INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2006 (NO. 106, 2006) - SCHEDULE 16 Statute law revision amendments
INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2006 (NO. 106, 2006) - SCHEDULE 16
Statute law revision amendments
1 Schedule 1 (definition of Australian Register of Therapeutic Goods )
Omit "17", substitute "9A".
Note: This item corrects a cross‑reference consequentially on the Therapeutic Goods Amendment (Medical Devices) Act 2002 repealing section 17 of the Therapeutic Goods Act 1989 , which provided for the Australian Register of Therapeutic Goods, and inserting section 9A in that Act to provide for that register.
2 Subsection 84(2)
Repeal the subsection, substitute:
(2) Before cancelling the registration of the trade mark, the Registrar must notify in accordance with the regulations:
(a) any person recorded under Part 11 as claiming a right in respect of, or an interest in, the trade mark; and
(b) if:
(i) an application has been made to the Registrar for a record of the assignment or transmission of the trade mark to a person to be entered in the Register (see section 109); and
(ii) the assignment has not yet been recorded;
the person to whom the trade mark has been assigned or transmitted.
Note: The text of the new and repealed subsections is identical but the indentation differs to fix a formatting error in the repealed subsection. The different indentation clarifies that the words after subparagraph 84(2)(b)(ii) relate only to paragraph 84(2)(b) and not to the whole of subsection 84(2).
3 Paragraph 206(2)(b)
Omit "paragraph (1)(a) or (b)", substitute "subsection (1)".
Note: This item corrects a cross‑reference consequentially on the removal of paragraphs 206(1)(a) and (b) by item 943 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 .
[ Minister's second reading speech made in--
House of Representatives on 30 March 2006
Senate on 9 August 2006 ]
|
(27/06) |