the applicant (see subsections (5) and 7(3)
and section 8).
(5) For the purposes of this section, the use of a trade mark by a
predecessor in title of an applicant for the registration of the trade
mark is taken to be a use of the trade mark by the applicant.
Note 1: For applicant and predecessor in title see section 6.
Note 2: If a predecessor in title had authorised another person to use the trade
mark, any authorised use of the trade mark by the other person is
taken to be a use of the trade mark by the predecessor in title (see
subsection 7(3) and section 8).
114 Section 56
After “Federal Court”, insert “or the Federal Magistrates Court”.
115 Section 67
After “Federal Court”, insert “or the Federal Magistrates Court”.
116 Subsection 83(2)
After “Federal Court”, insert “or the Federal Magistrates Court”.
117 Subsection 83A(8)
After “Federal Court”, insert “or the Federal Magistrates Court”.
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118 Section 84D
After “Federal Court”, insert “or the Federal Magistrates Court”.
119 Section 104
After “Federal Court”, insert “or the Federal Magistrates Court”.
120 After paragraph 190(a)
Insert:
(aa) the Federal Magistrates Court;
121 Subsection 191(2)
Repeal the subsection, substitute:
(2) The jurisdiction of the Federal Court to hear and determine appeals
against decisions, directions or orders of the Registrar is exclusive
of the jurisdiction of any other court except the jurisdiction of:
(a) the Federal Magistrates Court under subsection 191A(2) of
this Act; and
(b) the High Court under section 75 of the Constitution.
122 After section 191
Insert:
191A Jurisdiction of the Federal Magistrates Court
(1) The Federal Magistrates Court has jurisdiction with respect to
matters arising under this Act.
(2) The jurisdiction of the Federal Magistrates Court to hear and
determine appeals against decisions, directions or orders of the
Registrar is exclusive of the jurisdiction of any other court except
the jurisdiction of:
(a) the Federal Court under subsection 191(2) of this Act; and
(b) the High Court under section 75 of the Constitution.
(3) A prosecution for an offence against this Act may not be started in
the Federal Magistrates Court.
123 Subsection 192(1)
After “Federal Court”, insert “and the Federal Magistrates Court”.
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124 Section 193
After “191”, insert “, 191A”.
125 At the end of section 194
Add:
(3) This section does not apply in relation to a transfer of proceedings
between the Federal Court and the Federal Magistrates Court.
Note: For transfers of proceedings from the Federal Magistrates Court to the
Federal Court, see section 39 of the Federal Magistrates Act 1999.
For transfers of proceedings from the Federal Court to the Federal
Magistrates Court, see section 32AB of the Federal Court of Australia
Act 1976.
126 Subsection 195(2)
After “single judge of the Federal Court”, insert “or the Federal
Magistrates Court”.
127 Section 196
After “Federal Court”, insert “or the Federal Magistrates Court”.
128 Section 197
After “Federal Court”, insert “or the Federal Magistrates Court”.
Note: The heading to section 197 is altered by inserting “and Federal Magistrates Court” after “Federal Court”.
129 Subsection 199(2)
Repeal the subsection, substitute:
(2) The Registrar may establish one or more sub-offices of the Trade
Marks Office as the Registrar considers appropriate.
(3) The Registrar may abolish any such sub-offices.
130 Subsections 213(1) and (2)
Repeal the subsections, substitute:
A document may be filed with the Trade Marks Office by:
(a) delivering the document to the Trade Marks Office or any
sub-office of the Trade Marks Office (if any) either
personally or by post; or
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(b) any other prescribed means.
131 Subsection 223A(1)
After “Trade Marks Office” (second occurring), insert “(if any)”.
132 Subsection 225(1)
Repeal the subsection.
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Application and savings provisions Part 2
Part 2—Application and savings provisions
133 Application provisions
(1) The amendment made by item 29 of this Schedule applies in relation to
a use of an invention on or after the day that item commences.
(2) The amendments made by items 30, 34, 35, 42, 46, 47, 56, 57, 58, 59,
67, 76, 78, 80, 85, 88, 90, 93, 97 and 100 of this Schedule apply in
relation to applications made on or after the day those items commence.
(3) The amendments made by items 31 and 79 of this Schedule apply on
and after the day those items commence in relation to patents granted
before, on or after that commencement.
(4) The amendments made by items 32 and 33 of this Schedule apply in
relation to information that is made publicly available on or after the
day those items commence.
(5) The amendments made by items 36, 37, 38 and 39 of this Schedule
apply in relation to disputes arising on or after the day those items
commence.
(6) The amendments made by items 40 and 41 of this Schedule apply in
relation to declarations made on or after the day those items commence.
