Об интеллектуальной собственности Обучение в области ИС Обеспечение уважения интеллектуальной собственности Информационно-просветительская работа в области ИС ИС для ИС и ИС в области Информация о патентах и технологиях Информация о товарных знаках Информация о промышленных образцах Информация о географических указаниях Информация о новых сортах растений (UPOV) Законы, договоры и судебные решения в области ИС Ресурсы в области ИС Отчеты в области ИС Патентная охрана Охрана товарных знаков Охрана промышленных образцов Охрана географических указаний Охрана новых сортов растений (UPOV) Разрешение споров в области ИС Деловые решения для ведомств ИС Оплата услуг в области ИС Органы по ведению переговоров и директивные органы Сотрудничество в целях развития Поддержка инновационной деятельности Государственно-частные партнерства Инструменты и сервисы на базе ИИ Организация Работа с ВОИС Подотчетность Патенты Товарные знаки Промышленные образцы Географические указания Авторское право Коммерческая тайна Академия ВОИС Практикумы и семинары Защита прав ИС WIPO ALERT Информационно-просветительская работа Международный день ИС Журнал ВОИС Тематические исследования и истории успеха Новости ИС Премии ВОИС Бизнеса Университетов Коренных народов Судебных органов Генетические ресурсы, традиционные знания и традиционные выражения культуры Экономика Финансирование Нематериальные активы Гендерное равенство Глобальное здравоохранение Изменение климата Политика в области конкуренции Цели в области устойчивого развития Передовых технологий Мобильных приложений Спорта Туризма PATENTSCOPE Патентная аналитика Международная патентная классификация ARDI – исследования в интересах инноваций ASPI – специализированная патентная информация Глобальная база данных по брендам Madrid Monitor База данных Article 6ter Express Ниццкая классификация Венская классификация Глобальная база данных по образцам Бюллетень международных образцов База данных Hague Express Локарнская классификация База данных Lisbon Express Глобальная база данных по ГУ База данных о сортах растений PLUTO База данных GENIE Договоры, административные функции которых выполняет ВОИС WIPO Lex – законы, договоры и судебные решения в области ИС Стандарты ВОИС Статистика в области ИС WIPO Pearl (терминология) Публикации ВОИС Страновые справки по ИС Центр знаний ВОИС Серия публикаций ВОИС «Тенденции в области технологий» Глобальный инновационный индекс Доклад о положении в области интеллектуальной собственности в мире PCT – международная патентная система Портал ePCT Будапештская система – международная система депонирования микроорганизмов Мадридская система – международная система товарных знаков Портал eMadrid Cтатья 6ter (гербы, флаги, эмблемы) Гаагская система – система международной регистрации образцов Портал eHague Лиссабонская система – международная система географических указаний Портал eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Посредничество Арбитраж Вынесение экспертных заключений Споры по доменным именам Система централизованного доступа к результатам поиска и экспертизы (CASE) Служба цифрового доступа (DAS) WIPO Pay Текущий счет в ВОИС Ассамблеи ВОИС Постоянные комитеты График заседаний WIPO Webcast Официальные документы ВОИС Повестка дня в области развития Техническая помощь Учебные заведения в области ИС Поддержка в связи с COVID-19 Национальные стратегии в области ИС Помощь в вопросах политики и законодательной деятельности Центр сотрудничества Центры поддержки технологий и инноваций (ЦПТИ) Передача технологий Программа содействия изобретателям (IAP) WIPO GREEN PAT-INFORMED ВОИС Консорциум доступных книг Консорциум «ВОИС для авторов» WIPO Translate для перевода Система для распознавания речи Помощник по классификации Государства-члены Наблюдатели Генеральный директор Деятельность в разбивке по подразделениям Внешние бюро Вакансии Закупки Результаты и бюджет Финансовая отчетность Надзор
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Положение 2015 года «О внесении изменений в отдельные законодательные акты, принятые в сфере охраны прав интеллектуальной собственности, в части, касающейся реализации положений Соглашения ТРИПС», Австралия

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Отмененный текст 
Подробности Подробности Год версии 2015 Даты Принят: 17 июня 2015 г. Тип текста Имплементационные правила/положения Предмет Патенты (изобретения), Промышленные образцы, Товарные знаки, Регулирующие органы в области ИС Примечания The provisions of the Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 ('Amendment Regulation') commences at different time (see section 2 for further details):
- Schedule 1 enters into force on August 25, 2015;
- Schedule 2 enters into force when two thirds of WTO Members accept the TRIPS Protocol;
- Schedule 4 commences at the same time as items 9 to 17 of Schedule 5 to the Intellectual Property Laws Amendment Act 2015, which commences on a single day to be fixed by Proclamation, but in any case commences no later than August 25, 2015.
- Schedules 3, 5 and 6 enter into force on June 20, 2015.

The notification by Australia to the WTO under article 63.2 of TRIPS states:
'The Amendment Regulation provides for the implementation of the TRIPS Protocol and the 2003 General Council Decision (WT/L/540 and WT/L/540/Corr.1).
Schedules 1 and 2 further implement the TRIPS Protocol, which Australia formally accepted on 12 September 2007.
Schedule 1 of the Amendment Regulation amends the Patents Regulations 1991 to implement the WTO General Council Decision of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration of the TRIPS Agreement and Public Health.
Schedule 2 of the Amendment Regulation amends the Patents Regulations 1991 to complete Australia's implementation of the TRIPS Protocol, once it comes into effect.

