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TRADE MARKS REGULATIONS 1995 - REG 22.9 Amendments made by the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)

TRADE MARKS REGULATIONS 1995 - REG 22.9

Amendments made by the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)

  (1)   The amendments of these Regulations made by the items of Part   2 of Schedule   3 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation   2013 (No.   1) apply as set out in the following table.

 

Transitional provisions

Item

Column 1

The amendments made by:

Column 2

apply in relation to:

1

all items of Part   2

the matters referred to in subitem   32(7) of Schedule   3 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

2

items   10 to 30

an opposition proceeding commenced by the filing of a notice of intention to oppose on or after 15   April 2013

However, if:

(a)   an application was advertised before 15   April 2013; and

(b)   a notice of intention to oppose is filed on or after 15   April 2013;

the reference in subregulations   5.6(1), 9.8(1), 17A.33(1) and 17A.48G(1) to 2 months is taken to be a reference to 3 months

Also, if:

(a)   an opposition proceeding was commenced before 15   April 2013; and

(b)   a document or evidence was not served in relation to the opposition proceeding before 15   April 2013; and

(c)   the document or evidence is required to be served on or after 15   April 2013;

then:

(d)   a requirement in Part   5, 6 or 9, Subdivision   3 of Division   3 of Part   17A, Subdivision   3 or Subdivision   4 of Division   5 of Part   17A, as in force immediately before 15   April 2013, for a party to serve a document or evidence on a person is taken to be a requirement to file the document or evidence; and

(e)   a reference to a document or evidence having been served is taken to be a reference to the document or evidence having been filed; and

(f)   the Registrar must give a copy of the document or evidence to the person; and

(g)   if:

(i)   under Part   5, 6 or 9, Subdivision   3 of Division   3 of Part   17A, Subdivision   3 or Subdivision   4 of Division   5 of Part   17A, as in force immediately before 15   April 2013, a period for the person to do an action was calculated from the date that a party served the document or evidence; and

(ii)   the Registrar does not give the document or evidence to the person on the filing date;

  the Registrar must extend the period for the person to do the action by a number of days equal to the number of days between when the document or evidence was filed and when the Registrar gave the document or evidence to the person

3

item   11 (new regulation   5.3), item   14 (new regulation   9.3), item   16 (new regulation   17A.30) and item   17 (new regulation   17A.48A)

an opposition proceeding commenced before 15   April 2013

4

item   11 (new regulation   5.17), item   13 (new regulation   6.9), item   14 (new regulation   9.20), item   16 (new regulation   17A.34M), item   17 (new regulation   17A.48V) and item   18 (new regulation   21.20E)

an opposition proceeding commenced before 15   April 2013 in which the Registrar has not set a hearing date, or issued a notice of hearing to the parties, before 15   April 2013

However:

(a)   a reference in regulation   5.17 to paragraph   5.8(3)(b) or subregulation   5.8(4) is taken not to apply; and

(b)   a reference in regulation   5.17 to regulation   5.14 is taken to be a reference to regulations   5.7 to 5.13 as in force immediately before 15   April 2013; and

(c)   a reference in paragraph   6.9(1)(a) to a party requesting a hearing is taken to include the conditions set out in subregulations   5.14(1) and (2) as in force immediately before 15   April 2013; and

(d)   a reference in regulation   9.20 to regulation   9.10 is taken not to apply; and

(e)   a reference in regulation   9.20 to regulation   9.16 is taken to be a reference to regulation   9.4 as in force immediately before 15   April 2013; and

(f)   a reference in regulation   17A.34M to regulation   17A.34B or 17A.34H is taken not to apply; and

(g)   a reference in regulation   17A.34M to regulation   17A.34J is taken to be a reference to regulation   17A.33 as in force immediately before 15   April 2013; and

(h)   a reference in regulation   17A.34M to regulation   17A.34N is taken to be a reference to regulation   17A.34 as in force immediately before 15   April 2013; and

(i)   a reference in regulation   17A.48V to regulation   17A.48K is taken not to apply; and

(j)   a reference in regulation   17A.48V to regulation   17A.48R is taken to be a reference to subregulation   17A.48(5) as in force immediately before 15   April 2013; and

(k)   a reference in paragraph   21.20E(1)(a) to a party requesting a hearing is to include the conditions set out in subregulations   5.14(1) and (2) as in force immediately before 15   April 2013; and

(l)   regulation   5.14, as in force immediately before 15   April 2013, is taken not to apply

5

item   11 (new regulation   5.15), item   14 (new regulation   9.18), item   16 (new regulation   17A.34K), item   17 (new regulation   17A.48T) and item   24 (Schedule   9, new item   6)

an opposition proceeding commenced before 15   April 2013 in which an extension of time is requested for a period that commences on or after 15   April 2013

However:

(a)   a reference in subregulation   5.15(1) to regulation   5.14 is taken to be a reference to regulations   5.7 to 5.13 as in force immediately before 15   April 2013; and

(b)   a reference in subregulation   9.18(1) to regulation   9.16 is taken to be a reference to regulation   9.4 as in force immediately before 15   April 2013; and

(c)   a reference in subregulation   17A.34K(1) to regulation   17A.34J is taken to be a reference to regulation   17A.33 as in force immediately before 15   April 2013; and

(d)   a reference in subregulation   17A.48T(1) to regulation   17A.48R is taken to be a reference to subregulation   17A.48(5) as in force immediately before 15   April 2013; and

(e)   paragraph   5.15(1)(a) and subparagraph   5.15(3)(c)(i), as in force immediately before 15   April 2013, are taken not to apply

  (2)   The amendment of these Regulations made by item   41 of Schedule   4 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation   2013 (No.   1) applies in relation to a charge that:

  (a)   is laid against a registered trade mark attorney on or after 15   April 2013; and

  (b)   alleges the commission of a serious offence.

  (3)   The amendments of these Regulations made by item   95 of Schedule   6 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation   2013 (No.   1) apply in relation to a hearing for which the Registrar issues a hearing notice, or an invitation to be heard, on or after 15   April 2013.