Commonwealth Numbered Regulations - Explanatory Statements

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


TRADE MARKS AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 185

EXPLANATORY STATEMENT

STATUTORY RULES 2001 No. 185

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

Patents Act 1990

Trade Marks Act 1995

Patents Amendment Regulations 2001 (No. 2)

Trade Marks Amendment Regulations 2001 (No. 2)

Section 228 of the Patents Act 1990 (the Patents Act) provides for the Governor-General to make regulations for the purpose of the Act for carrying out or giving effect to the Patents Act.

Paragraph 198(b) of the Patents Act specifies that a person seeking registration as a patent attorney must hold such qualifications as are specified in the Patents Regulations.

Section 231 of the Trade Marks Act 1995 (the Trade Marks Act) provides for the Governor-General to make regulations for the purposes of the Trade Marks Act.

Section 228A of the Trade Marks Act specifies that a person seeking registration as a trade marks attorney must hold such qualifications as are specified in the Trade Marks Regulations.

The regulations clarify aspects of the qualifications specified in Regulation 20.3 of the Patent Regulations 1990 and Regulation 20.1 of the Trade Marks Regulations 1995 for registration as a trade marks attorney. These amendments result from changes made to the qualification awards that may be given by education institutions consequent on the introduction of the Australian Qualifications Framework (AQF).

The AQF provides an integrated 12 level standard of qualification awards that might be awarded by three identified sectors of education providers, being the secondary school, vocational and higher education sectors.

The level of awards in the AQF provides for some overlap of qualifications at the different levels, while distinguishing those qualifications on the basis that they are granted by different education sectors and therefore achieve different education objectives. The area of most concern is the diploma, graduate diploma and graduate certificate levels that can be awarded by both tertiary bodies at the vocational level and' universities at the higher education levels. This overlap in the AQF impacts on the courses that might meet requirements for registration as a trade marks attorney and dilutes the level of education required for entry to the profession.

The amendments ensure the intended level of qualification is approved by the Professional Standards Board as meeting the general education requirement for registration as an attorney.

The amended Trade Marks Regulations also revise the specification of qualifications to clarify that a person seeking registration holds a qualification from a higher education institution in any general field of study, in addition to meeting the requirements for technical subject matter associated with practice as a trade marks attorney. This clarification has been included because some persons seeking registration have been unsure of whether the award in a course accredited by the Board as meeting the technical requirements at the Graduate Diploma or Graduate Certificate level resulting from mature age entry would satisfy both education requirements.

Details of the amendments made by these regulations are in the Attachments.

The Regulations commence on Gazettal.

Attachment A

Patents Amendment Regulations 2001 (No. 2)

Details of the regulations are as follows:

Regulation 1 identifies the amending regulations as the Patent Amendment Regulations 2001 (No. 2)

Regulation 2 specifies that the regulations commence on gazettal.

Regulation 3 specifies that Schedule 1 amends the Patent Regulations 1990 (the Regulations).

Item 1 of Schedule 1 amends the regulations to take account of changes made to the qualifications awards scheme for Australian education institutions as a consequence of the introduction of the Australian Qualifications Framework. The amendment ensures that the level of qualification required to satisfy the test of entry to the profession remains at the higher education level.

Attachment B

Trade Marks Amendment Regulations 2001 (No. 2)

Details of the regulations are as follows:

Regulation 1 identifies the amending regulations as the Trade Marks Amendment Regulations 2001 (No. 2).

Regulation 2 specifies that the regulations commence on gazettal.

Regulation 3 specifies that Schedule 1 amends the Trade Marks Regulations 1995 (the Regulations).

Item 1 of Schedule 1 amends the regulations to take account of changes made to the qualifications awards scheme for Australian education institutions as a consequence of the introduction of the Australian Qualifications Framework. The amendment ensures that the level of qualification required to satisfy the test of entry to the profession remains at the higher education level.

Item 1 of Schedule 1 also amends the regulations to ensure that any course accredited by the Board under the regulations as meeting the technical education requirements and resulting in an award from a higher education institution does not satisfy the general qualification requirement.


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