Commonwealth Numbered Regulations - Explanatory Statements

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DESIGNS AMENDMENT REGULATIONS 1998 (NO. 3) 1998 NO. 347

STATUTORY RULES 1998 NO. 347

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

Designs Act 1906

Designs Amendment Regulations 1998 (No. 3)

The Statutory Rules amend the Designs Regulations (the Regulations) to implement changes to the regulatory regime for professional practice in designs matters as a consequence of changes included in Schedule 2 of the Intellectual Property Laws Amendment Act 1998.

The changes

*       remove restrictions on who can practice before the Designs Office to allow any person the right of professional practice before the office; and

*       recognise the new profession of trade marks attorneys and provide them with the same privileges as registered patent attorneys

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

Regulation 1 cites the Regulations as the Designs Amendment Regulations 1998.

Regulation 1 provides that the Regulations will commence on 27 January 1999.

Regulation incorporates the provisions m Schedule 1 into the Designs Regulations 1982.

Items [1] amends Regulation 3(1) to omit the definition of a patent attorney that is no longer required as the term is defined in the Act.

Items [2] and [3] amend Regulation 48 to include reference to trade marks attorneys where required in respect of provisions relating to lien over documents.

Item [4] omits Regulation 49 as it restricts who may act as an agent in designs matters and is now contrary to the Act.

Item [5] includes references to registered patent attorneys and trade marks attorneys in Schedule 7, Schedule of Costs.