Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 200

Privileges

             (1)  A registered patent attorney:

                     (a)  is entitled to prepare all documents, transact all business and conduct all proceedings for the purposes of this Act; and

                     (b)  has such other rights and privileges as are prescribed.

             (2)  A communication made for the dominant purpose of a registered patent attorney providing intellectual property advice to a client is privileged in the same way, and to the same extent, as a communication made for the dominant purpose of a legal practitioner providing legal advice to a client.

          (2A)  A record or document made for the dominant purpose of a registered patent attorney providing intellectual property advice to a client is privileged in the same way, and to the same extent, as a record or document made for the dominant purpose of a legal practitioner providing legal advice to a client.

          (2B)  A reference in subsection (2) or (2A) to a registered patent attorney includes a reference to an individual authorised to do patents work under a law of another country or region, to the extent to which the individual is authorised to provide intellectual property advice of the kind provided.

          (2C)  Intellectual property advice means advice in relation to:

                     (a)  patents; or

                     (b)  trade marks; or

                     (c)  designs; or

                     (d)  plant breeder's rights; or

                     (e)  any related matters.

             (3)  Nothing in this section authorises a registered patent attorney to prepare a document to be issued from or filed in a court or to transact business, or conduct proceedings, in a court.



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