Schedule 3 of the Amendment Regulation amends the Designs Regulations 2004, the Trade Marks Regulations 1995 and the Patents Regulations 1991 to remove unnecessary document retention provisions.

Schedule 4 of the Amendment Regulation amends the Patents Regulations 1991 to correct a number of drafting oversights associated with the Intellectual Property Laws Amendment (Raising the Bar) Act 2012.

Schedule 5 of the Amendment Regulation amends the Designs Regulations 2004, the Patents Regulations 1991, and the Trade Marks Regulations 1995 to make minor technical amendments.

Schedule 6 of the Amendment Regulation amends the Patent Regulations 1991 to specify when the amendments made by Schedule 1, items 2 to 3 of Schedule 4, and item 6 of Schedule 5 of the Amendment Regulation will apply.'

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Основной(ые) текст(ы) Основной(ые) текст(ы) Английский Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015        
 Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015

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Intellectual Property Legislation

Amendment (TRIPS Protocol and Other

Measures) Regulation 2015

Select Legislative Instrument No. 88, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d),

Governor-General of the Commonwealth of Australia, acting with the

advice of the Federal Executive Council, make the following regulation.

Dated 17 June 2015

Peter Cosgrove

Governor-General

By His Excellency’s Command

Ian Macfarlane

Minister for Industry

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No. 88, 2015 Intellectual Property Legislation Amendment (TRIPS Protocol and

Other Measures) Regulation 2015

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Contents 1 Name .................................................................................................1

2 Commencement.................................................................................1

3 Authority ...........................................................................................2

4 Schedules...........................................................................................2

Schedule 1—Amendments relating to the TRIPS Protocol

interim waiver 3

Patents Regulations 1991 3

Schedule 2—Further amendments relating to the TRIPS

Protocol 10

Patents Regulations 1991 10

Schedule 3—Amendments relating to document retention 11

Designs Regulations 2004 11

Patents Regulations 1991 11

Trade Marks Regulations 1995 11

Schedule 4—Amendments relating to amendments made by

Part 2 of Schedule 5 to the Intellectual Property

Laws Amendment Act 2015 12

Patents Regulations 1991 12

Schedule 5—Other amendments 20

Designs Regulations 2004 20

Patents Regulations 1991 21

Trade Marks Regulations 1995 27

Schedule 6—Application of amendments 30

Patents Regulations 1991 30

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1 Name

This is the Intellectual Property Legislation Amendment (TRIPS

Protocol and Other Measures) Regulation 2015.

2 Commencement

(1) Each provision of this instrument 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

Provisions Commencement Date/Details

1. Sections 1 to 4

and anything in

this instrument

not elsewhere

covered by this

table

The day after this instrument is registered.

2. Schedule 1 At the same time as Schedule 1 to the

Intellectual Property Laws Amendment Act

2015 commences.

3. Schedule 2 At the same time as Schedule 2 to the

Intellectual Property Laws Amendment Act

2015 commences.

4. Schedule 3 The day after this instrument is registered.

5. Schedule 4 At the same time as items 9 to 17 of

Schedule 5 to the Intellectual Property Laws

Amendment Act 2015 commence.

6. Schedules 5

and 6

The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally

made. It will not be amended to deal with any later amendments of

this instrument.

(2) Any information in column 3 of the table is not part of this

instrument. Information may be inserted in this column, or

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information in it may be edited, in any published version of this

instrument.

3 Authority

This instrument is made under the following Acts:

(a) the Designs Act 2003;

(b) the Patents Act 1990;

(c) the Trade Marks Act 1995.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is

amended or repealed as set out in the applicable items in the

Schedule concerned, and any other item in a Schedule to this

instrument has effect according to its terms.

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Schedule 1—Amendments relating to the TRIPS Protocol interim waiver

Patents Regulations 1991

1 Subregulation 1.3(1)

Insert:

Council for TRIPS means the Council for Trade-Related Aspects

of Intellectual Property Rights established under Article IV of the

WTO Agreement.

eligible importing country: see regulation 1.4A.

least developed country means a country included in the list of

least developed countries maintained by the United Nations, as in

force from time to time.

Note: The list of least developed countries could in 2015 be viewed on the

United Nations’ website (http://www.un.org).

WTO Agreement means the Marrakesh Agreement establishing the

World Trade Organization, done at Marrakesh on 15 April 1994.

WTO member means a country that is a full member of the World

Trade Organization.

Note: The list of members of the World Trade Organization could in 2015

be viewed on the World Trade Organization’s website

(http://www.wto.org).

2 After regulation 1.4

Insert:

1.4A Meaning of eligible importing country

For the definition of eligible importing country in Schedule 1 to

the Act, the following kinds of foreign countries are prescribed:

(a) a WTO member that notifies the Council for TRIPS, in

accordance with the WTO General Council decision of

30 August 2003, of the member’s intention to use the system

set out in that decision as an importer;

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(b) a least developed country.

