Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


DESIGNS AMENDMENT REGULATIONS 1999 (NO. 2) 1999 NO. 348

EXPLANATORY STATEMENT

STATUTORY RULES 1999 No. 348

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

Designs Act 1906

Designs Amendment Regulations 1999 (No. 2)

Section 41 of the Designs Act 1906 (the Act) empowers the Governor-General to make regulations for the purposes of the Act, for prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act and for the conduct of any business relating to the Designs Office. Subsection 48 (1) of the Act provides the Governor-General may make regulations declaring that a country specified in the Regulations is a Convention country for the purposes of the Act.

The regulations amend the Designs Regulations 1982 (the Regulations) to amend Schedule 2A to the Regulations to update the list of Convention countries.

Details of the amendments made by these regulations are as follows:

Regulation 1 identifies the regulations as the Designs Amendment Regulations 1999 (No. 2).

Regulation 2 specifies that the regulations are to commence on gazettal.

Regulation 3 provides Schedule 1 amends the Regulations.

Item 1 of Schedule 1 amends Schedule 2A to the Regulations to include Oman in the list of Convention countries. This will reflect the fact that Oman has acceded to the Paris Convention for the Protection of Industrial Property (the 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 in other Convention countries within 6 months after the original filing date in order to obtain priority. 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.


[Index] [Related Items] [Search] [Download] [Help]