Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 201

Acting or holding out without being registered

Individuals

             (1)  An individual commits an offence if:

                     (a)  the individual carries on business, practises or acts as a patent attorney; and

                     (b)  the individual is not a registered patent attorney or a legal practitioner.

Penalty:  30 penalty units.

             (2)  An individual commits an offence if:

                     (a)  the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a patent attorney or agent for obtaining patents; and

                     (b)  the individual is not a registered patent attorney.

Penalty:  30 penalty units.

Partnerships

             (3)  A member of a partnership commits an offence if:

                     (a)  the member carries on business, practises or acts as a patent attorney; and

                     (b)  none of the members of the partnership is a registered patent attorney or a legal practitioner.

Penalty:  30 penalty units.

             (4)  A member of a partnership commits an offence if:

                     (a)  the member describes the partnership, or holds the partnership out, or permits the partnership to be described or held out, as a patent attorney, or agent for obtaining patents; and

                     (b)  none of the members of the partnership is a registered patent attorney.

Penalty:  30 penalty units.

Companies

             (5)  A company commits an offence if:

                     (a)  the company carries on business, practises or acts as a patent attorney; and

                     (b)  the company is not a registered patent attorney or incorporated legal practice.

Penalty:  150 penalty units.

             (6)  A company commits an offence if:

                     (a)  the company describes itself, or holds itself out, or permits itself to be described or held out, as a patent attorney, or agent for obtaining patents; and

                     (b)  the company is not a registered patent attorney.

Penalty:  150 penalty units.

Exception--legal representatives

             (7)  Subsections (1), (3) and (5) do not apply in relation to the business of a registered patent attorney who is deceased if the business:

                     (a)  is carried on, within 3 years of the death of the patent attorney, or such further time allowed by a prescribed court, by the legal representative of the deceased registered patent attorney; and

                     (b)  is managed by a registered patent attorney on behalf of the legal representative.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (7). See subsection 13.3(3) of the Criminal Code .

Exception--employees

             (8)  Subsections (1) and (2) do not apply in relation to anything done by a person, as an employee, for:

                     (a)  his or her employer; or

                     (b)  if the person's employer is a member of a related company group--another member of the group.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (8). See subsection 13.3(3) of the Criminal Code .

Exception--related company groups

             (9)  Subsections (5) and (6) do not apply in relation to anything done by a member of a related company group for another member of the group.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (9). See subsection 13.3(3) of the Criminal Code .

Whether a company is related to another company

           (10)  For the purposes of this section, the question of whether a company is related to another company is to be determined in the same manner as that question is determined under the Corporations Act 2001 .



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