Commonwealth Numbered Regulations - Explanatory Statements

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DESIGNS AMENDMENT REGULATIONS 1998 (NO. 1) 1998 NO. 259

STATUTORY RULES 1998 NO. 259

Issued by the Authority of the Minister for Industry, Science and Tourism

Designs Act 1906

Designs Amendment Regulations 1998

The Statutory Rules amend the Designs Regulations (the Regulations) to

*       in line with current drafting conventions adopt a new name for the Regulations and substitute a new regulation 50AA to clarify the current wording;

*       substitute Schedule 2B to the Regulations to update the list of prescribed persons and employees; and

*        amend Schedule 2A to the Regulations to update the list of Convention countries.

Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 identifies the Statutory Rules as the Designs Amendment Regulations 1998.

Regulation 2 specifies that the Statutory Rules are to commence on gazettal.

Regulation 3 identifies the Designs Regulations as those amended.

Regulation 4 substitutes regulation 1 of the Regulations with a revised regulation to adopt a new naming convention for regulations.

Regulation 5 substitutes regulation 50AA of the Regulations with a revised regulation clarifying the wording of this regulation. Regulation 50AA determines the persons and employees to whom the Registrar of Designs may delegate powers.

Regulation 6 amends Schedule 2A to the Regulations to include the Democratic Republic of Sao Tome and Principe in the list of Convention countries. This reflects the fact that the Democratic Republic of Sao Tome and Principe acceded to the Paris Convention for the Protection of Industrial Property (Paris Convention),

The Paris Convention, inter alia, enables nationals of member states to claim the actual date they originally filed their application for a design as the effective date of filing in other Convention countries (Article 4). However, the applications must be filed within a certain time after the initial filing in order to obtain priority (6 months for designs). One of the advantages of the right of priority is that when an applicant desires protection in several countries, the applications are not required to be filed at the same time. The applicant has 6 months to decide in what countries to file applications and to organise, with due care, the steps to take to ensure protection. As Australia is a member of the Paris Convention this right also applies to Australian nationals.

Regulation 7 substitutes a new Schedule 2B to the Regulations to reflect changes made to IP Australia's employee classification made under IP Australia's certified agreement. This change is required to permit the Registrar of Designs to delegate certain powers to prescribed persons and employees under paragraph 8A(1) (a) of the Design Act 1906.

The regulations are to commence on gazettal.