(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: |
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 | |
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 | |
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 | |
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.