3 Before regulation 12.1

Insert:

Part 1—Compulsory licences (general)

4 Regulation 12.1 (heading)

Repeal the heading, substitute:

12.1 Applications for orders for compulsory licences

5 After regulation 12.2

Insert:

Part 2—Patented pharmaceutical invention

compulsory licences (for manufacture and

export to eligible importing countries)

12.2A Applications for PPI orders

(1) An applicant for a PPI order in relation to the export of a

pharmaceutical product to an eligible importing country must

lodge, with the Registrar of the Federal Court, an application that

includes the following:

(a) the name and address of the applicant;

(b) the applicant’s address for service in relation to the

application;

(c) the name of the eligible importing country;

(d) if the pharmaceutical product is to be imported by a person

on behalf of, and with the authorisation of, the eligible

importing country—the name and address of that person;

(e) the name of the pharmaceutical product;

(f) the proposed use of the pharmaceutical product in the eligible

importing country;

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(g) the amount of the pharmaceutical product proposed to be

manufactured for export;

(h) the proposed duration of the PPI compulsory licence;

(i) the identity of the patent;

(j) the name of the patentee;

(k) if the patent is an innovation patent—the date of certification

of the innovation patent.

(2) For paragraph (1)(b), the address for service must be an address

that is mentioned in Rules made by the Federal Court for the

service of the application, as in force from time to time.

(3) The applicant must:

(a) serve a copy of the application on the patentee and any other

person who claims an interest in the patent as soon as

practicable after lodgement; and

(b) lodge with the Registrar notice of the date when, and the

place where, he or she complied with paragraph (a).

(4) For subregulation (3), the applicant must serve the copy in

accordance with Rules made by the Federal Court for the service of

the application, as in force from time to time.

12.2B PPI compulsory licences—notification requirements

(1) This regulation sets out the notification requirements for

paragraph 136E(1)(f) of the Act in relation to the importation of a

pharmaceutical product into an eligible importing country.

(2) Subregulation (3) applies if the eligible importing country is a

WTO member.

(3) The eligible importing country must have notified the Council for

TRIPS in accordance with paragraph 2(a) of the WTO General

Council decision of 30 August 2003.

(4) Subregulation (5) applies if the eligible importing country is:

(a) a least developed country; and

(b) not a WTO member.

(5) The eligible importing country must have given the Commissioner

a written notice:

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(a) stating:

(i) the name of the eligible importing country; and

(ii) the name of the pharmaceutical product; and

(iii) the expected quantity of the pharmaceutical product to

be imported into the eligible importing country; and

(b) confirming that, if the pharmaceutical product is patented in

the eligible importing country, it:

(i) has granted; or

(ii) intends to grant;

a compulsory licence that would accord with Article 31 of

the TRIPS Agreement and the provisions of the WTO

General Council decision of 30 August 2003 if the TRIPS

Agreement and the decision applied to the eligible importing

country.

12.2C PPI compulsory licences—labelling and marking of product

(1) For paragraph 136F(1)(c) of the Act, the pharmaceutical product

must be labelled or marked in a way that:

(a) clearly identifies the product as being exported from

Australia under the PPI compulsory licence; and

(b) distinguishes the product from:

(i) the same pharmaceutical product as sold in Australia;

and

(ii) the same pharmaceutical product as exported other than

under the licence.

(2) For subregulation (1), the labelling or marking must:

(a) be applied to:

(i) the immediate package containing the pharmaceutical

product; and

(ii) any other package containing that package (whether or

not other packages are involved); and

(b) remain clear and legible at all times while the product is

being exported.

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12.2D PPI compulsory licences—shipment information

(1) For paragraph 136F(1)(d) of the Act, the following shipment

information is prescribed in relation to each shipment of a

pharmaceutical product:

(a) the name of the pharmaceutical product;

(b) the amount of the product in the shipment;

(c) the name of the licensee;

(d) the licensee’s address for service;

(e) the name of the eligible importing country;

(f) if a person is importing the pharmaceutical product on behalf

of, and with the authorisation of, the eligible importing

country—the name and address of the person;

(g) a description of the packaging (including colour, size and

shape) and the labelling or marking of the pharmaceutical

product.

(2) For paragraph 136F(1)(d) of the Act, the shipment information

must be made available for at least the duration of the licence.

12.2E PPI compulsory licences—giving information to the

Commissioner

(1) This regulation sets out for paragraph 136F(1)(h) of the Act the

information that a licensee must give to the Commissioner in

relation to the licence.

Grant of licence

(2) The licensee must give the Commissioner the following

information in relation to the grant of the PPI compulsory licence:

(a) the date of the PPI order;

(b) the place at which the PPI order was made;

(c) the name and address of the licensee;

(d) the licensee’s address for service;

(e) the name of the pharmaceutical product;

(f) the quantity of the pharmaceutical product that the Federal

Court has determined may be manufactured for export;

(g) the eligible importing country to which the pharmaceutical

product is to be exported;

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(h) the duration of the licence;

(i) the identity of the patent;

(j) the address of the website on which the shipment information

is to be made available.

(3) The information mentioned in subregulation (2) must be given to

the Commissioner:

(a) in the approved form; and

(b) within 1 month after the Federal Court makes the order

requiring the grant of the licence.

Amendment of licence

(4) If the licence is amended by order under section 136G of the Act,

the licensee must give the Commissioner the following information

in relation to the amendment:

(a) the date of the amending order;

(b) the place at which the amending order was made;

(c) details of the amendment.

(5) The information mentioned in subregulation (4) must be given to

the Commissioner:

(a) in the approved form; and

(b) within 1 month after the Federal Court makes the order

amending the licence.

Revocation of licence

(6) If the licence is revoked by order under section 136H of the Act,

the licensee must give the Commissioner the following information

in relation to the revocation:

(a) the date of the revocation order;

(b) the place at which the revocation order was made.

(7) The information mentioned in subregulation (6) must be given to

the Commissioner:

(a) in the approved form; and

(b) within 1 month after the Federal Court makes the order

revoking the licence.

