Victorian Consolidated Regulations

SUPREME COURT (INTELLECTUAL PROPERTY) RULES 2016 - REG 1.06

    (1)     In these Rules—

"Advance Australia Logo Protection Act" means the Advance Australia Logo Protection Act 1984 of the Commonwealth;

"Circuit Layouts Act" means the Circuit Layouts Act 1989 of the Commonwealth;

"Commissioner" means—

        (a)     in relation to proceedings under the Patents Act, the Commissioner under that Act;

        (b)     in relation to proceedings under the Designs Act, the Registrar under that Act;

        (c)     in relation to proceedings under the Trade Marks Act, the Registrar under that Act; and

        (d)     in relation to proceedings under the Olympic Insignia Protection Act, the Registrar under the Designs Act;

"Copyright Act" means the Copyright Act 1968 of the Commonwealth;

"Court expert" means a person who has been appointed as an independent expert under Rule 10.01(1);

"decision" includes a direction given or determination made by the Commissioner or Secretary;

"Designs Act" means the Designs Act 2003 of the Commonwealth;

"expert" includes any skilled person whose opinion on a question relevant to any issue in dispute in a proceeding would be received by the Court;

"intellectual property case" means—

        (a)     a proceeding for the infringement, or the determination of the validity, of

              (i)     a patent granted under the Patents Act or the Patents Act 1952 of the Commonwealth;

              (ii)     a trade mark registered under the Trade Marks Act;

              (iii)     a design registered under the Designs Act;

              (iv)     EL rights allegedly subsisting under the Circuit Layouts Act ;

              (v)     the design of a logo provided for by the Advance Australia Logo Protection Act ;

              (vi)     a protected design provided for by the Olympic Insignia Protection Act; or

              (vii)     copyright allegedly subsisting under the Copyright Act ;

        (b)     an application, appeal or other proceeding under a subject Act, whether or not joined with any other claim or cause of action;

        (c)     a proceeding seeking the protection or exploitation of confidential information;

Rule 1.06(1) def. of List substituted by S.R. No. 15/2017 rule 25(a).

"List" means the Intellectual Property List;

"Olympic Insignia Protection Act" means the Olympic Insignia Protection Act 1987 of the Commonwealth;

"Patents Act" means the Patents Act 1990 of the Commonwealth;

Rule 1.06(1) def. of RedCrest substituted by S.R. Nos 15/2017 rule 25(b), 58/2018 rule 40.

"RedCrest "means the electronic filing system in operation in the Court from time to time;

"Secretary" means the Secretary referred to in the Patents Act ;

"subject Act" means the Advance Australia Logo Protection Act, the Circuit Layouts Act, the Copyright Act, the Designs Act, the Olympic Insignia Protection Act , the Patents Act or the Trade Marks Act, as the case requires;

"Trade Marks Act" means the Trade Marks Act 1995 of the Commonwealth.

    (2)     An expression used in these Rules that is also used in a provision of a subject Act under which, or in relation to which, a proceeding is taken has, for the purposes of that proceeding, the same meaning in these Rules as it has in that provision.