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TRADE MARKS REGULATIONS 1995 - REG 22.15

Transitional--registration as a trade marks attorney

             (1)  This regulation is made for item 84 of Schedule 4 (the amending Schedule ) to the Intellectual Property Laws Amendment Act 2015 .

             (2)  For paragraphs 84(1)(c) and (d) of the amending Schedule, an application for registration as a trade marks attorney must:

                     (a)  be in writing, in a form approved by the Designated Manager; and

                     (b)  be accompanied by a statement of experience as mentioned in subregulation (3) of this regulation that satisfies the Designated Manager that the applicant's level of competency in trade marks law and practice is sufficient to warrant the applicant becoming a registered trade marks attorney; and

                     (c)  be accompanied by a declaration signed by the applicant that the applicant:

                              (i)  has not, in the 5 years preceding the application, been convicted of an offence mentioned in subregulation (4) of this regulation; and

                             (ii)  is not under sentence of imprisonment for an offence mentioned in subregulation (5) of this regulation; and

                     (d)  be accompanied by the fee mentioned in item 28 of Schedule 9.

             (3)  For paragraph (2)(b), the statement of experience must:

                     (a)  set out details of the applicant's experience in the following activities in the 5 years preceding the application:

                              (i)  searching trade marks records;

                             (ii)  preparing, filing and prosecuting trade marks applications in relation to Australia and New Zealand;

                            (iii)  preparing, filing and prosecuting trade marks applications in relation to other countries and organisations, particularly countries and organisations that are regarded as major trading partners with Australia and New Zealand;

                            (iv)  providing advice on the validity and infringement of trade marks; and

                     (b)  contain a declaration, signed by the applicant, that the details of the applicant's experience set out in the statement of experience are true and correct; and

                     (c)  be accompanied by evidence of such experience.

Note:          Examples of major trading partners for subparagraph (3)(a)(iii) are as follows:

(a)    European Union;

(b)    Japan;

(c)    People's Republic of China;

(d)    Republic of Korea;

(e)    United States of America.

             (4)  An offence against any of the following Acts is a prescribed offence for paragraph 84(1)(e) of the amending Schedule:

                     (a)  the Act;

                     (b)  the Designs Act 2003 ;

                     (c)  the Patents Act 1990 .

             (5)  An offence of dishonesty, whether committed in Australia or New Zealand and whether committed before or after the commencement day, for which the maximum penalty is imprisonment for at least 2 years is a prescribed offence for paragraph 84(1)(f) of the amending Schedule.



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