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Agreement or determination of remuneration

(8) If an amount of remuneration for the licence is agreed under

paragraph 136J(3)(a) of the Act or determined by the Federal Court

under paragraph 136J(3)(b) of the Act, the licensee must give the

Commissioner a statement that an amount of remuneration has

been agreed or determined, as the case may be.

(9) The information mentioned in subregulation (8) must be given to

the Commissioner:

(a) in the approved form; and

(b) within 1 month after the agreement is reached or the

determination is made.

12.2F Dealing with information provided under regulation 12.2E

(1) If the Commissioner receives the information mentioned in

subregulation 12.2E(2) in relation to the grant of a PPI compulsory

licence, the Commissioner must:

(a) if the eligible importing country is a WTO member—give a

copy of the information to the Council for TRIPS; or

(b) in any other case—publish the information on the internet.

(2) If the Commissioner receives the information mentioned in

subregulation 12.2E(8) in relation to a licence, the Commissioner

must give the eligible importing country to which the licence

relates a notice stating that the licensee has advised that an amount

of remuneration in respect of the licence has been agreed or

determined, as the case may be.

Part 3—Surrender and revocation of patents

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Schedule 2—Further amendments relating to the TRIPS Protocol

Patents Regulations 1991

1 Paragraph 1.4A(a)

Repeal the paragraph, substitute:

(a) a WTO member that notifies the Council for TRIPS, in

accordance with the Annex to the TRIPS Agreement, of the

member’s intention to use the system set out in Article 31bis

of the TRIPS Agreement and the Annex to that Agreement as

an importer;

2 Subregulation 12.2B(3)

Omit “paragraph 2(a) of the WTO General Council decision of

30 August 2003”, substitute “paragraph 2(a) of the Annex to the TRIPS

Agreement”.

3 Paragraph 12.2B(5)(b)

Omit all the words after “would accord with”, substitute “Articles 31

and 31bis of the TRIPS Agreement and the Annex to that Agreement if

the Agreement and Annex applied to the eligible importing country”.

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Schedule 3—Amendments relating to document retention

Designs Regulations 2004

1 Subregulation 5.08(1)

Omit “(1)”.

2 Subregulation 5.08(2)

Repeal the subregulation.

Patents Regulations 1991

3 Regulation 22.18

Repeal the regulation.

Trade Marks Regulations 1995

4 Subregulation 17A.39(1)

Omit “, 13.3 and 21.32”, substitute “and 13.3”.

5 Regulation 21.32

Repeal the regulation.

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Schedule 4—Amendments relating to amendments made by Part 2 of Schedule 5 to the Intellectual Property Laws Amendment Act 2015

Patents Regulations 1991

1 Regulation 3.11

Omit “subsections 29B(2) and 38(1A)”, substitute “subsection 38(1A)”.

2 Subregulation 3.12(4)

Repeal the subregulation, substitute:

(4) In this Division, a document, or a set of documents considered

together, clearly discloses an invention if the document, or set of

documents, discloses the invention in a manner that is clear

enough, and complete enough, for the invention to be performed by

a person skilled in the relevant art.

(5) For the purposes of subregulation (4), a document, or a set of

documents considered together, is taken to clearly disclose an

invention as mentioned in that subregulation so far as such

disclosure requires a description of a micro-organism, if:

(a) the micro-organism is deposited with a prescribed depository

institution in accordance with such provisions of the

Budapest Treaty as are applicable; and

(b) the prescribed circumstances for paragraph 43(2B)(b) of the

Act apply.

3 Subregulation 3.13A(1)

Repeal the subregulation, substitute:

(1) This regulation applies to a claim if:

(a) the circumstance mentioned in subregulation (2) (a

prescribed circumstance for paragraph 43(2A)(a) of the Act)

applies to the invention defined in the claim; and

(b) either:

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(i) a document mentioned in subregulation (4) (a

prescribed document for paragraph 43(2A)(b) of the

Act) clearly discloses the invention in the claim; or

(ii) 2 or more of those documents (a prescribed set of

prescribed documents for paragraph 43(2A)(b) of the

Act), considered together, clearly disclose the invention

in the claim.

4 Subregulation 3.13A(4)

Repeal the subregulation (not including the heading), substitute:

(4) For paragraph (1)(b), the documents are the documents filed for the

earlier application at the time the application was made.

5 At the end of regulation 3.13A

Add:

Prescribed circumstances for micro-organisms

(6) For paragraph 43(2B)(b) of the Act, the prescribed circumstances

for a disclosure that requires a description of a micro-organism are

as follows:

(a) the deposit of the micro-organism with a prescribed

depository institution, in accordance with such provisions of

the Budapest Treaty as are applicable, occurs on or before the

date when the documents mentioned in subregulation (4) are

filed;

(b) either:

(i) a document mentioned in subregulation (4) includes the

relevant information on the characteristics of the

micro-organism that is known to the applicant at the

time the documents are filed; or

(ii) 2 or more of those documents, considered together,

include the relevant information on the characteristics of

the micro-organism that is known to the applicant at the

time the documents are filed;

(c) the requirements of paragraph 6(c) of the Act are satisfied by

the complete specification that contains the claim.

