OPC60965 - B  
 
Intellectual Property Laws Amendment 
(Productivity Commission Response Part  1 and 
Other Measures) Regulation s 2018 
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor -General  of the 
Commonwealth of Australia, acting with the advice of the Federal Executive Council, 
make the following regulation s. 
Dated 11 October 2018  
Peter Cosgrove  
Governor -General  
By His Excellency’s Command  
Karen Andrews  
Minister for Industry, Science and Technology  
   
   
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  i 
OPC60965 - B Contents  
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  2 
4 Schedules  ................................ ................................ ................................ ....................  2 
Schedule  1—Responses to the Productivity Commission  3 
Part 1—PBR in essentially derived varieties  3 
Plant Breeder’s Rights Regulations  1994  3 
Part 2—Period to apply for removal of trade marks from Register for 
non-use 6 
Trade Marks Regulations  1995  6 
Part 3—Notification of extension of standard patents relating to 
pharmaceutical substances  7 
Patents Regulations  1991  7 
Schedule  2—Other measures  8 
Part 1—Extensions of time  8 
Trade Marks Regulations  1995  8 
Part 2—Written requirements  12 
Designs Regulations  2004  12 
Patents Regulations  1991  13 
Plant Breeder’s Rights Regulations  1994  15 
Trade Marks Regulations  1995  15 
Part 3—Filing requirements  19 
Designs Regulations  2004  19 
Patents Regulations  1991  20 
Plant Breeder’s Rights Regulations  1994  22 
Trade Marks Regulations  1995  22 
Part 4—Protection resulting from the international registration o f a trade 
mark  25 
Trade Marks Regulations  1995  25 
Part 5—Signatures  28 
Patents Regulations  1991  28 
Part 6—Addresses and service of documents  29 
Designs Regulations  2004  29 
Patents Regulations  1991  29 
Trade Marks Regulations  1995  29 
Part 7—Requirements for patent documents  30 
Patents Regulations  1991  30 
Part 8—Acceptance of trade mark applications  33  
 
ii Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Trade Marks Regulations  1995  33 
Part 9—Copies of design representations  34 
Designs Regulations  2004  34 
Part 10—Amendments of registered trade mark due to inconsistency with 
international agreements  35 
Trade Marks Regulations  1995  35 
Part 11—Secretary’s role in the Plant Breeder’s Rights Regulations  37 
Plant Breeder’s Rights Regulations  1994  37 
Part 12—Other amendments  38 
Trade Marks Regulations  1995  38 
Part 13—Application, transitional and saving provisions  39 
Designs Regulations  2004  39 
Patents Regulations  1991  40 
Plant Breeder’s Rights Regulations  1994  43 
Trade Marks Regulations  1995  44 
    
   
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  1 
OPC60965 - B 1  Name  
  This instrument is the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018. 
2  Commencement  
 (1) Each provision of this instrument specified in column 1 of the table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in column 2 has effect according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  Sections  1 to 4 and 
anything in this 
instrument not 
elsewhere covered by 
this table  The day after this instrument is registered.  17 October 2018  
2.  Schedule  1, Part  1 At the same time as Part  2 of Schedule  1 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures)  
Act 201 8 commences.  24 February 2019  
3.  Schedule  1, Part  2 At the same time as Part  3 of Schedule  1 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
4.  Schedule  1, Part  3 The day after this instrument is registered.  17 October 2018  
5.  Schedule  2, Part  1 At the same time as the provisions covered by table 
item 2. 24 February 2019  
6.  Schedule  2, Part  2 At the same time as Part  2 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
7.  Schedule  2, Part 3 At the same time as Part  3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
8.  Schedule  2, 
Parts  4 and 5  The day after this instrument is registered.  17 October 2018  
9.  Schedule  2, Part  6 At the same time as Part  6 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
10.  Schedule  2, 
Part 7 At the same time as Part  7 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
11.  Schedule  2, 
Parts  8 and 9  The day after this instrument is registered.  17 October 2018     
   
 
 
2 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
12.  Schedule  2, 
Part 10 At the same time as Part  10 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
13.  Schedule  2, 
Part 11 At the same time as Part  14 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) 
Act 201 8 commences.  24 February 2019  
14.  Schedule  2, 
Parts  12 and 13  The day after this instrument is registered.  17 October 2018  
Note:  This table relates only to the provisions of this instrument as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of  this instrument. 
Information may be inserted in this column, or information in it may be edited, in 
any published version of this instrument.  
3  Authority  
  This instrument is made under the following:  
 (a) the Designs Act 2003 ; 
 (b) the Patents Act 1990 ; 
 (c) the Plant Breeder’s Rights Act 1994 ; 
 (d) the Trade Marks Act 1995 . 
4  Schedules  
  Each instrument that is specified in a Schedule to this instrument  is amended or 
repealed as set out in the applicable items in the Schedule concerned, and any 
other i tem in a Schedule to this instrument  has effect according to its terms.  Responses to the Productivity Commission   Schedule 1  
PBR in essentially derived varieties   Part 1  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  3 
OPC60965 - B Schedule  1—Responses to the Productivity 
Commission  
Part 1—PBR in essentially derived varieties  
Plant Breeder ’s Rights Regulations  1994  
1  After regulation  3A 
Insert:  
3BA  Essential derivation for non -PBR protected varieties —publication of 
notification of application in Journal  
  For the purposes of subsection  41B( 1) of the Act, a notification in the Plant 
Varieties Journal  of an application under section  41A of the Act for a declaration 
of essential derivation must include the following information about the 
applicant and the application:  
 (a) a description of the initial variety and the second variety;  
 (b) details , as stated in the application,  of: 
 (i) the eligible pers on (within the meaning of section  41A of the Act)  
making the application; and  
 (ii) any person (or persons) the applicant reasonably believes to be the 
breeder of the second variety ; 
 (c) any other information about those plant varieties, or the applicatio n, that 
the Registrar considers appropriate to publish, other than information that 
the Registrar is satisfied is commercial -in-confidence;  
 (d) details of the opportunity for a person (an interested person ) claiming to be 
the breeder of the second variety , or to have another interest in the second 
variety, to be heard in relation to the application under section  41C of the 
Act, including the requirement under subsection  41C(2) of the Act to give 
the Registrar an address for service;  
 (e) a statement to the  effect that the Registrar may draw an inference in 
deciding the application that is unfavourable to an interested person’s 
interest if:  
 (i) the interested person does not provide an address for service , within 
the hearing period,  under  subsection  41C(2) of the Act; or  
 (ii) the interested person declines the opportunity to be heard under 
subsection  41C( 6) of the Act.  
3BB  Essential derivation for non -PBR protected varieties —opportunity to be 
heard  
Scope  
 (1) This regulation is made for the purposes of subsection  41C( 4) of the Act.  Schedule 1   Responses to the Productivity Commission  
Part 1   PBR in essentially derived varieties  
 