(7) The amendments made by items 43 and 102 of this Schedule apply in
relation to:
(a) patents for which the complete application is made on or
after the day those items commence; and
(b) standard patents for which the application was made before
the day those items commence, if the applicant had not asked
for an examination of the patent request and specification for
the application under section 44 of the Patents Act 1990
before that day; and
(c) innovation patents granted on or after the day those items
commence, if the complete application to which the patent
relates was made before that day; and
(d) complete patent applications made on or after the day those
items commence; and
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(e) complete applications for standard patents made before the
day those items commence, if the applicant had not asked for
an examination of the patent request and specification for the
application under section 44 of the Patents Act 1990 before
that day; and
(f) complete applications for innovation patents made before the
day those items commence, if a patent had not been granted
in relation to the application on or before that day; and
(g) innovation patents granted before the day those items
commence, if:
(i) the Commissioner had not decided to examine the
complete specification relating to the patent under
section 101A of the Patents Act 1990 before that day;
and
(ii) the patentee or any other person had not asked the
Commissioner to examine the complete specification
relating to the patent under section 101A of the Patents
Act 1990 before that day.
(8) The amendment made by item 44 of this Schedule applies in relation to
applications filed, and patents granted, before, on or after the day that
item commences.
(9) The amendments made by items 60, 61, 62, 63 and 64 of this Schedule
apply in relation to patents granted on or after the day those items
commence.
(10) The amendments made by items 71 and 72 of this Schedule apply in
relation to proceedings commenced on or after the day those items
commence.
(11) The amendments made by items 54 and 55 of this Schedule apply in
relation to applications accepted on or after the day those items
commence.
(12) The amendment made by item 69 of this Schedule applies in relation to
patents certified on or after the day that item commences.
(13) The amendment made by item 73 of this Schedule applies in relation to
applications for non-infringement declarations made on or after the day
that item commences.
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(14) The amendment made by item 75 of this Schedule applies in relation to
applications for orders made on or after the day that item commences,
whether the patent was granted before, on or after that day.
(15) The amendment made by item 77 of this Schedule does not apply in
relation to an application if:
(a) the examination of the patent request and complete
specification for the application had been deferred under
section 46 of the Patents Act 1990 (as in force immediately
before the commencement of that item); and
(b) the applicant had not asked for an examination of the patent
request and complete specification on or before that
commencement.
(16) The amendment made by item 101 of this Schedule applies in relation
to:
(a) patents for which the complete application is made on or
after the day that item commences; and
(b) standard patents for which the application was made before
the day that item commences, if the applicant had not asked
for an examination of the patent request and specification for
the application under section 44 of the Patents Act 1990
before that day; and
(c) innovation patents granted on or after the day that item
commences, if the complete application to which the patent
relates was made before that day; and
(d) complete patent applications made on or after the day that
item commences; and
(e) complete applications for standard patents made before the
day that item commences, if the applicant had not asked for
an examination of the patent request and specification for the
application under section 44 of the Patents Act 1990 before
that day; and
(f) complete applications for innovation patents made before the
day that item commences, if a patent had not been granted in
relation to the application on or before that day; and
(g) innovation patents granted before the day that item
commences, if:
(i) the Commissioner had not decided to examine the
complete specification relating to the patent under
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section 101A of the Patents Act 1990 before that day;
and
(ii) the patentee or any other person had not asked the
Commissioner to examine the complete specification
relating to the patent under section 101A of the Patents
Act 1990 before that day.
134 Savings provision—modified examinations
(1) This item applies if:
(a) a request for a modified examination had been made under
section 47 of the Patents Act 1990 (as in force immediately
before the commencement of this item) in relation to an
application; and
(b) the modified examination:
(i) had not yet commenced at the time of that
commencement; or
(ii) had commenced but the application had not been
accepted at the time of that commencement.
(2) Despite the amendments made by items 50 and 52 of this Schedule,
Division 2 of Part 2 of Chapter 3 and subsection 49(6) of the Patents
Act 1990 (as in force immediately before the commencement of this
item) continue to apply in relation to the application as if those
amendments had not been made.
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will
appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in
the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended the compiled law. The information includes commencement
information for amending laws and details of application, saving or transitional
provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in endnote 5.
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Endnotes
Endnote 1—About the endnotes
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader
of the compilation.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Intellectual Property
Laws Amendment
35, 2012 15 Apr
2012
See s 2(1)
(Raising the Bar) Act
2012
Statute Law Revision
Act (No. 1) 2014
31, 2014 27 May
2014
Sch 2 (item 5): 15 Apr
2013 (see s 2(1) item 6)
—
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Sch 6
hdg to Item 21................................rs No 31, 2014
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Endnotes
Endnote 5—Uncommenced amendments [none]
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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