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6 Subregulations 3.13B(1) and (2)

Repeal the subregulations, substitute:

(1) This regulation applies to a claim if:

(a) the circumstance mentioned in subregulation (1A) (a

prescribed circumstance for paragraph 43(2A)(a) of the Act)

applies to the invention defined in the claim; and

(b) either:

(i) a document mentioned in subregulation (2) (a

prescribed document for paragraph 43(2A)(b) of the

Act) clearly discloses the invention in the claim; or

(ii) 2 or more of those documents (a prescribed set of

prescribed documents for paragraph 43(2A)(b) of the

Act), considered together, clearly disclose the invention

in the claim.

Circumstance

(1A) For paragraph (1)(a), the circumstance is that the specification

containing the claim that defines the invention was filed for:

(a) a Convention application; or

(b) a complete application that has been amended to become a

Convention application.

Documents

(2) For paragraph (1)(b), the documents are the documents filed for a

related basic application at the time when the application was

made.

7 At the end of regulation 3.13B

Add:

Prescribed circumstances for micro-organisms

(5) For paragraph 43(2B)(b) of the Act, the prescribed circumstances

for a disclosure that requires a description of a micro-organism are

as follows:

(a) the deposit of the micro-organism with a prescribed

depository institution, in accordance with such provisions of

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the Budapest Treaty as are applicable, occurs on or before the

date when the documents mentioned in subregulation (2) are

filed;

(b) either:

(i) a document mentioned in subregulation (2) includes the

relevant information on the characteristics of the

micro-organism that is known to the applicant at the

time the documents are filed; or

(ii) 2 or more of those documents, considered together,

include the relevant information on the characteristics of

the micro-organism that is known to the applicant at the

time the documents are filed;

(c) the requirements of paragraph 6(c) of the Act are satisfied by

the complete specification that contains the claim.

8 Subregulations 3.13C(1) and (2)

Repeal the subregulations, substitute:

(1) This regulation applies to a claim if:

(a) the circumstance mentioned in subregulation (1A) (a

prescribed circumstance for paragraph 43(2A)(a) of the Act)

applies to the invention defined in the claim; and

(b) either:

(i) a document mentioned in subregulation (2) (a

prescribed document for paragraph 43(2A)(b) of the

Act) clearly discloses the invention in the claim; or

(ii) 2 or more of those documents (a prescribed set of

prescribed documents for paragraph 43(2A)(b) of the

Act), considered together, clearly disclose the invention

in the claim.

Circumstance

(1A) For paragraph (1)(a), the circumstance is that the specification

containing the claim that defines the invention was filed for a

complete application that is associated with a provisional

application under section 38 of the Act.

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Documents

(2) For paragraph (1)(b), the documents are the documents filed for the

provisional application at the time when the application was made.

9 At the end of regulation 3.13C

Add:

Prescribed circumstances for micro-organisms

(4) For paragraph 43(2B)(b) of the Act, the prescribed circumstances

for a disclosure that requires a description of a micro-organism are

as follows:

(a) the deposit of the micro-organism with a prescribed

depository institution, in accordance with such provisions of

the Budapest Treaty as are applicable, occurs on or before the

date when the documents mentioned in subregulation (2) are

filed;

(b) either:

(i) a document mentioned in subregulation (2) includes the

relevant information on the characteristics of the

micro-organism that is known to the applicant at the

time the documents are filed; or

(ii) 2 or more of those documents, considered together,

include the relevant information on the characteristics of

the micro-organism that is known to the applicant at the

time the documents are filed;

(c) the requirements of paragraph 6(c) of the Act are satisfied by

the complete specification that contains the claim.

10 Paragraph 3.13D(1)(b)

Repeal the paragraph, substitute:

(b) the specification mentioned in subsection 79B(1) of the Act

(the earlier specification) clearly discloses the invention in

the claim.

11 Subregulation 3.13D(2)

Repeal the subregulation, substitute:

(2) However, this regulation does not apply to a claim if:

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(a) the deposit requirements must be satisfied in relation to the

invention to comply with paragraph 40(2)(a) of the Act; and

(b) when the divisional application under section 79B of the Act

is made, the period prescribed in subregulation 1.5(1) has

ended in relation to the earlier specification; and

(c) the requirements of paragraph 6(c) of the Act are not satisfied

in relation to the earlier specification.

12 At the end of regulation 3.13D

Add:

(4) For subsection 43(2A) of the Act:

(a) the circumstance mentioned in paragraph (1)(a) is a

prescribed circumstance; and

(b) the document mentioned in paragraph (1)(b) is a prescribed

document.

(5) For paragraph 43(2B)(b) of the Act, the prescribed circumstances

for a disclosure that requires a description of a micro-organism are

as follows:

(a) the deposit of the micro-organism with a prescribed

depository institution, in accordance with such provisions of

the Budapest Treaty as are applicable, occurs on or before the

date when the document mentioned in paragraph (1)(b) is

filed;

(b) the document mentioned in paragraph (1)(b) includes the

relevant information on the characteristics of the

micro-organism that is known to the applicant at the time the

documents are filed;

(c) the requirements of paragraph 6(c) of the Act are satisfied by

the complete specification that contains the claim.

13 At the end of regulation 3.13E

Add:

(3) For subsection 43(2A) of the Act:

(a) the circumstance mentioned in paragraph (1)(a) is a

prescribed circumstance; and

(b) the document mentioned in paragraph (1)(b) is a prescribed

document.