 
4 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B When information is given in accordance with an opportunity to be heard  
 (2) Information is given by an interested person in accordance with the person’s 
opportunity to be heard in relation to an application under section  41A of the Act 
for a declaration of essential derivation if:  
 (a) the person gives the information:  
 (i) in a written submission made in accordance with a request of the 
Registrar under paragraph  (3)(a); or  
 (ii) in the course of a hearing convened by the Regi strar under 
subregulation  (4); and  
 (b) the person pays the fee (if any) prescribed under subsection  80(2) of the 
Act in relation to the opportunity to be heard; and  
 (c) the person complies with any other requirements under this regulation.  
Notification to give written submissions or to appear at a hearing  
 (3) The Registrar must, unless the interested person declines the opportunity to be 
heard by giving notice to the Registrar under paragraph  41C( 6)(a) of the  
Act, give a notification to the interested person including any or all of the 
following:  
 (a) a request to the interested person to give written submissions in relation to 
the application to the Registrar within a period, stated in the notification, of 
no less than 10 business days after the notifi cation is given;  
 (b) a statement that, on request to the Registrar, a hearing may be convened in 
relation to the application, beginning at a place, at a time and on a date 
determined by the Registrar by a further notification (a hearing notice ) to 
the per son no less than 10 business days after the hearing notice is given;  
 (c) a statement (a hearing notice ) that a hearing will be convened by the 
Registrar in relation to the application beginning at a notified time and 
place, and on a notified date no less than 10 business days after the 
notification is given.  
Note:  A hearing notice mentioned in paragraph  (b) or (c) may include requirements for the 
interested person in relation to the hearing (see paragraph  (5)(d) and subregulation  (6)). 
Hearings  
 (4) The Re gistrar may convene a hearing in relation to the application as mentioned 
in paragraph  (3)(b) or (c).  
 (5) For the purposes of the hearing:  
 (a) the interested person may appear in person, or participate by telephone or 
another means of telecommunication r easonably allowed by the Registrar; 
and 
 (b) the Registrar may adjourn the hearing from time to time or from place to 
place by notice to each interested person taking part; and  
 (c) the interested person must, if directed by the Registrar in a hearing noti ce, 
provide a written summary of submissions to be made at the hearing; and  
 (d) the interested person must, if required by a hearing notice, take reasonable 
steps to do any of the following before or at the hearing:  
 (i) perform an act;  
 (ii) file a docum ent; Responses to the Productivity Commission   Schedule 1  
PBR in essentially derived varieties   Part 1  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  5 
OPC60965 - B  (iii) produce evidence; and  
 (e) the interested person must comply with any reasonable directions of the 
Registrar in relation to practice and procedure during the hearing.  
 (6) The Registrar may include a requirement for the purposes of paragraph  (5)(d) in 
a hearing notice only if the Registrar reasonably believes it is necessary for the 
proper conduct of the hearing.  
2  Clause  1 of Schedule  1 (table item  9) 
Omit  “subsection  40(1)”, substitute  “section  40 or 41A ”. Schedule 1   Responses to the Productivity Commission  
Part 2   Period to apply for removal of trade marks from Register for non -use 
 
 
6 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 2—Period to apply for removal o f trade marks from 
Register for non -use 
Trade Marks Regulations  1995  
3  Paragraph 17A.48D(2)(g)  
After “in respect of”, insert “the application for”.  
4  Subparagraph 17A.48D(2)(g)(ii)  
Omit “Article 3ter 2(2)”, substitute “Article 3ter (2)”. 
5  At the end of subregulation  17A.48D(2)  
Add:  
 ; and (h)  to the date the particulars of the trade mark were entered into the Register 
under section  69 is taken to be a reference to the date the trade mark 
became a protected international trade mark under r egulation  17A.36.  Responses to the Productivity Commission   Schedule 1  
Notification of extension of standard patents relating to pharmaceutical substances   Part 3  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  7 
OPC60965 - B Part 3—Notification of extension of standard patents relating 
to pharmaceutical substances  
Patents Regulations  1991  
6  Regulation  22.10AC  
Repeal the regulation, substitute:  
22.10AC   Prescribed acts  
  For the purposes of subsection  222A(7)  of the Act, the following are prescribed:  
 (a) an act done in relation to proceedings in a court or a tribunal;  
 (b) an act done under Chapter  20. Schedule 2   Other measures  
Part 1   Extens ions of time  
 
 
8 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Schedule  2—Other measures  
Part 1—Extensions of time  
Trade Marks Regulations  1995  
1  At the end of Subdivision B of Division  2 of Part  5 
Add:  
5.13A   Extension of time for filing —application  
 (1) A person may apply to the Registrar to extend the period for filing, under 
subsection  52A(1) of the Act, a notice of intention to defend.  
 (2) The application must be made before the end of the period of 2 months 
beginning on the day after the end of the period mentioned in 
subregulation  5.13(1).  
 (3) The application must:  
 (a) be in  the approved form; and  
 (b) be accompanied by a declaration sta ting the facts and circumstances 
forming the basis for the grounds for making the application.  
Note:  Regulations  21.6 and 21.7 deal with making and filing declarations.  
 (4) The application may be made only on either or both of the following grounds:  
 (a) an error or omission by the person, the person’s agent, the Registrar or an 
employee;  
 (b) circumstances beyond the control of the person, other than an error or 
omission by the person, the person’s agent, the Registrar or an employee.  
5.13B   Extension of time for filing —grant  
 (1) The Registrar may grant an application under subregulation  5.13A(1) for an 
extension of time only if the Registrar is satisfied that the grounds set out in the 
application justify the extension.  
 (2) However, if the application i s made after the period mentioned in 
subregulation  5.13(1) has ended, the Registrar must not grant the extension 
unless the Registrar is satisfied that there is sufficient reason for the delay in 
making the application.  
 (3) The Registrar must decide the l ength of the extended period having regard to 
what is reasonable in the circumstances.  
2  Subregulation  9.15(3)  
After “subregulation  (1)”, insert “or that period as extended”.  
3  At the end of Subdivision B of Division  3 of Part  9 
Add:  Other measures   Schedule 2  
Extensions of time   Part 1  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  9 
OPC60965 - B 9.15A   Extension of time for filing —application  
 (1) A person may apply to the Registrar to extend the period for filing a notice of 
intention to defend.  
 (2) The application must be made before the end of the period of 2 months 
beginning on the day after the end of the perio d mentioned in 
subregulation  9.15(1).  
 (3) The application must:  
 (a) be in  the approved form; and  
 (b) be accompanied by a declaration stating the facts and circumstances 
forming the basis for the grounds for making the application.  
Note:  Regulations  21.6 and 21.7 deal with making and filing declarations.  
 (4) The application may be made only on either or both of the following grounds:  
 (a) an error or omission by the person, the person’s agent, the Registrar or an 
employee;  
 (b) circumstances beyond the control of the person, other than an error or 
omission by the person, the person’s agent, the Registrar or an employee.  
9.15B   Extension of time for filing —grant  
 (1) The Registrar may grant an application under subregulation  9.15A(1) for an 
extension of t ime only if the Registrar is satisfied that the grounds set out in the 
application justify the extension.  
 (2) However, if the application is made after the period mentioned in 
subregulation  9.15(1) has ended, the Registrar must not grant the extension 
unless the Registrar is satisfied that there is sufficient reason for the delay in 
making the application.  
 (3) The Registrar must decide the length of the extended period having regard to 
what is reasonable in the circumstances.  
4  Subregulation  17A.34H(4)  
After “subregulation  (1)”, insert “or that period as extended”.  
5  After regulation  17A.34H  
Insert:  
17A.34HA   Extension of time for filing —application  
 (1) A person may apply to the Registrar to extend the period for filing a notice of 
intention to defend.  
 (2) The application must be made before the end of the period of 2 months 
beginning on the day after the end of the period mentioned in 
subregulation  17A.34H(1).  
 (3) The application must:  
 (a) be in  the approved form; and  Schedule 2   Other measures  
Part 1   Extensions of time  
 
