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TRADE MARKS AMENDMENT REGULATIONS 1998 (No. 4) 1998 No. 346 - SCHEDULE 1

Schedule 1 Amendment of Trade Marks Regulations 1995
(regulation 3) (1) Regulation 2.1
insert accredited course of study means a course of study that is accredited
by the Board under regulation 20.2A of the Patents Regulations 1991. (2) After
Part 19
insert Part 20 Registered trade marks attorneys 20.1 Qualifications

(1) For paragraph 228A (4) (a) of the Act, the qualifications are:

   (a)  for each of topic groups A, B, C and D mentioned in Schedule 5 to the
        Patents Regulations 1991  a pass in:

        (i)    an accredited course of study that includes the subject matter
               in the topic group; or

        (ii)   the examination conducted by the Board under regulation 20.6 of
               the Patents Regulations 1991; and

   (b)  an award or the entitlement to an award of a degree, diploma or
        postgraduate qualification in any field of study.

(2) For paragraph (1) (a), an exemption under regulation 20.13 of the Patents
Regulations 1990 is taken to be a pass in the topic group for which the
exemption was granted.

(3) For paragraph 228A (4) (c) of the Act, an offence against the Act, the
Designs Act 1906 or the Patents Act 1990 is a prescribed offence.

(4) For paragraph 228A (4) (d) of the Act, an offence of dishonesty for which
the maximum penalty is imprisonment for at least 2 years is a prescribed
offence. 20.2 Currency of pass or exemption
For paragraph 20.1 (1) (a), a pass in a topic group or an exemption under
regulation 20.13 of the Patents Regulations 1991 remains current for the
purpose of completing topic groups A, B, C and D:

   (a)  if the institution has a policy on time periods to complete courses of
        study  for the period that accords with that policy; or

   (b)  for the Board, or if the institution has no policy  for 5 years from
        the year of notification that the candidate:

        (i)    has passed the first examination in a subject in 1 of the topic
               groups; or

        (ii)   has been exempted under regulation 20.13 of the Patents 
               Regulations 1991 from having to pass a subject in 1 of the
               topic groups. 20.3 Procedure for registration
A person may apply for registration as a trade marks attorney in the approved
form together with:

   (a)  a written statement by the Board that the person has met the
        requirements of paragraph 228A (4) (a) of the Act; and

   (b)  a statutory declaration by the person that the person:

        (i)    has not committed an offence prescribed by subregulation 20.1
               (3); and

        (ii)   is not under sentence of imprisonment for an offence prescribed
               by subregulation 20.1 (4); and

   (c)  a statutory declaration, by another person, that the person is of good
        fame, integrity and character; and

   (d)  the fee mentioned in item 22 of Schedule 9. 20.4 Certificate of
        registration
When the Designated Manager registers a person as a trade marks attorney, the
Designated Manager must give to the person a certificate of registration in
the approved form. 20.5 Examinations
Division 2 of Part 2 of Chapter 20 of the Patents Regulations 1991 applies to
an examination mentioned in regulation 20.1. 20.6 Advice of completion of
examinable subjects and of academic qualifications
The Board must give to a person a written statement that the person has the
qualifications mentioned in subregulation 20.1 (1) if:

   (a)  the person applies in the approved form; and

   (b)  there are reasonable grounds for believing that the person has the
        qualifications. 20.7 Annual registration fee

(1) The annual registration fee mentioned in item 23 or 24 of Schedule 9 is
payable by a registered trade marks attorney on 1 July in each year.

(2) The Designated Manager must give to each registered trade marks attorney
no later than 1 June in each year notice of the fee that is payable.

(3) If a registered trade marks attorney does not pay the fee within 14 days
after it is payable, the Designated Manager must:

   (a)  remove the name of the attorney from the Register of Trade Marks
        Attorneys; and

   (b)  notify the attorney of that removal. 20.8 Restoration of name to the
        Register
The Designated Manager may restore a person's name to the Register of Trade
Marks Attorneys if, within 6 weeks after the end of the period mentioned in
subregulation 20.7 (3) or a further period reasonably allowed by the
Designated Manager, the person:

   (a)  pays the fees referred to in regulation 20.7 and item 25 of Schedule
        9; and

   (b)  applies in the approved form. 20.9 Voluntary removal of name from
        register

(1) On written application by a registered trade marks attorney, the
Designated Manager may:

   (a)  remove the attorney's name from the Register of Trade Marks Attorneys
        for up to 3 years; or

   (b)  restore the attorney's name to the register on payment of:

        (i)    the annual registration fee payable for the year in which the
               reinstatement is made; and

        (ii)   the fee mentioned in item 25 of Schedule 9.

(2) An application for restoration of an attorney's name to the register under
paragraph (1) (b) must be made within the period determined by the Designated
Manager for paragraph (1) (a). 20.10 Lien
A registered trade marks attorney has the same right of lien over documents
and property of a client as a solicitor. 20.11 Discipline
Part 4 of Chapter 20 of the Patents Regulations 1991 applies to a registered
trade marks attorney as if the references in that Part to a registered patent
attorney were references to a registered trade marks attorney. (3) Paragraph
21.6 (3) (f)
substitute

   (f)  a registered patent attorney; or (4) Regulation 21.30
substitute 21.30 Rights of registered patent attorneys
A registered patent attorney has the same right of lien over documents and
property of a client as a solicitor. (5) After regulation 21.34
insert 21.35 Review of decisions

(1) In this regulation: decision has the same meaning as in the
Administrative Appeals  Tribunal Act 1975 .

(2) Application may be made to the Tribunal for review of a decision of:

   (a)  the Board under subregulation 20.21 (7) of the Patents  Regulations
        1991 in its application to trade marks attorneys; or

   (b)  the Disciplinary Tribunal under subregulation 20.23 (2), (4) or (5) of
        the Patents Regulations 1991 in its application to trade marks
        attorneys. (6) After regulation 22.6
insert 22.7 Trade marks attorneys
For registration as a trade marks attorney, a person is taken to meet the
requirements of subregulation 20.1 (1) until 27 January 2001 if the person:

   (a)  was, on 28 February 1998, registered as a patent attorney under
        section 198 of the Patents Act 1990; or

   (b)  met the requirements of paragraphs 198 (2) (c) and (d) of the
        Patents Act 1990 as in force on 26 January 1999; or

   (c)  is a legal practitioner who acted for a client in trade mark matters
        before 27 January 1999, and makes a statutory declaration to that
        effect; or

   (d)  is a person to whom note 4 to subsection 156 (2) of the Trade  Marks
        Act 1995 applies. 22.8 Trade marks attorney examination requirements

(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              Column 2

Subject               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 statutory 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. (7) Schedule 8,
        items 10 and 11
omit
patent attorney, trade marks agent
insert
registered patent attorney, registered trade marks attorney (8) Schedule 9,
after item 18
insert

19          Applying for admission to sit for an examination conducted 
            by the Board                    $400
20          Applying for grant of a supplementary examination 
            conducted by the Board          $200
21          A report of reasons for failure of an examination 
            conducted by the Board          $200
22          Applying for registration as a trade marks attorney
$150
23          Annual registration fee payable by a trade marks attorney

$150
24          Annual registration fee payable for combined registration 

as a trade marks attorney and patent attorney
$320
25          Applying under regulation 20.8 or 20.9

$160 


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