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(4) For paragraph 43(2B)(b) of the Act, the prescribed circumstances

for a disclosure that requires a description of a micro-organism are

as follows:

(a) the deposit of the micro-organism with a prescribed

depository institution, in accordance with such provisions of

the Budapest Treaty as are applicable, occurs on or before the

date when the document mentioned in paragraph (1)(b) is

filed;

(b) the document mentioned in paragraph (1)(b) includes the

relevant information on the characteristics of the

micro-organism that is known to the applicant at the time the

document is filed;

(c) the requirements of paragraph 6(c) of the Act are satisfied by

the complete specification that contains the claim.

14 Subregulation 3.15(3)

Repeal the subregulation.

15 At the end of Part 2 of Chapter 3

Add:

3.32 Provisional specifications—prescribed circumstances

(1) For paragraph 41(1A)(b) of the Act, the prescribed circumstances

are all of the following:

(a) the micro-organism was deposited with a prescribed

depository institution, in accordance with such provisions of

the Budapest Treaty as are applicable, on or before the date

the provisional specification was filed;

(b) at the time the provisional application to which the

provisional specification relates was made, the provisional

specification clearly disclosed the invention, other than in

relation to the description of the micro-organism;

(c) at the time the provisional application to which the

provisional specification relates was made, either:

(i) a document filed for the provisional application

included the relevant information on the characteristics

of the micro-organism that was known to the applicant

at that time; or

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(ii) 2 or more documents filed for the provisional

application, considered together, included the relevant

information on the characteristics of the micro-organism

that was known to the applicant at that time;

(d) if the circumstances mentioned in subregulation (2) apply—

the requirements of paragraph 6(c) of the Act are satisfied by

the complete specification mentioned in paragraph (2)(a) of

this regulation.

(2) For paragraph (1)(d), the circumstances are that:

(a) a complete specification has been filed for a complete

application; and

(b) the complete application is associated with the provisional

application whose specification is referred to in

paragraph (1)(b).

Note: A complete application may be associated with a provisional

application when the complete application is filed, or as a result of a

subsequent amendment to the complete application.

16 Subregulation 10.1(1AA)

Repeal the subregulation.

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Schedule 5—Other amendments

Designs Regulations 2004

1 At the end of Chapter 1

Add:

1.06 Giving of documents by Registrar

(1) For these Regulations, the Registrar may give a document to a

person by:

(a) making the document available to the person in an electronic

form; and

(b) notifying the person that the document is available.

(2) If the Registrar gives a document to a person, the document is

taken to have been given to the person on the day the document is

dated by the Registrar.

2 After subregulation 11.13(1)

Insert:

(1A) Subregulation (1B) applies if:

(a) an application for an extension of time for doing a relevant

act is made under subsection 137(2) of the Act; and

(b) the relevant act has not been done; and

(c) a notice of opposition to the grant of the application is filed.

(1B) If the Registrar grants the application, the Registrar must extend

the time to include the period from the day on which the notice of

opposition is filed to the end of:

(a) if an application is made to the AAT for a review of a

decision of the Registrar—the day when the application is

withdrawn or finally dealt with or determined; or

(b) in any other case—21 days after the end of the day on which

the Registrar decides the application.

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Patents Regulations 1991

3 Subregulation 2.1(2)

Repeal the subregulation, substitute:

(2) A person making an application under that section must file with

the application a notice stating the facts on which the application is

based.

4 Regulation 3.2

Repeal the regulation, substitute:

3.2 Provisional specifications

(1) A provisional specification must:

(a) be in the approved form; and

(b) be in English.

(2) If the Commissioner treats a provisional specification as having

been filed, the Commissioner may, within 1 month from the date of

filing of the provisional specification, direct the applicant to do

anything necessary to ensure that the provisional specification

complies with the requirements mentioned in subregulation (1).

(3) If an applicant to whom a direction has been given under

subregulation (2) does not comply with the direction within 2

months from the date of the direction, the provisional specification

is taken not to have been filed.

5 After paragraph 3.2C(2)(a)

Insert:

(aa) provide the name of the inventor of the invention to which

the application relates; and

6 Regulation 3.25

Repeal the regulation, substitute:

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3.25 Request for Commissioner’s certification authorising release of

sample of a micro-organism

(1) If a micro-organism is deposited with a prescribed depositary

institution, a person may request the Commissioner to grant the

certification referred to in Rule 11.3(a) of the Budapest Treaty in

respect of the deposit.

(2) The request:

(a) must be in the approved form; and

(b) must relate to a micro-organism:

(i) that is the subject of a patent application or patent; or

(ii) the use, modification or cultivation of which is the

subject of a patent application or patent; and

(c) may nominate another person as a skilled addressee.

(3) Before making a decision under regulation 3.25B (including a

decision about imposing conditions under regulation 3.25G), the

Commissioner must:

(a) give each person mentioned in subregulation (4) a written

notice inviting the person to make, within a reasonable time

specified in the notice, a submission about the matter; and

(b) if a person mentioned in subregulation (4) makes a

submission within the time specified in the notice—take the

submission into account.

(4) For subregulation (3), the persons are as follows:

(a) the person who made the request;

(b) the applicant or patentee;

(c) any other person who apparently has an interest in the

request.

3.25A Request for certification—micro-organism subject of

application for standard patent

(1) This regulation applies if:

(a) the micro-organism, or the use, modification or cultivation of

the micro-organism, is the subject of an application for a

standard patent; and

(b) the complete specification relating to the application is not

open to public inspection.

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(2) The applicant may notify the Commissioner that, if:

(a) a request is made under regulation 3.25 in relation to the

application; and

(b) regulation 3.25E does not apply to the request;

a sample of the deposited micro-organism is to be provided during

the period mentioned in subregulation (3) only to a person who is a

skilled addressee without an interest in the invention.