 
10 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B  (b) be accompanied by a declara tion stating the facts and circumstances 
forming the basis for the grounds for making the application.  
Note:  Regulations  21.6 and 21.7 deal with making and filing declarations.  
 (4) The application may be made only on either or both of the following ground s: 
 (a) an error or omission by the person, the person’s agent, the Registrar or an 
employee;  
 (b) circumstances beyond the control of the person, other than an error or 
omission by the person, the person’s agent, the Registrar or an employee.  
17A.34HB   Extension of time for filing —grant  
 (1) The Registrar may grant an application under subregulation  17A.34HA(1) for an 
extension of time only if the Registrar is satisfied that the grounds set out in the 
application justify the extension.  
 (2) However, if the  application is made after the period mentioned in 
subregulation  17A.34H(1) has ended, the Registrar must not grant the extension 
unless the Registrar is satisfied that there is sufficient reason for the delay in 
making the application.  
 (3) The Registrar must decide the length of the extended period having regard to 
what is reasonable in the circumstances.  
6  Subregulation  17A.48Q(3)  
After “subregulation  (1)”, insert “or that period as extended”.  
7  After regulation  17A.48Q  
Insert:  
17A.48QA   Extension of time for filing —application  
 (1) A person may apply to the Registrar to extend the period for filing a notice of 
intention to defend.  
 (2) The application must be made before the end of the period of 2 months 
beginning on the day after the e nd of the period mentioned in 
subregulation  17A.48Q(1).  
 (3) The application must:  
 (a) be in  the approved form; and  
 (b) be accompanied by a declaration stating the facts and circumstances 
forming the basis for the grounds for making the application.  
Note : Regulations  21.6 and 21.7 deal with making and filing declarations.  
 (4) The application may be made only on either or both of the following grounds:  
 (a) an error or omission by the person, the person’s agent, the Registrar or an 
employee;  
 (b) circumst ances beyond the control of the person, other than an error or 
omission by the person, the person’s agent, the Registrar or an employee.  Othe r measures   Schedule 2  
Extensions of time   Part 1  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  11 
OPC60965 - B 17A.48QB   Extension of time for filing —grant  
 (1) The Registrar may grant an application under subregulation  17A.48QA(1 ) for an 
extension of time only if the Registrar is satisfied that the grounds set out in the 
application justify the extension.  
 (2) However, if the application is made after the period mentioned in 
subregulation  17A.48Q(1) has ended, the Registrar must n ot grant the extension 
unless the Registrar is satisfied that there is sufficient reason for the delay in 
making the application.  
 (3) The Registrar must decide the length of the extended period having regard to 
what is reasonable in the circumstances.  
8  Paragraph 21.28(1)(f)  
Omit “17A.48P”, substitute “17A.48R”.  
9  After paragraph  21.28(2)(a)  
Insert:  
 (aa) a notice of intention to defend under subsection  52A(1) of the Act;  
10  After paragraph  21.28(2)(b)  
Insert:  
 (ba) a notice of intention to defend under  subregulation  9.15(1), 17A.34H(1) or 
17A.48Q(1);  
11  Clause  1 of Schedule  9 (table item  6) 
After “5.9,”, insert “5.13A,”.  
12  Clause  1 of Schedule  9 (table item  6) 
After “9.11,”, insert “9.15A,”.  
13  Clause  1 of Schedule  9 (table item  6) 
After “17A.34C,”,  insert “17A.34HA,”.  
14  Clause  1 of Schedule  9 (table item  6) 
After “17A.48L”, insert “, 17A.48QA”.  Schedule 2   Other measures  
Part 2   Written requirements  
 
 
12 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 2—Written requirements  
Designs Regulations  2004  
15  Regulation  3.03 
Repeal the regulation.  
16  Paragraphs 3.14(2)(a) and (b)  
Omit “notice”, substitute  “notification”.  
17  Subregulation  4.04(2)  
Omit “notice”, substitute “notification”.  
18  Subregulation  4.05(3)  
Omit “notice”, substitute “notification”.  
19  Subregulation  5.03(2)  
Omit “give notice to”, substitute “notify”.  
20  Subregulation  5.03(3)  
Omit “n otice” (wherever occurring), substitute “notification”.  
21  Paragraph 5.03(6)(c)  
Omit “notice”, substitute “notification”.  
22  Subregulation  5.03(7)  
Omit “notice”, substitute “notification”.  
23  Subregulation  5.03(8)  
Omit “send a copy of the notice”, substitute “give a copy of the notification”.  
24  Subregulation  5.03(8)  
Omit “ further notice”, substitute “ further notification”.  
25  Paragraph 5.04(a)  
Omit “notice” (wherever occurring), substitute “notification”.  
26  Subparagraph 5.04(b)(ii)  
Omit “writte n notice”, substitute “a notification”.  
27  Subparagraphs  5.04(b)(iii) and (iv)  
Omit “notice”, substitute “notification”.  
28  Subregulation  9.03(1)  
Omit “notice”, substitute “notification”.  
29  Subregulation  9.05(3)  
Omit “give notice of”, substitute “notif y”. Other measures   Schedule 2  
Written requirements   Part 2  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  13 
OPC60965 - B 30  Subparagraph 10.02(2)(b)(ii)  
Omit “notice”, substitute “notification”.  
31  Paragraph 11.03(1)(b)  
Omit “notice”, substitute “notification”.  
32  Subregulation  11.23(2)  
Omit “give notice of”, substitute “notify”.  
33  Regulation  11.28  
Omit “give notice  to the person directing”, substitute “, by notification to the person, 
direct”.  
Patents Regulations  1991  
34  Paragraph 3.2A(6)(b)  
Omit “tell”, substitute “notify”.  
35  Paragraph 3.2B(7)(b)  
Omit “tell”, substitute “notify”.  
36  Paragraph 3.2C(6)(b)  
Omit “tell”, substitute “notify”.  
37  Paragraph 3.4(7)(b)  
Omit “ advise ”, substitute “notify”.  
38  Subregulation  3.5(4)  
Omit “give the applicant notice in writing”, substitute “ , by notification to the 
applicant”.  
39  Paragraph 3.5(4)(a)  
Omit “telling”, substitu te “tell”.  
40  Paragraph 3.5(4)(b)  
Omit “asking”, substitute “ask”.  
41  Subregulation s 3.5(5)  and (6)  
Omit “notice” (wherever occurring), substitute “notification”.  
42  Subregulation  3.5A(2)  
Omit “give the applicant notice in writing”, substitute “ , by notification to the 
applicant”.  
43  Paragraph 3.5A(2)(a)  
Omit “telling”, substitute “tell”.  Schedule 2   Other measures  
Part 2   Written requirements  
 
 
14 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 44  Paragraph 3.5A(2)(b)  
Omit “asking”, substitute “ask”.  
45  Paragraph 3.5A(4)(a)  
Omit “notice” (wherever occurring), substitute “notification”.  
46  Subregulation  3.5A(6)  
Omit “tell”, substitute “notify”.  
47  Subregulation  3.24(3)  
Omit “inform”, substitute “notify”.  
48  Subregulation  3.24(3)  
Omit “by notice in writing”.  
49  Paragraph 3.25(3)(a)  
Omit “give”, substitute “by notification to”.  
50  Paragraph 3.25(3)(a)  
Omit “a written notice inviting”, substitute “ , invite”.  
51  Paragraph 3.25(3)(a)  
Omit “in the notice”, substitute “in the notification”.  
52  Paragraph 3.25(3)(b)  
Omit “notice”, substitute “notification”.  
53  Subregulation  3.25H(1)  
Omit “inform”, substitut e “notify”.  
54  Subregulation  3.25H(1)  
Omit “by notice in writing given”.  
55  Regulation  9.1 
Omit “tell”, substitute “notify”.  
56  Subregulations  9A.1(2) and (3)  
Omit “tell”, substitute “notify”.  
57  Sub-subparagraphs  9A.4(f)(i)(A) and (B)  
Omit “in writing ”. 
58  Sub-subparagraphs  13.4(1)(g)(i)(A) and (B)  
Omit “in writing”.  Other measures   Schedule 2  
Written requirements   Part 2  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  15 
OPC60965 - B Plant Breeder ’s Rights Regulations  1994  
59  Subregulation  3A(3)  
Omit “give the operator of the establishment written notice of”, substitute “notify the 
operator of the establishment of”.  
60  Subregulation  5(4) 
Omit “give each person to whom subregulation  (1) or (2) applies written notice of”, 
substitute “notify each person to whom subregulation  (1) or (2) applies of”.  
Trade Marks Regulations  1995  
61  Subregulation  4.2(2)  
Omit “give to the applicant written notice”, substitute “notify the applicant”.  
62  Subregulation  4.2(3)  
Omit “notice”, substitute “notification”.  
63  Subregulation  4.3(4)  
Omit “notice in writing”, substitute “notification to the applicant”.  
64  Subregulation  4.3(8)  
After “Registrar may”, insert “, by notification to the applicant,”.  
65  Subregulation  4.8(1)  
Omit “in writing”, substitute “by notification”.  
66  Subregulation  4.8(2)  
Omit “notice”, substitute “notification”.  
67  Subregulation  4.10(2)  
Omit “in writing”, substit ute “by notification”.  
68  Subregulation  4.10(3)  
Omit “notice”, substitute “notification”.  
69  Subregulations  4.11(1) and (2)  
Omit “require in writing the applicant”, substitute “notify the applicant that the 
applicant is required”.  
70  Subregulation  4.13( 4) 
Omit “in writing”.  
71  Paragraph 4.14(1)(b)  
Omit “notice”, substitute “notification”.  
72  Subregulation  4.14(5)  
Omit “in writing”.  Schedule 2   Other measures  
Part 2   Written requirements  
 
