Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister of State for Science and Technology

Designs Act 1906

Designs Regulations (Amendment)

The Statutory Rules amend the Designs Regulations (the Regulations) to enable the Registrar of Designs (the Registrar) to waive or refund fees in special circumstances; to enable costs awarded in any proceedings before the Registrar to be taxed, allowed and certified and to include the levels of those costs in a schedule to the Regulations; to declare Gambia to be a Convention country; and to vary certain fees payable under the Regulations. Details of the amendments are as follows:

Regulation 1 sets 1 July 1992 as the commencement day for regulations 4, 5, 6 and 8.

Regulation 2 identifies the Designs Regulations as those to be amended.

Regulation 3 inserts new regulation 4A to allow the Registrar to exempt a person from the payment of a fee, remit any part of a fee or refund the whole or any part of a fee relating to the lodgement of a document, where the Registrar is reasonably satisfied that such an action is justified.

Regulation 4 omits regulation 43 from the Regulations.

Regulation 5 inserts new regulation 50A to enable parties to any proceedings before the Registrar to have the costs, expenses or allowances awarded against them taxed, allowed and certified by an officer of, or employee in, the Designs Office.

Regulation 6 substitutes a revised Schedule 2. The items differ from existing items in the level of fees except for items 8 to 10 and 12 to 18 which remain unchanged. The overall effect of the revised fees is an increase of 3.5 per cent on average in fee levels. This increase will enable the Patent, Trade Marks and Designs Offices to meet their cost recovery obligations.

Regulation 7 includes Gambia in the list of Convention countries in Schedule 2A to the Regulations.

Regulation 8 inserts new Schedule 4 which lists items and amounts of costs, expenses and allowances that can be awarded, taxed, allowed and certified in relation to proceedings before the Registrar.

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