Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

PATENTS REGULATIONS (AMENDMENT) 1998 NO. 56

STATUTORY RULES 1998 NO. 56

Issued by the Authority of the Minister for Industry, Science and Tourism

Patents Act 1990

Patents Regulations (Amendment)

The Statutory Rules amend the Patents Regulations (the Regulations) to:

*       create the new Professional Standards Board for Patent and Trade Marks Attorneys to

       replace the existing Patent Attorneys Professional Standards Board;

*       provide for a broader based membership for the new board;

*       revise provisions relating to the resignation or removal of members;

*       provide transitional arrangements to preserve decisions made by the superseded board.

Details of the amendments made by these Statutory Rules are as follows;

Regulation 1 provides that the Regulations will commence on Gazettal.

Regulation 2 identifies the Patents Regulations as those amended.

Regulation 3.1 removes the definition of AIPO as the amendment to regulation 20.32 made by Regulation 6.1 makes it redundant.

Regulation 3.2 removes the old definition of the Board and substitutes the definition of the Professional Standards Board for Patent and Trade Marks Attorneys.

Regulation 3.3 removes the definition of "member" to accord with current drafting style.

Regulation 4 simplifies administration by removing the existing addresses for servicing of documents and provides for all documents to be sent to the Professional Standards Board for Patent and Trade Marks Attorneys.

Regulation 5 revises the title of Division 1 of Part 5 in Chapter 20 to reflect the changed name of the board to the Professional Standards Board for Patent and Trade Marks Attorneys.

Regulation 6 removes the existing provision for membership of the Board and reconstitutes the Board to comprise the Chairperson, an ex officio member and at least two persons appointed by the Minister.

Regulations 7 removes provisions for the election of members required for the previous board.

Regulation 8 revises the provisions for the appointment of members consequent on the changes so that the Minister may appoint persons for up to three years provided the person has not turned 65 or will not turn 65 during the period of the appointment.

Regulation 9 redrafts the provisions on the removal of members from the board to provide that members must seek leave of absence, if convicted of an offence punishable by imprisonment for at least 12 months, cannot perform the duties, has behaved in an offensive manner, is inefficient or has become a bankrupt.

Regulation 10 removes provisions for the replacement of elected members required for the previous board.

Regulation 11 revises the quorum requirements following the change in membership.

Regulation 12 removes the provisions for the appointment of the Secretary so that secretariat support become an administrative matter and substitutes a provision allowing the board to grant leave to the Chairman.

Regulations 13, 14, 15, 16 and 17 provide for the continued effect of decisions and actions taken by the previous board so that no person is disadvantaged by the changed provisions.