 
16 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 73  Subregulation  4.18(2)  
Omit “written notice”, substitute “notification”.  
74  Subregulation  6.1(1)  
Omit “give notice in writing”, substitute “by notification”.  
75  Paragraph 6.1(1)(a)  
Omit “setting”, substitute “set”.  
76  Paragraph 6.1(1)(b)  
Omit “stating”, substitute “state”.  
77  Paragraph 6.1(1)(b)  
Omit “notice”, substitute “notification”.  
78  Regulation  6.4 
Omit “notice in writing”, substitute “notification”.  
79  Regulation  7.5 (heading)  
Repeal the heading, substitute:  
7.5  Notification of renewal  
80  Regulation  7.5 
Omit “notice”, substitute “notification”.  
81  Regulation  7.7 (heading)  
Repeal the heading, substitute:  
7.7  Notification about renewal  
82  Regulation  7.7 
Omit “notice”, substitute “notification”.  
83  Regulation  7.8 (heading)  
Repeal the heading, substitute:  
7.8  Notification of renewal  
84  Regulation  7.8 
Omit “notice”, substitute “notification”.  
85  Subregulatio n 8.1(2)  
Omit “notice” (wherever occurring), substitute “notification”.  
86  Regulation  8.1A  
Repeal the regulation.  Other measures   Schedule 2  
Written requirements   Part 2  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  17 
OPC60965 - B 87  Paragraph 10.4(3)(c)  
Omit “date of the notice”, substitute “date of the notification”.  
88  Paragraph 10.4(4)(b)  
Omit “notice”, substitute  “notification”.  
89  Regulation  10.5 (heading)  
Repeal the heading, substitute:  
10.5  Notification to persons recorded as claiming right or interest in trade 
marks  
90  Subregulation  10.5(1)  
Omit “give notice in writing to”, substitute “notify”.  
91  Subregul ation  10.5(1)  
Omit “stating”.  
92  Subregulation  10.5(1)  
Omit “date of the notice”, substitute “date of the notification”.  
93  Paragraph 10.5(1)(c)  
Omit “give notice”, substitute “notify”.  
94  Subregulation  10.5(2)  
Omit “notice”, substitute “notification”.  
95  Subregulation  11.3(4)  
Omit “in writing”.  
96  Paragraph 11.3(4)(b)  
Omit “notice”, substitute “notification”.  
97  Subregulation  17A.18(2)  
Omit “tell the holder, in writing, of that belief”, substitute “report that belief by 
notification to the holder”.  
98  Subregulations  17A.19(1) and (2)  
Omit “, by writing, require the holder”, substitute “notify the holder that the holder is 
required”.  
99  Subregulation  17A.21(4)  
Omit “inform the holder in writing”, substitute “notify the holder”.  
100  Paragraph 17A.22(1)(b)  
Omit “notice”, substitute “notification”.  Schedule 2   Other measures  
Part 2   Written requirements  
 
 
18 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 101  Subregulation  17A.22(5)  
Omit “inform the holder in writing”, substitute “notify the holder”.  
102  Paragraph 17A.25(2)(b)  
Omit “, in writing,”.  
103  Paragraph 17A.59(1)(b)  
Omit “give no tice in writing to the person stating”, substitute “notify the person”.  
104  Paragraph 17A.59(1)(b)  
Omit “date of the notice”, substitute “date of the notification”.  
105  Subregulation  21.9(3)  
Omit “require in writing that person”, substitute “notify the p erson that the person is 
required”.  
106  Regulation  21.10  
Repeal the regulation, substitute:  
21.10   Notification of withdrawal of application etc.  
  If an application, notice or request is withdrawn in accordance with 
regulation  21.9, the Registrar must advertise the withdrawal  in the Official 
Journal . 
107  Subregulation  21.16(2)  
Omit “notice”, substitute “notification”.  
108  Subregulation  21.16(2)  
Omit “, to the person,”, substitute “to the person”.  
109  Regulation  21.33  
Omit “give notice in writing to the  person requiring”, substitute “by notification to the 
person require”.  
110  Regulation  21.33  
Omit “specified in the notice”, substitute “specified in the notification”.  Other measures   Schedule 2  
Filing requirements   Part 3  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  19 
OPC60965 - B Part 3—Filing requirements  
Designs Regulations  2004  
111  Subregulation  1.04(1) (definition of approved means ) 
Repeal the definition.  
112  Paragraph 5.08(b)  
Omit “form; and”, substitute “form.”.  
113  Paragraph 5.08(c)  
Repeal the paragraph.  
114  Subregulation  11.01(6)  
Repeal the subregulation , substitute:  
Publication  
 (6) For t he purposes of subsection  130A(3) of the Act, the Registrar must publish the 
notice in the Official Journal.  
115  Regulation  11.01A  
Repeal the regulation.  
116  After regulation  11.18  
Insert:  
11.18A   Publication s relating to  filing of documents  or evidence  
  For the purposes of subsection s 144A(3) , 144B(3) and 144C(5)  of the Act, the 
Registrar must publish the notice in the Official Journal.  
117  Regulation  11.25 (heading)  
Repeal the heading, substitute:  
11.25   Giving of oral evidence  
118  Subregulation  11.25(1) 
Repeal the subregulation.  
119  Subregulation  11.25(2)  
Omit “(2)”.  
120  At the end of subregulation  11.27(2)  
Add “and must be in the form (if any) specified in a direction under section  144B of 
the Act”.  Schedule 2   Other measures  
Part 3   Filing requirements  
 
