Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 229

Privileges of trade marks attorney and patent attorney

  (1)   A communication made for the dominant purpose of a registered trade marks 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 lawyer providing legal advice to a client.

  (1A)   A record or document made for the dominant purpose of a registered trade marks 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 lawyer providing legal advice to a client.

  (1B)   A reference in subsection   (1) or (1A) to a registered trade marks attorney includes a reference to an individual authorised to do trade marks 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.

  (2)   The regulations may provide that a registered trade marks attorney or a patent attorney has, in relation to documents and property of a client in a matter relating to trade marks, the same right of lien that a solicitor has in relation to the documents and property of a client.

  (3)   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.

  (4)   Nothing in this section authorises a registered trade marks 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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