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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Intellectual
Property Laws Amendment Bill 2002
No. ,
2002
(Industry, Tourism and
Resources)
A Bill for an Act to amend
legislation relating to intellectual property, and for related
purposes
Contents
Designs Act
1906 3
Patents Act
1990 3
Trade Marks Act
1995 3
Part 1—Disclosure of
searches 5
Patents Act
1990 5
Part 2—Definition of
employee 8
Trade Marks Act
1995 8
Part 3—Technical
amendment 9
Patents Amendment (Innovation Patents) Act
2000 9
A Bill for an Act to amend legislation relating to
intellectual property, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Intellectual Property Laws Amendment Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
3. Schedule 2, Part 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
4. Schedule 2, Part 2 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
5. Schedule 2, Part 3 |
Immediately after the time specified in the Patents Amendment
(Innovation Patents) Act 2000 for the commencement of item 3 of
Schedule 1 to that Act |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 3 of the table does not commence
within the period of 2 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 27B(1)
Repeal the subsection, substitute:
(1) The Registrar must extend the time for doing a relevant act that is
required to be done within a certain time if the act is not, or cannot be, done
within that time because of an error or omission by:
(a) the Registrar or a Deputy Registrar; or
(b) a person employed in the Designs Office; or
(c) a person providing, or proposing to provide, services for the benefit
of the Designs Office.
2 Subsection 223(1)
Repeal the subsection, substitute:
(1) The Commissioner must extend the time for doing a relevant act that is
required to be done within a certain time if the act is not, or cannot be, done
within that time because of an error or omission by:
(a) the Commissioner or a Deputy Commissioner; or
(b) an employee; or
(c) a person providing, or proposing to provide, services for the benefit
of the Patent Office.
3 Reader’s Guide (list of terms defined in
section 6)
Omit “trade marks officer”.
4 Section 6 (definition of trade marks
officer)
Repeal the definition.
5 Subsection 224(1) (including the
note)
Repeal the subsection, substitute:
(1) The Registrar must extend the time for doing a relevant act that is
required by this Act to be done within a certain time if the act is not, or
cannot be, done within that time because of an error or omission by:
(a) the Registrar or a Deputy Registrar; or
(b) an employee; or
(c) a person providing, or proposing to provide, services for the benefit
of the Trade Marks Office.
1 Section 3 (list of
definitions)
Insert “foreign patent office”.
2 Subsection 45(3)
Repeal the subsection, substitute:
(3) The applicant must inform the Commissioner, in accordance with the
regulations, of the results of the following searches carried out for the
purpose of assessing the patentability of an invention disclosed in the complete
specification or a corresponding application filed outside Australia:
(a) any documentary searches by, or on behalf of, a foreign patent office,
other than searches prescribed by the regulations;
(b) the documentary searches prescribed by the regulations.
(4) Subsection (3) only applies to searches completed before the
grant of the patent.
(5) In subsection (4):
completed, in relation to a search, has the meaning
prescribed by the regulations.
3 Section 101D
Repeal the section, substitute:
(1) The patentee must inform the Commissioner, in accordance with the
regulations, of the results of the following searches carried out for the
purpose of assessing the patentability of an invention disclosed in the complete
specification or a corresponding application filed outside Australia:
(a) any documentary searches by, or on behalf of, a foreign patent office,
other than searches prescribed by the regulations;
(b) the documentary searches prescribed by the regulations.
(2) Subsection (1) only applies to searches completed before the
issue of a certificate of examination in respect of the patent.
(3) In subsection (2):
completed, in relation to a search, has the meaning
prescribed by the regulations.
4 Schedule 1
(Dictionary)
Insert:
foreign patent office means an office, organisation or other
body that may grant protection in respect of an invention in a foreign
country.
5 Application
(1) The amendment made by item 2 of this Schedule applies in relation
to an application if the patent request and complete specification in relation
to that application had not been accepted under subsection 49(1) of the
Patents Act 1990 before 1 April 2002.
(2) The amendment made by item 3 of this Schedule applies in relation
to an innovation patent unless the Commissioner had started examination of the
patent under section 101B of the Patents Act 1990 before
1 April 2002.
(3) For the purposes of subitem (1), information given before
commencement under old subsection 45(3) is taken to be information given under
new subsection 45(3).
(4) For the purposes of subitem (2), information given before
commencement under old section 101D is taken to be information given under
new section 101D.
(5) In this item:
commencement means the time of commencement of Part 1 of
this Schedule.
new section 101D means section 101D of the
Patents Act 1990 as in force immediately after commencement.
new subsection 45(3) means subsection 45(3) of the Patents
Act 1990 as in force immediately after commencement.
old section 101D means section 101D of the
Patents Act 1990 as in force immediately before commencement.
old subsection 45(3) means subsection 45(3) of the Patents
Act 1990 as in force immediately before commencement.
6 Section 6 (definition of
employee)
Repeal the definition, substitute:
employee means a person, other than the Registrar or a Deputy
Registrar, who:
(a) is a person engaged under the Public Service Act 1999 and is
employed in the Trade Marks Office; or
(b) is not such a person but performs services, in the Trade Marks Office,
for or on behalf of the Commonwealth.
7 Subsection 206(1)
Omit “class, employed in the Trade Marks Office”, substitute
“class”.
Patents Amendment
(Innovation Patents) Act 2000
8 Item 3 of
Schedule 1
After “section” insert, “(other than Tables 1 and
2)”.