 
20 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 121  Subregulation  11.27(3)  
Omit “substantially comply with Schedule  2”, substitute “comply with 
subregulation  (2)”. 
122  After regulation  11.27  
Insert:  
11.27A   Consequences for evidence not meeting filing requirements  
 (1) If, in relation to evidence received at the Designs Office, a person does not 
comply with a direction under section  144C of the Act, the Registrar may treat 
the evidence:  
 (a) as not having been filed and notify the person, including in the notification 
a statement indicating how the direction has not been complied with; or  
 (b) as ha ving been filed, but direct the person to do such things as are 
necessary to ensure that the direction is complied with.  
 (2) If the Registrar gives a direction under paragraph  (1)(b) and the person does not 
comply with the direction within the period spec ified in the direction, the 
Registrar may treat the evidence as not having been filed.  
123  Clause  1 of Schedule  4 (table items  1, 2 and 5)  
Omit “approved means”, substitute “preferred means”.  
Patents Regulations  1991  
124  Subregulation  1.3(1) (definition of approved means ) 
Repeal the definition.  
125  Regulation  5.3 
Repeal the regulation.  
126  Regulation  22.1 (heading)  
Repeal the heading, substitute:  
22.1  Complete applications treated as provisional applications  
127  Subregulation  22.1(1)  
Repeal the subregulation.  
128  Subregulation  22.1(2)  
Omit “(2)”.  
129  Regulation  22.2AA  
Repeal the regulation.  
130  Regulation  22.12 (heading)  
Repeal the heading, substitute:  Other measures   Schedule 2  
Filing re quirements   Part 3  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  21 
OPC60965 - B 22.12   Giving of oral evidence  
131  Subregulation  22.12(1)  
Repeal the subregulation.  
132  Subregulation  22.12(2)  
Omit “(2)”.  
133  Regulation  22.15 (heading)  
Repeal the heading, substitute:  
22.15   Requirements for filing documents  
134  Paragraphs 22.15(3)(a) and (b)  
Repeal the paragraphs, substitute:  
 (a) the document must be in English and be  in the form (if any) specified in a 
direction under section  214B of the Act; or  
 (b) the following apply:  
 (i) the document (the original document ) must be filed with a document 
(the translated document ) that is a translation of the original 
document into  English  and with a related certificate of verification ; 
 (ii) the translated document must be in the form (if any) specified in a 
direction under section  214B of the Act.  
135  Regulation  22.16 (heading)  
Repeal the heading, substitute:  
22.16   Consequences for certain documents not meeting filing requirements  
136  Subregulation  22.16(5)  
Repeal the subregulation.  
137  After regulation  22.16  
Insert:  
22.16A   Consequences for evidence not meeting filing requirements  
 (1) If, in relation to evidence received at the Patent Office, a person does not comply 
with a direction under section  214C of the Act, the Commissioner may treat the 
evidence:  
 (a) as not having been filed and notify the person, including in the notification 
a statement indicating how the direction  has not been complied with; or  
 (b) as having been filed, but direct the person to do such things as are 
necessary to ensure that the direction is complied with.  
 (2) If the Commissioner gives a direction under paragraph  (1)(b) and the person does 
not com ply with the direction within 2 months of the day it was given, the 
Commissioner must treat the evidence as not having been filed.  Schedule 2   Other measures  
Part 3   Filing requirements  
 
 
22 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 138  Clause  2 of Schedule  7 (table items  201, 202, 203, 211, 212 and 
214A)  
Omit “approved means” (wherever occurring), substi tute “preferred means”.  
Plant Breeder ’s Rights Regulations  1994  
139  Subr egulation  3(1) (definition of approved means ) 
Repeal the definition.  
140  Regulation  4A 
Repeal the regulation.  
141  Clause  1 of Schedule  1 (table item s 4 and 15 ) 
Omit “approved means”, substitute “preferred means”.  
Trade Marks Regulations  1995  
142  Regulation  2.1 (definition of approved means ) 
Repeal the definition.  
143  Regulations  5.3, 9.3, 17A.30 and 17A.48A  
Repeal the regulations.  
144  Regulation  21.2 
Repeal the regulation, s ubstitute:  
21.2  Requirements for filing documents  
 (1) A document that is required to be in an approved form and that is filed must be in 
English and be legible.  
 (2) If any other document is filed:  
 (a) the document must be in English, be in the form (if  any) specified in a 
direction under section  213B of the Act and be legible; or  
 (b) the following apply:  
 (i) the document (the original document ) must be filed with a document 
(the translated document ) that is a translation of the original 
document into English;  
 (ii) the original document must be filed with a certificate of verification;  
 (iii) the translated document must be in the form (if any) specified in a 
direction under section  213B of the Act and be legible.  
 (3) Subregulation (2) does not apply in relation to an application mentioned in 
paragraph  4.11(1)(a), 5.18(2)(a) or 17A.19(1)(a).  
Note:  Regulations  4.11, 5.18 and 17A.19 have specific rules about applications filed in trade 
marks offices (however described) of Convention countries.  
145  Regul ation  21.4 
Repeal the regulation, substitute:  Other measures   Schedule 2  
Filing requirements   Part 3  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  23 
OPC60965 - B 21.4  Consequences for documents not meeting filing requirements  
 (1) If a document received for filing at the Trade Marks Office does not comply with 
the Act or the regulations, or is not in accordance with wh ichever approved form 
is applicable, the Registrar may treat the document:  
 (a) as not having been filed and notify the person, including in the notification 
a statement indicating how the document does not comply with the Act or 
the regulations or is not in accordance with the approved form; or  
 (b) as having been filed, but direct the person to do such things as are 
necessary to ensure that the document does comply with the Act or the 
regulations or is in accordance with the approved form.  
Note:  Regulatio ns 4.2 and 4.2A set out requirements with which applications for the 
registration of trade marks must comply to be taken as having been filed.  
 (2) If the Registrar gives a direction under paragraph  (1)(b) and the person does not 
comply with the direction within the period specified in the direction, the 
Registrar may treat the document as not having been filed.  
146  Subregulation  21.5(2)  
Omit “or by facsimile transmission”.  
147  After regulation  21.5 
Insert:  
21.5A   Consequences for evidence not meeting filing requirements  
 (1) If, in relation to evidence received at the Trade Marks Office, a person does not 
comply with a direction under section  213C of the Act, the Registrar may treat 
the evidence:  
 (a) as not havi ng been filed and notify the person, including in the notification 
a statement indicating how the direction has not been complied with; or  
 (b) as having been filed, but direct the person to do such things as are 
necessary to ensure that the direction is c omplied with.  
 (2) If the Registrar gives a direction under paragraph  (1)(b) and the person does not 
comply with the direction within the period specified in the direction, the 
Registrar may treat the evidence as not having been filed.  
148  Regulation  21.17 (heading)  
Repeal the heading, substitute:  
21.17   Giving of oral evidence  
149  Subregulation  21.17(1)  
Repeal the subregulation.  
150  Subregulation  21.17(2)  
Omit “the proceedings”, substitute “any proceedings before the Registrar”.  
151  Regulation  21.18  
Repeal the regulation.  Schedule 2   Other measures  
Part 3   Filing requirements  
 
 
24 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 152  Regulation  21.21AA  
Repeal the regulation.  
153  At the end of subregulation  21.22(1)  
Add:  
Note:  See subsection  223(2C), and section  223AA, of the Act for the means of paying a fee 
to the Registrar.  
154  At the end of subregulatio n 21.22(2)  
Add “The fee must be paid in accordance with a direction given by the 
Comptroller -General of Customs as to the way in which it is to be paid.”.  
155  Subregulation  21.22(3)  
Repeal the subregulation.  
156  Schedule  7 
Repeal the Schedule.  
157  Claus e 1 of Schedule  9 (table items  1, 3 and 10) 
Omit “approved means”, substitute “preferred means”.  Other measures   Schedule 2  
Protection resulting from the international registration of a trade mark   Part  4 
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  25 
OPC60965 - B Part 4—Protection resulting from the international registration 
of a trade mark  
Trade Marks Regulations  1995  
158  Subparagraph 4.13(1)(c)(iii)  
Omit “regulation  17A.48”, substitute “regulation  17A.48C”.  
159  Paragraph 4.14(3)(c)  
Omit “regulation  17A.48”, substitute “regulation  17A.48C”.  
160  Subparagraph 17A.21(1)(c)(iii)  
Omit “subregulation  17A.48(1)”, substitute “subregulation  17A.48C(1)”.  
161  Paragraph 17A.22(3)(c)  
Omit “regulation  17A.48”, substitute “regulation  17A.48C”.  
162  Subparagraph 17A.25(1)(a)(ii)  
Omit “within the period allowed under paragraph  17A.29(2)(b)”, substitute “ as 
mentioned in subregulation  17A.32(1) ”. 
163  Subparagraph 17 A.25(2)(c)(ii)  
Omit “within the period allowed under paragraph  17A.29(2)(b)”, substitute “ as 
mentioned in subregulation  17A.32(1) ”. 
164  Subregulation  17A.36(1) (definition of appeal period ) 
Omit “regulation  17A.35”, substitute “regulation  17A.34P”.  
165  Subregulation  17A.36(1) (definition of opposition period ) 
Repeal the definition . 
166  Paragraph 17A.36(2)(b)  
Repeal the paragraph, substitute:  
 (b) either:  
 (i) no notice of intention to oppose is filed within the period (the relevant 
period ) allowed under subregulation  17A.33(1) or that period as 
extended ; or 
 (ii) a notice of intention to oppose is filed within the period allowed under 
subregulation  17A.33(1) or that period as extended but no statement 
of grounds and particulars is filed within the period (the relevant 
period ) allowed under subregulation  17A.34A(1)  or that period as 
extended ; 
167  Subregulation  17A.36(2)  
Omit “that period”, substitute “the relevant period or that period as extended, as the 
case requires”.  Schedule 2   Other measures  
Part 4   Protection resulting from the international registration of a trade mark  
 
