(1) For a person who passed an examination, or was exempted from having to pass the examination, for at least 1 subject under Schedule 5 of the Patents Regulations 1991 as in force on 26 January 1999, the period of 5 years for paragraph 20.3A(1)(b) of the Patents Regulations 1991 is taken to commence on 27 January 1999.
(2) Subregulation (3) applies to a person who has passed an examination, or been exempted from having to pass the examination, for at least 1 subject mentioned in Schedule 5 as in force on 26 January 1999.
(3) A pass in an examination for a subject mentioned in column 1 of the following table is taken to be a pass for paragraph 20.1(1)(a) in a topic group mentioned in column 2 of the table:
Column 1 Subject | Column 2 Topic group |
Legal Process | Group A--Legal process and overview of intellectual property |
Patent Attorneys' Practice, Part 2 | Group B--Professional conduct |
Trade Marks law of Australia and the Practice of the Trade Marks Office | Group C--Trade mark law |
Patent Attorneys' Practice, Part 1 and Patent Attorneys' Practice, Part 2 | Group D--Trade mark practice |
(4) For registration as a trade marks attorney, a person is taken to have passed an examination for Patent Attorney's Practice 1 and Patent Attorney's Practice 2 if the person:
(a) before 27 January 1999, passed an examination for a subject that the Board considers is equivalent to topic groups A and C mentioned in Schedule 5 to the Patents Regulations 1991 ; and
(b) applies for registration as a trade marks attorney before 27 January 2001; and
(c) provides a declaration by an employer or the employer's representative that the person's principal field of practice for 2 continuous years has been in trade marks matters.