(3) For subregulation (2), the period:

(a) begins when the complete specification relating to the

application is open to public inspection; and

(b) ends when:

(i) the patent is granted on the application; or

(ii) the application lapses or is withdrawn or refused.

3.25B Grant of certification—when Commissioner must grant

certification

(1) Subregulation (2) applies to a request under regulation 3.25 in

relation to a patent application if:

(a) the applicant for the patent has notified the Commissioner as

mentioned in subregulation 3.25A(2); and

(b) the period mentioned in subregulation 3.25A(3) has not

ended; and

(c) regulation 3.25E does not apply to the request.

(2) The Commissioner must grant the certification if:

(a) the specification relating to the application is open to public

inspection; and

(b) the Commissioner is reasonably satisfied that the nominated

person is entitled to rely on the deposit for the purposes of

the Act; and

(c) a person has been nominated as a skilled addressee by the

person who made the request; and

(d) the Commissioner is reasonably satisfied that the nominated

person:

(i) is appropriately skilled; and

(ii) does not have an interest in the invention; and

(e) regulation 3.25C applies to the request.

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(3) Subregulation (4) applies to any other request under

regulation 3.25.

(4) The Commissioner must grant the certification if:

(a) the specification relating to the application or patent is open

to public inspection; and

(b) the Commissioner is reasonably satisfied that the nominated

person is entitled to rely on the deposit for the purposes of

the Act; and

(c) one or more of regulations 3.25C, 3.25D, 3.25E and 3.25F

apply to the request.

(5) Despite subregulations (1) to (4), the Commissioner must not grant

the certification if:

(a) the request relates to a micro-organism:

(i) that is the subject of a PCT application; or

(ii) the use, modification or cultivation of which is the

subject of a PCT application; and

(b) the applicant of the PCT application has not complied with

subsection 29A(5) of the Act.

3.25C Grant of certification—limited use undertaking

(1) For paragraphs 3.25B(2)(e) and (4)(c), this regulation applies to a

request if:

(a) the person making the request or the person nominated as a

skilled addressee has undertaken to use the micro-organism,

during the period mentioned in subregulation (2), only for

experimental purposes or in relation to:

(i) opposition proceedings under Chapter 5 of the Act in

relation to the grant of a standard patent on that

application; or

(ii) opposition proceedings under section 101M of the Act

in relation to an innovation patent; or

(iii) relevant proceedings in relation to the patent;

and not to make the micro-organism, or a culture derived

from the micro-organism, available to another person during

that period; and

(b) the Commissioner is reasonably satisfied that the undertaking

given by the person making the request or the person

nominated as a skilled addressee is given in good faith.

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(2) For paragraph (1)(a), the period is:

(a) for a request in respect of a patent application—the period

beginning when the request is granted and ending when:

(i) the application lapses, or is refused or withdrawn; or

(ii) a patent granted on the application expires, ceases or is

revoked; or

(b) for a request in respect of a patent—the period beginning

when the request is granted and ending when the patent

expires, ceases or is revoked.

3.25D Grant of certification—order under section 133 of Act

For paragraph 3.25B(4)(c), this regulation applies to a request if:

(a) an order has been made, under section 133 of the Act,

requiring the patentee to grant to the person making the

request a licence to work the patented invention; and

(b) the Commissioner is reasonably satisfied that the licence

provides that the person making the request has a right to

obtain a sample of the micro-organism.

3.25E Grant of certification—exploitation for purposes of

Commonwealth or a State

For paragraph 3.25B(4)(c), this regulation applies to a request if:

(a) the person making the request is authorised by the

Commonwealth or a State, under subsection 163(1) of the

Act, to exploit the invention for the purposes of the

Commonwealth or State; and

(b) the Commissioner is reasonably satisfied that the terms for

the exploitation of the invention provide that the person

making the request has a right to obtain a sample of the

micro-organism.

3.25F Grant of certification—expired patent etc.

For paragraph 3.25B(4)(c), this regulation applies to a request if

the request is in respect of:

(a) a patent application that has lapsed or has been refused or

withdrawn; or

(b) a patent that is expired, ceased or revoked.

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3.25G Imposing conditions on certification

If the Commissioner grants the requested certification under

regulation 3.25B, the Commissioner may impose any conditions

the Commissioner considers reasonable, including a condition that

the person making the request give security for damages for any

breach of the undertaking mentioned in paragraph 3.25C(1)(a)

given by:

(a) the person; or

(b) another person who has been nominated by the person as a

skilled addressee.

3.25H Notice of decision on certification request

(1) If the Commissioner makes a decision under regulation 3.25B

(including a decision about imposing conditions under

regulation 3.25G), the Commissioner must inform each person

mentioned in subregulation (2) of the decision, and the reasons for

the decision, by notice in writing given as soon as practicable after

the date of the decision.

(2) For subregulation (1), the persons are as follows:

(a) the person who made the request;

(b) the applicant or patentee;

(c) any other person who apparently has an interest in the

request.

7 Paragraph 22.5(a)

Omit “Special Account established under section 20 of the Financial

Management and Accountability Act 1997”, substitute “special account

established under section 78 of the Public Governance, Performance

and Accountability Act 2013”.

8 Subregulation 22.15(4) (note)

Repeal the note, substitute:

Note: For a list of these documents, see subregulation 3.14D(1).