 
26 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 168  Paragraph 17A.36(2A)(b)  
Repeal  the paragraph, substitute:  
 (b) a notice of opposition to the IRDA is filed as mentioned in 
subregulation  17A.32(1); and  
169  Paragraph 17A.36(3)(b)  
Repeal the paragraph, substitute:  
 (b) a notice of opposition to the IRDA is filed as mentioned in 
subregulation  17A.32(1); and  
170  Paragraph 17A.36(3A)(b)  
Repeal the paragraph, substitute:  
 (b) a notice of opposition to the IRDA is filed as mentioned in 
subregulation  17A.32(1); and  
171  Paragraph 17A.36(4)(b)  
Repeal the paragraph, substitute:  
 (b) a notice of opposition to the IRDA is filed as mentioned in 
subregulation  17A.32(1); and  
172  Paragraph 17A.36(6)(b)  
Repeal the paragraph, substitute:  
 (b) a notice of opposition to the IRDA is filed as mentioned in 
subregulation  17A.32(1); and  
173  Paragraph  17A.36(6)(c)  
Omit “subregulation  17A.29(3)”, substitute “subregulation  17A.32(2)”.  
174  Subregulation  17A.39(1)  
Omit “sections  20 to 26, Parts  12, 13 and 14 of the Act (except section  128),”, 
substitute “sections  20 to 26 of the Act and Parts  12, 13 and 1 4 of the Act (except 
section  128 of the Act)”.  
175  Paragraph 17A.39(3)(a)  
After “paragraph  127(b)”, insert “of the Act”.  
176  Paragraph 17A.39(3)(a)  
Omit “subregulation  17A.48(2)”, substitute “subregulation  17A.48C(3)”.  
177  Paragraph 17A.39(3)(b)  
After “paragraph  129(1)(b)”, insert “of the Act”.  
178  Paragraph 17A.42A(2)(c)  
Omit “ for refusing protection mentioned in regulations  17A.31”, substitute “ on which 
the extension of protection could have been opposed under regulation  17A.34”.  
179  Paragraph 17A.45(2)(a)  
Omit “regulation  17A.31”, substitute “regulation  17A.34”.  Other measures   Schedule 2  
Protection resulting from the international registration of a trade mark   Part 4  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  27 
OPC60965 - B 180  Paragraph 17A.73(a)  
Repeal the paragraph, substitute:  
 (a) files a notice of opposition to an IRDA as mentioned in 
subregulation  17A.32(1); or  
181  Paragraph 17A.73(b)  
Omit “regulation  17A.48”, substitute “regulation  17A.48C”.  
182  Paragraph 17A.74(1)(e)  
Omit “, under regulation  17A.29,”.  
183  Paragraph 17A.74(1)(e)  
After “IRDA”, insert “by filing a notice of opposition as mentioned in 
subregulation  17A.32(1)”.  
184  Para graphs 17A.74(1)(f) and (g)  
Omit “subregulation  17A.48(1)”, substitute “subregulation  17A.48C(1)”.  Schedule 2   Other measures  
Part 5   Signat ures 
 
 
28 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 5—Signatures  
Patents Regulations  1991  
185  Paragraph 3.1(2)(g)  
Omit “authorising the person that is signed by the applicant or patentee”, substitute 
“from the applicant or patentee authorising the person to make the request”.  
186  Subregulation  5.26(1)  
Omit “signed”.  Other measures   Schedule 2  
Addresses and service of documents   Part 6  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  29 
OPC60965 - B Part 6—Addresses and service of documents  
Designs Regulations  2004  
187  Subregulations  11.19(3) and (4)  
Repeal the subregulations.  
188  Regulation  11.20  
Repeal the regulation.  
Patents Regulations  1991  
189  Subregulation  22.10(4)  
Repeal the subregulation.  
190  Regulation  22.10A  
Repeal the regulation.  
Trade Marks Regulations  1995  
191  Subregulation  8.4(3)  
Omit “The opponent must serve a co py of the notice on”, substitute “The Registrar 
must give a copy of the notice to”.  Schedule 2   Other measures  
Part 7   Requirements for patent documen ts 
 
 
30 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 7—Requirements for patent documents  
Patents Regulations  1991  
192  Regulation  3.2 
Repeal the regulation, substitute:  
3.2  Provisional application —direction to meet formalities requirements  
 (1) The Commissioner may, within 1 month from the filing date for a provisional 
patent application (worked out under regulation  3.5), direct the applicant to do 
anything necessary to ens ure that the provisional specification complies with the 
requirements mentioned in subsection  29(4) of the Act.  
 (2) If an applicant to whom a direction has been given under subregulation  (1) does 
not comply with the direction within 2 months from the date  of the direction, the 
provisional specification is taken not to have been filed.  
193  Regulation  3.2A (heading)  
Repeal the heading, substitute:  
3.2A   Complete application for standard patent —direction to meet formalities 
requirements  
194  Subregulations  3.2A(1) to (3)  
Repeal the subregulations, substitute:  
 (1) The Commissioner may, within 1 month from the filing date for a complete 
application for a standard patent (worked out under regulation  3.5), direct the 
applicant to do anything necessary to ensure that the patent request or complete 
specification complies with the requirements mentioned in subsection  29(4A) or 
(4B) of the Act.  
 (2) Subregulation (1) does not apply to a PCT application.  
195  Paragraph 3.2A(4)(a)  
Omit “subregulation  (3)”, substitute “subregulation  (1)”. 
196  Subregulation  3.2A(5)  
Omit “subregulation  (3)”, substitute “subregulation  (1)”. 
197  Paragraphs 3.2B(1)(a) and (b)  
Repeal the paragraphs, substitute:  
 (a) the patent request complies with subsection  29(4A) of the Act;  
 (b) the com plete specification for the application complies with 
subsection  29(4B) of the Act;  
198  Subregulation  3.2C(1)  
Omit “that complies with”, substitute “if the applicant complied with the requirements 
of”. Other measures   Schedule 2  
Requirements for patent documents   Part 7  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  31 
OPC60965 - B 199  Subregulation  3.2C(3)  
Omit “substantially comply  with the requirements of Schedule  3”, substitute “comply 
with the formalities requirements determined in an instrument under section  229 of 
the Act”.  
200  Subregulation  3.2C(4)  
Omit “PCT application complies with”, substitute “applicant complied with”.  
201  Subregulation  3.2C(4)  
Omit “application complies with the requirements mentioned in subregulations (2) 
and (3)”, substitute “requirements mentioned in subregulations (2) and (3) are met”.  
202  Paragraph 3.3(1)(a)  
After “drawings”, insert “, graphics or photographs”.  
203  Subregulation  3.3(4)  
After “drawing”, insert “, graphic or photograph”.  
204  Paragraph 3.5(2)(b)  
After “drawing”, insert “, graphic or photograph”.  
205  Paragraph 3.5AC(2)(a)  
After “drawings” (wherever occurring), insert “, graphics, pho tographs”.  
206  Subregulations  3.5AC(3), (4) and (5)  
After “drawings”, insert “, graphics, photographs”.  
207  Paragraph 3.5AD(a)  
Omit “subsection  29(4)”, substitute “subsections  29(4A) and (4B)”.  
208  Paragraphs 3.5AD(b), (c) and (d)  
Repeal the paragraphs,  substitute:  
 (b) subregulation  3.1(1).  
209  Paragraph 3.18(2)(f)  
Omit “application complies with subregulations 3.2C(2) and (3)”, substitute 
“requirements of subregulations 3.2C(2) and (3) are met”.  
210  Paragraph 4.2(2)(c)  
Omit “subregulation  3.2A(2)”, substitute “subregulation  3.2A(1)”.  
211  Subregulation  10.1(2)  
Repeal the subregulation.  
212  Paragraph 10.2(1)(a)  
Repeal the paragraph, substitute:  Schedule 2   Other measures  
Part 7   Requirements for patent documents  
 
