Commonwealth Numbered Regulations - Explanatory Statements

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TRADE MARKS AMENDMENT REGULATIONS 1999 (NO. 3) 1999 NO. 196

EXPLANATORY STATEMENT

STATUTORY RULES 1999 NO. 196

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

Trade Marks Act 1995

Trade Marks Amendment Regulations 1999 (No. 3)

The regulations amend the Trade Marks Regulations 1995 (the Regulations) to clarify the requirements with which an applicant must comply if he or she is claiming priority on the basis of another trade mark application filed in a Convention country.

Australia is a. member of the Paris Convention for the Protection of Industrial Property (Paris Convention). The Paris Convention requires all information relating to a claim for priority to be published when the other details of the Australian trade mark application are published. The Paris Convention requires only the name of the Convention country and filing date of the initial application to be provided at the time of making the claim for priority, in order for the claim to be valid. However, the Regulations provide that a claim for priority can only be valid if it includes the name of the Convention country in which the initial application was filed, the filing date, and the application number. The amendment will ensure that the Regulations are consistent with the requirements of the Paris Convention with regard to claiming a right of priority.

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

Regulation 1 identifies these regulations as the Trade Marks Amendment Regulations 1999 (No. 3).

Regulation 2 specifies that regulations 1, 2, 3 and Schedule 1 are to commence on gazettal.

Regulation 3 specifies that Schedule 1 amends the Regulations.

Item 1 of Schedule 1 amends paragraph 4.6(2)(b) of the Regulations by substituting the semi colon and the word 'and' with a full stop after the word 'filed', consequent to the deletion of paragraph 4.6(2)(c).

Item 2 of Schedule 1 omits paragraph 4.6(2)(c) of the Regulations, consequent to the insertion of new subregulation 4.6(4).

Item 3 of Schedule 1 inserts new subregulation 4.6(4) to provide that an applicant must inform the Registrar of Trade Marks of the number allocated to each earlier application in the trade marks office, or its equivalent, of the Convention country in which each earlier application was filed.


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