Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this Order, unless the contrary intention appears:
"Advance Australia Logo Protection Act" means the Advance Australia Logo Protection Act 1984 .
"Circuit Layouts Act" means the Circuit Layouts Act 1989 .
(a) in relation to proceedings under the Patents Act -- the person holding the office of Commissioner under that Act; and
(b) in relation to proceedings under the Designs Act -- the person holding the office of Registrar under that Act; and
(c) in relation to proceedings under the Trade Marks Act -- the person holding the office of Registrar under that Act; and
(d) in relation to proceedings under the Olympic Insignia Protection Act -- the person holding the office of Registrar under the Designs Act;
whether or not any two or more of those offices must be, or are for the time being, occupied by the same person.
"Copyright Act" means the Copyright Act 1968 .
"decision" includes a direction or determination made by the Commissioner.
"Designs Act" means the Designs Act 2003 .
"intellectual property case" means:
(a) a proceeding arising in respect of infringement of:
(i) the monopoly in the design of a logo provided for by the Advance Australia Logo Protection Act; or
(ii) a copyright subsisting under the Copyright Act; or
(iii) the monopoly in a design registered under the Designs Act; or
(iv) a patent granted under the Patents Act; or
(v) a trade mark registered under the Trade Marks Act; or
(vi) the monopoly in a protected design provided for by the Olympic Insignia Protection Act; or
(vii) EL rights subsisting under the Circuit Layouts Act; or
(viii) plant variety rights granted under the Plant Variety Rights Act; or
(b) an application, appeal or other proceeding under a subject Act, whether or not joined with any other claim or cause of action, unless the proceeding is one to which Order 54 or 54A applies.
"Olympic Insignia Protection Act" means the Olympic Insignia Protection Act 1987 .
"Patents Act" means the Patents Act 1990 .
"Plant Breeder's Rights Act" means the Plant Breeder's Rights Act 1994 .
"PBR" has the same meaning as in the Plant Breeder's Rights Act 1994 .
"subject Act" means the Advance Australia Logo Protection Act, the Circuit Layouts Act, the Copyright Act, the Designs Act, the Olympic Insignia Protection Act, the Patents Act, the Plant Variety Rights Act or the Trade Marks Act, as the case requires.
"Trade Marks Act" means the Trade Marks Act 1995 .
(2) In this Order, the words plaintiff and defendant in the Patents Act are taken to have the same meaning, respectively, as applicant and respondent .
(3) An expression used in this Order that is also used in a provision of a subject Act under which, or in relation to which, proceedings are taken has the same meaning in this Order as it has in that provision.