 
32 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B  (a) the request for leave to amend, and the statement of proposed amendments, 
comply with regulation  10.1 and the formalities requirements determined 
in an instrument under section  229 of the Act; and  
213  Subregulation  22.16(2)  
Omit “Schedule  3”, substitute “the formalities requirements determined in an 
instrument under section  229 of the Act”.  
214  Schedule  3 
Repeal the Schedule.  Other measures   Schedule 2  
Acceptance of trade mark applications   Part 8  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  33 
OPC60965 - B Part 8—Acceptance of trade mark applications  
Trade Marks Regulations  1995  
215  Paragraph 4.13(1)(a)  
After “a period prescribed in subregulation  4.12(1)”, insert “or that period as extended 
under regulation  4.12 or section  224 of the Act”.  
216  Paragraph 17A.21(1)(a)  
After  “a period mentioned in subregulation  17A.20(1)”, insert  “or that period as 
extended under regulation  17A.20 or section  224 of the Act”.  Schedule 2   Other measures  
Part 9   Copies of design representations  
 
 
34 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 9—Copies of design representations  
Designs Regulations  2004  
217  Paragraph 4.04(1)(f)  
Omit “5 copies of each”, substitute “at least one”.  
218  Paragraph 4.05(1)(f)  
Omit “5 copies of each”, substitute “at least one”.  Other measures   Schedule 2  
Amendments of registered trade mark due to inconsistency with international agreements   Part 10  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  35 
OPC60965 - B Part 10—Amendment s of registered trade mark due to 
inconsistency with international agreements  
Trade Ma rks Regulations  1995  
219  Regulation  8.5 
Repeal the regulation, substitute:  
8.5  Amendment because of inconsistency with international agreements —
opposition practice and procedure  
  The Registrar may:  
 (a) decide the practice and procedure to be followed i n an opposition under 
subsection  83A(4) of the Act; and  
 (b) direct the registered owner of the registered trade mark who made the 
request for amendment, and a person (an opponent ) who filed a notice of 
opposition, accordingly.  
8.6  Amendment because of in consistency with international agreements —
hearing  
 (1) The Registrar:  
 (a) must hold a hearing of an opposition under subsection  83A(4) of the Act if 
requested by the registered owner of the registered trade mark, or an 
opponent, in writing; or  
 (b) may de cide, on the Registrar’s own initiative, to hold a hearing of the 
opposition.  
 (2) The hearing may, at the Registrar’s discretion, be:  
 (a) an oral hearing; or  
 (b) by written submissions.  
 (3) If the Registrar decides on an oral hearing:  
 (a) the Registra r must notify the registered owner of the registered trade mark, 
and each opponent, of the date, time and place of the hearing; and  
 (b) the registered owner of the registered trade mark must file a summary of 
submissions at least 5 business days before the hearing; and  
 (c) each opponent must file a summary of submissions at least 10 business 
days before the hearing.  
 (4) If the registered owner of the registered trade mark, or an opponent, fails to file a 
summary of submissions under subregulation  (3), the Registrar may take that 
failure into account in making an award of costs.  
 (5) The Registrar must:  
 (a) decide the opposition; and  
 (b) notify the registered owner of the registered trade mark, and each 
opponent, of the Registrar’s decision.  
 (6) Regul ations  21.15 and 21.16 do not apply in relation to an opposition under 
subsection  83A(4) of the Act.  Schedule 2   Other measures  
Part 10   Amendments of registered trade mark due to inconsistency with international agreements  
 
 
36 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 8.7  Amendment because of inconsistency with international agreements —
opposition directions  
 (1) The Registrar may give a direction in relation to an opposition under 
subsection  83A(4) of the Act:  
 (a) if requested by the registered owner of the registered trade mark, or an 
opponent, in writing; or  
 (b) on the Registrar’s own initiative.  
 (2) If the Registrar proposes to give a direction, the Registrar must give the 
registered owner of the registered trade mark, and each opponent, an opportunity 
to make representations about the direction.  
 (3) A direction must not be inconsistent with the Act or these Regulations.  
 (4) The Registrar must notify the regi stered owner of the registered trade mark, and 
each opponent, of the direction as soon as practicable.  
8.8  Amendment because of inconsistency with international agreements —
notification of dismissal or discontinuance of opposition  
  If an opposition under subsection  83A(4) of the Act is dismissed under 
section  222 of the Act or is discontinued, the Registrar must notify the registered 
owner of the registered trade mark, and each opponent, of the dismissal or 
discontinuance.  
220  Subregulation  21.14(5) (note ) 
Omit “Regulation  5.19 deals”, substitute “Regulations  5.19, 6.10, 8.7, 9.21, 17A.34Q, 
17A.48W and 21.20F deal”.  
221  Part 1 of Schedule  8 (table items  5 and 6)  
After “subregulation  6.6(1)”, insert “, 8.4(1)” . 
222  Clause  1 of Schedule  9 (table item  8) 
After “section  65A”, insert “or 83A”.  Other measures   Schedule 2  
Secretary’s role in the Plant Breeder’s Rights Regulations   Part 11  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  37 
OPC60965 - B Part 11—Secretary ’s role in the Plant Breeder ’s Rights 
Regulations  
Plant Breeder ’s Rights Regulations  1994  
223  Subregulations  3A(1), (2) and (3)  
Omit “Secretary”, substitute “Registrar”.  
224  Paragraph 3A(3)(a)  
Omit “Secretary’s”, substitute “Registrar’s”.  
225  Subregulation  3A(4)  
Omit “Secretary”, substitute “Registrar”.  
226  Regulation  3D 
Repeal the regulation.  
227  Subregulations  5(1), (2), (3) and (4)  
Omit “Secretary”, substitute “Registrar”.  
228  Paragraph 5(4)(a ) 
Omit “Secretary’s”, substitute “Registrar’s”.  
229  Subregulation  5(5) 
Omit “Secretary”, substitute “Registrar”.  Schedule 2   Other measures  
Part 12   Other amendments  
 
 
38 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 12—Other amendments  
Trade Marks Regulations  1995  
230  Paragraph 13.1A(a)  
Repeal the paragraph.  Other measures   Schedule 2  
Application, transitional and saving provisions   Part 13  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  39 
OPC60965 - B Part 13—Application, transitional and savi ng provisions  
Designs Regulations  2004  
231  Chapter  12 (heading)  
Repeal the heading, substitute:  
Chapter  12—Application, saving and transitional 
provisions  
232  In the appropriate position in Chapter  12 
Insert : 
Part  3—Amendments made by the Intellectual Property 
Laws Amendment (Productivity Commission 
Response Part  1 and Other Measures) 
Regulations  2018 
   
