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TRADE MARKS REGULATIONS 1995 - REG 22.8

Trade marks attorney examination requirements

             (1)  For a person who passed an examination, or was exempted from having to pass the examination, for at least 1 subject under Schedule 5 of the Patents Regulations 1991 as in force on 26 January 1999, the period of 5 years for paragraph 20.3A(1)(b) of the Patents Regulations 1991 is taken to commence on 27 January 1999.

             (2)  Subregulation (3) applies to a person who has passed an examination, or been exempted from having to pass the examination, for at least 1 subject mentioned in Schedule 5 as in force on 26 January 1999.

             (3)  A pass in an examination for a subject mentioned in column 1 of the following table is taken to be a pass for paragraph 20.1(1)(a) in a topic group mentioned in column 2 of the table:

 

Column 1

Subject

Column 2

Topic group

Legal Process

Group A--Legal process and overview of intellectual property

Patent Attorneys' Practice, Part 2

Group B--Professional conduct

Trade Marks law of Australia and the Practice of the Trade Marks Office

Group C--Trade mark law

Patent Attorneys' Practice, Part 1 and Patent Attorneys' Practice, Part 2

Group D--Trade mark practice

             (4)  For registration as a trade marks attorney, a person is taken to have passed an examination for Patent Attorney's Practice 1 and Patent Attorney's Practice 2 if the person:

                     (a)  before 27 January 1999, passed an examination for a subject that the Board considers is equivalent to topic groups A and C mentioned in Schedule 5 to the Patents Regulations 1991 ; and

                     (b)  applies for registration as a trade marks attorney before 27 January 2001; and

                     (c)  provides a declaration by an employer or the employer's representative that the person's principal field of practice for 2 continuous years has been in trade marks matters.



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