9 Subparagraphs 22.26(2)(a)(iii) and (iv)

Repeal the subparagraphs, substitute:

(iii) regulation 5.17 or 5.18 (‘dismissal of opposition’);

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(iv) regulation 5.19 (‘determination of opposition’);

10 Subparagraph 22.26(2)(a)(vaa)

Repeal the subparagraph.

11 Paragraph 22.26(2)(d)

Omit “AAT” (wherever occurring), substitute “Tribunal”.

12 Subclause 5(2) of Schedule 3

Omit “if a specification is numbered in accordance with

subclause 6(2),”.

13 Part 2 of Schedule 7 (table item 239)

Repeal the item.

14 Part 4 of Schedule 7 (paragraph (a) of table item 403)

Repeal the paragraph.

Trade Marks Regulations 1995

15 Regulation 2.1

Insert:

Code of Conduct means the standard of practice titled “Code of

Conduct for Patent and Trade Mark Attorneys” that is established

by the Board from time to time.

16 Subregulation 17A.33(3)

Omit “applicant”, substitute “holder of the IRDA”.

17 Subregulations 17A.34B(2) and (5)

Omit “applicant”, substitute “holder of the IRDA”.

18 Subregulation 17A.34H(5)

Omit “opponent”, substitute “holder”.

19 Subregulation 17A.34H(5)

Omit “opponent’s”, substitute “holder’s”.

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20 Subregulation 17A.34M(2)

Omit “An applicant”, substitute “The holder of an IRDA”.

21 Paragraph 17A.34M(6)(c)

Omit “applicant”, substitute “holder of the IRDA”.

22 Paragraph 17A.36(5)(a)

Omit “17A.29(3)”, substitute “17A.32(2)”.

23 Paragraph 20.14(b)

Omit “the ‘Register’”, substitute “the ‘Register of Patent Attorneys’”.

24 Paragraph 20.14(e)

Repeal the paragraph.

25 At the end of regulation 20.15

Add:

; and (d) the reference in subparagraph 20.33(2)(b)(i) of the Patents

Regulations 1991 to ‘regulation 20.6’ were a reference to

‘regulation 20.6 of the Trade Marks Regulations 1995’; and

(e) the reference in subparagraph 20.33(2)(b)(ii) of the Patents

Regulations 1991 to ‘regulation 20.8’ were a reference to

‘regulation 20.8 of the Trade Marks Regulations 1995’.

26 Regulation 21.14 (note)

Repeal the note, substitute:

Note: Regulation 5.19 deals with directions as to procedure in opposition

proceedings.

27 Subregulation 21.21A(2)

Omit “despite of”, substitute “despite”.

28 Paragraph 21.28(2)(b)

Omit “regulation 17.48F”, substitute “regulation 17A.48F”.

29 Clause 1 of Schedule 7

Omit “5.5”, substitute “5.18”.

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30 Schedule 9 (table item 13)

Repeal the item, substitute:

13 Filing an application for removal of a trade mark from

the Register for non-use under section 92 of the Act

$250

13A Filing an application for cessation of protection for

non-use under Subdivision D of Division 5 of Part 17A

$250

31 Schedule 9 (table item 18)

Repeal the item, substitute:

18 Handling an application for the international

registration of a trade mark under regulation 17A.7, if

the application is filed other than by approved means

$100

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Schedule 6—Application of amendments

Patents Regulations 1991

1 At the end of Chapter 23

Add:

23.37 Amendments made by Intellectual Property Legislation

Amendment (TRIPS Protocol and Other Measures)

Regulation 2015

(1) The amendments of these Regulations made by Schedule 1 to the

Intellectual Property Legislation Amendment (TRIPS Protocol and

Other Measures) Regulation 2015 (the amending instrument)

apply in relation to patents granted before or after the

commencement of that Schedule.

(2) The amendments of these Regulations made by items 2 to 13 of

Schedule 4 to the amending instrument apply in relation to the

following:

(a) patents for which the complete application is made after that

Schedule commences;

(b) standard patents for which the application had been made

before that 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 time;

(c) innovation patents granted after that Schedule commences, if

the complete application to which the patent relates had been

made before that time;

(d) complete patent applications made after the time that

Schedule commences;

(e) complete applications for standard patents made before the

commencement of that Schedule, 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 time;

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(f) complete applications for innovation patents made before

that Schedule commences, if a patent had not been granted in

relation to the application on or before that time;

(g) innovation patents granted before that 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 time;

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 time.

(3) Regulation 3.25 as repealed and substituted by Schedule 5 of the

amending instrument applies in relation to requests made after the

commencement of that Schedule, regardless of when the

micro-organism was deposited with a prescribed depository

institution.

(4) Regulation 3.25A as inserted by Schedule 5 of the amending

instrument applies in relation to applications for standard patents

made:

(a) after the commencement of that Schedule; and

(b) before the commencement of that Schedule, if the complete

specification relating to the application is not open to public

inspection at that commencement.

Federal Register of Legislative Instruments F2015L00852


Законодательство Имплементирует (1 текст(ов)) Имплементирует (1 текст(ов)) Аннулировано следующим актом (1 текст(ов)) Аннулировано следующим актом (1 текст(ов))
Договоры Касается (3 док.) Касается (3 док.) Справочный индекс документа ВТО
IP/N/1/AUS/C/18
IP/N/1/AUS/9
IP/N/1/AUS/D/7
IP/N/1/AUS/P/12
IP/N/1/AUS/T/11
Данные недоступны.

№ в WIPO Lex AU410