Intellectual Property Legislation Amendment Regulations 2011 (No. 2)1
Select Legislative Instrument 2011 No. 217
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Designs Act 2003, the Olympic Insignia Protection Act 1987, the Patents Act 1990, the Plant Breeder’s Rights Act 1994 and the Trade Marks Act 1995.
Dated 23 November 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
KIM CARR
Minister for Innovation, Industry, Science and Research
1 Name of Regulations
These Regulations are the Intellectual Property Legislation Amendment Regulations 2011 (No. 2).
2 Commencement
These Regulations commence as follows:
(a) on 27 December 2011 — regulations 1 to 3 and Schedule 1;
(b) on 1 January 2012 — regulation 4 and Schedule 2.
3 Amendments — Schedule 1
Schedule 1 amends:
(a) the Designs Regulations 2004; and
(b) the Olympic Insignia Protection Regulations 1993; and
(c) the Patents Regulations 1991; and
(d) the Plant Breeder’s Rights Regulations 1994; and
(e) the Trade Marks Regulations 1995.
4 Amendments — Schedule 2
Schedule 2 amends:
(a) the Patents Regulations 1991; and
(b) the Trade Marks Regulations 1995.
Schedule 1 Amendments commencing on 27 December 2011
(regulation 3)
Part 1 Designs Regulations 2004
[1.1] Subregulation 11.33 (2), note
omit
17AA
insert
2B
Part 2 Olympic Insignia Protection Regulations 1993
[2.1] Subregulation 6B (2), note
omit
17AA
insert
2B
Part 3 Patents Regulations 1991
[3.1] Subregulation 22.10AB (2), note
omit
17AA
insert
2B
Part 4 Plant Breeder’s Rights Regulations 1994
[4.1] Subregulation 3F (2), note
omit
17AA
insert
2B
Part 5 Trade Marks Regulations 1995
[5.1] Regulation 2.2, note
omit
displaces section 36
insert
expresses a contrary intention to section 2G and subsection 36 (1)
[5.2] Regulation 2.2, note
omit
provision.
insert
provisions.
[5.3] Subregulation 21.24B (2), note
omit
17AA
insert
2B
Schedule 2 Amendments commencing on 1 January 2012
(regulation 4)
Part 1 Patents Regulations 1991
[1.1] Subregulation 1.3 (4)
omit
Subject to subregulation (5), if
insert
If
[1.2] Subregulation 1.3 (5)
substitute
(5) A document is taken to be given to a person if the Commissioner or the Office:
(a) makes the document available to the person by an electronic means; and
(b) sends the person a notice, stating that the document is available for the person to collect in an electronic form.
[1.3] After regulation 10.6
insert
10.6A Deferred consideration of request for amendment
(1) This regulation applies if:
(a) on or after 1 January 2012 — an applicant asks the Commissioner for leave to amend a complete specification; and
(b) the complete specification relates to an application for a standard patent; and
(c) the applicant has not filed a request for examination of the patent request and complete specification relating to the application; and
(d) the applicant asks the Commissioner to defer considering the request for leave to amend until the Commissioner examines the patent request and complete specification.
(2) The request for leave to amend the complete specification is taken to be filed immediately after the applicant files the request for examination of the patent request and complete specification.
Part 2 Trade Marks Regulations 1995
[2.1] Schedule 1, Part 1, item 4
omit
wicks
insert
wicks for lighting
[2.2] Schedule 1, Part 1, item 5
substitute
5
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
[2.3] Schedule 1, Part 1, item 7
omit
eggs
insert
eggs; automatic vending machines
[2.4] Schedule 1, Part 1, item 9
substitute
9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin‑operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire‑extinguishing apparatus
[2.5] Schedule 1, Part 1, item 16
omit
playing cards;
[2.6] Schedule 1, Part 1, item 18
substitute
18
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery
[2.7] Schedule 1, Part 1, item 24
substitute
24
Textiles and textile goods, not included in other classes; bed covers; table covers
[2.8] Schedule 1, Part 1, items 29 to 32
substitute
29
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats
30
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice
31
Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals; malt
32
Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages
[2.9] Schedule 1, Part 2, item 41
omit
entertainment,
insert
entertainment;
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