12.06  Amendments made by Part  2 of Schedule  2 
 (1) The amendments of regulations  3.14, 4.04, 4.05, 5.03, 5.04, 9.03, 9.05, 10.02, 
11.03, 11.23 and 11.28 made by Part  2 of Schedule  2 to the Intellectual Property 
Laws Amendment (Productivity Commission Response Part  1 and Other 
Measures) Regulations  2018 apply in relation to notifications occurring on or 
after the commencement of that Part . 
 (2) Chapte r 5, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in rel ation to a notice given under 
subsection  66(2) of the Act before that commencement.  
 (3) Regulation  10.02, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response  Part 1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in relation to a notice mentioned in 
subparagraph  10.02(2)(b)(ii) given before that commencement.  
 (4) Regulation  11.03 , as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in relatio n to a notice given under 
section  41 of the Act before that commencement.  
12.07  Amendments made by Part  3 of Schedule  2 
 (1) The amendments of regulation  5.08 made by Part  3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commissio n Response 
Part 1 and Other Measures) Regulations  2018 apply in relation to the provision 
of material to the Registrar on or after the commencement of th at Part . Schedule 2   Other measures  
Part 13   Application, transitional and saving provisions  
 
 
40 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B  (2) The repeal of regulation  11.01A, and the amendments of items  1, 2 and 5 of the 
table in clause  1 of Schedule  4, made by Part  3 of Schedule  2 to the Intellectual 
Property Laws Amendment (Productivity Commission Response Part  1 and 
Other Measures) Regulations  2018 apply in relation to documents filed on or 
after the commencement of that Part . 
 (3) The repeal of subregulation  11.25(1) made by Part  3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to evidence 
given on or after the commenceme nt of that Part . 
 (4) The amendment of subregulation  11.25(2) made by Part  3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 does not affect the validity of any 
require ment or permission given under that subregulation  before the 
commencement of that Part . 
 (5) The amendments of regulation  11.27 made by Part  3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Meas ures) Regulations  2018 apply in relation to documents 
filed on or after the commencement of that Part . 
 (6) Regulation  11.27A, as inserted by Part  3 of Schedule  2 to the Intellectual 
Property Laws Amendment (Productivity Commission Response Part  1 and 
Other Measures) Regulations  2018, applies in relation to evidence filed on or 
after the commencement of that Part . 
12.08  Amendments made by Part  9 of Schedule  2 
  The amendments of paragraphs 4.04(1)(f) and 4.05(1)(f) made by Part  9 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018 apply in 
relation to design applications filed on or after the commencement of that Part . 
Patents Regulations  1991  
233  Chapter  23 (heading)  
Repeal the heading, substitute:  
Chapter  23—Application, saving and transitional 
provisions  
234  In the appropriate position in Chapter  23 
Insert : Other measures   Schedule 2  
Application, transitional and saving provisions   Part 13  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  41 
OPC60965 - B Part  4—Amendments made by the Intellectual Property 
Laws Amendment (Productivity Commission 
Response Part  1 and  Other Measures) 
Regulations  2018 
   
23.46  Amendments made by Part  2 of Schedule  2 
 (1) The amendments of regulations  3.2A, 3.2B, 3.2C, 3.4, 3.5, 3 .5A, 3.24, 3.25, 
3.25H, 9.1, 9A.1, 9A.4 and 13.4 made by Part  2 of Schedule  2 to the Intellectual 
Property Laws Amendment (Productivity Commission Response Part  1 and 
Other Measures) Regulations  2018 apply in relation to notifications occurring on 
or after the commencement of that Part . 
 (2) Regulation  3.5, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in relation to a notice given under 
subregulation  3.5(4) before t hat commencement.  
 (3) Regulation  3.5A, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on  and after that commencement in relation to a notice given under 
subregulation  3.5A(2) before that commencement.  
 (4) Regulation  3.25, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Prod uctivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in relation to a notice given under 
paragraph  3.25(3)(a) before that commencement.  
23.47  Amendments made by Part  3 of Schedule  2 
 (1) The repeal of regulation  5.3 made by Part 3 of Schedule  2 to the Intellectual 
Property Laws Amendment (Productivity Commission Response Part  1 and 
Other Measures) Regulations  2018 applies in relation to documents or evidence 
filed on or after the comme ncement of th at Part. 
 (2) The repeal of subregulation  22.12(1) made by Part 3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to evidence 
given on or after the commencement of that Part . 
 (3) The amendment of subregulation  22.12(2) made by Part 3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 does not affect the validity of any 
requirement or permission given under that subregulation  before the 
commencement of that Part . 
 (4) The amendments of regulation  22.15 made by Part 3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response Schedule 2   Other measures  
Part 13   Application, transitional and saving provisions  
 
 
42 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Part 1 and Other Measures) Regulations  2018 apply in relation to documents 
filed on or after the commencement of that Part . 
 (5) Regulation  22.16A, as inserted by Part 3 of Schedule  2 to the Intellectual 
Property Laws Amendment (Productivity Commi ssion Response Part  1 and 
Other Measures) Regulations  2018, applies in relation to evidence filed on or 
after the commencement of that Part . 
 (6) The amendments of items  201, 202 and 203 of the table in clause  2 of 
Schedule  7, and the repeal of regulation  22.2AA (so far as it relates to those 
items), made by Part 3 of Schedule  2 to the Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 and Other Measures) 
Regulations  2018 apply in relation to documents filed on or after the 
commen cement of that Part . 
 (7) The amendments of items  211, 212 and 214A of the table in clause  2 of 
Schedule  7, and the repeal of regulation  22.2AA (so far as it relates to those 
items), made by Part 3 of Schedule  2 to the Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 and Other Measures) 
Regulations  2018 apply in relation to fees paid on or after the commencement of 
that Part . 
23.48  Amendments made by Part  5 of Schedule  2 
 (1) The amendment of paragraph  3.1(2)(g) made by Part 5 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to a request 
referred to in that paragraph made on or after the commencement of that Part . 
 (2) The amendment of subregulation  5.26(1) made by Part 5 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to a notice of 
withdrawal filed on or after the co mmencement of that Part . 
23.49  Amendments made by Part  7 of Schedule  2 
 (1) The repeal and substitution of regulation  3.2 made by Part 7 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures)  Regulations  2018 applies in relation to patent 
requests filed under subsection  29(1) of the Act on or after the commencement of 
that Part . 
 (2) The amendments of regulation  3.2A made by Part 7 of Schedule  2 to the 
Intellectual Property Laws Amendment (Pro ductivity Commission Response 
Part 1 and Other Measures) Regulations  2018 apply in relation to patent 
requests filed under subsection  29(1) of the Act on or after the commencement of 
that Part . 
 (3) The amendment of regulation  3.2B made by Part 7 of Schedu le 2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to complete 
applications made on or after the commencement of that Part . 
 (4) The amendments of regulations  3.2C and 3.18 made by Part 7 of Schedule  2 to 
the Intellectual Property Laws Amendment (Productivity Commission Response Other measures   Schedule 2  
Application, transitional and saving provisions   Part  13 
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  43 
OPC60965 - B Part 1 and Other Measures) Regulations  2018 apply in relation to an applicant’s 
compliance with the requirements of subsection  29A(5) o f the Act on or after the 
commencement of that Part  (regardless of when the PCT application was made).  
 (5) The amendments of regulation  3.5AD made by Part 7 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 apply in relation to PCT 
applications made on or after the commencement of that Part . 
 (6) The amendments of regulations  10.1 and 10.2 made by Part 7 of Schedule  2 to 
the Intellectual Property Laws Amendment (Productiv ity Commission Response 
Part 1 and Other Measures) Regulations  2018 apply in relation to requests made 
under subsection  104(1) of the Act on or after the commencement of that Part . 
 (7) The amendment of regulation  22.16 made by Part 7 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to documents 
received at the Patent Office on or after the commencement of that Part . 
Plant Breeder ’s Rights Regulations  1994  
235  After regulation  5 
Insert:  
6  Application, saving and transitional provisions —Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 and Other 
Measures) Regulations  2018 
Amendments made by Part  2 of Schedule  2 
 (1) The amen dments of regulations  3A and 5 made by Part  2 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 apply in relation to notifications 
occurring on or after the commencement of that Part . 
Amendments made by Part  3 of Schedule  2 
 (2) The repeal of regulation  4A, and the amendment of item s 4 and 15 of the table in 
clause  1 of Schedule  1, made by Part  3 of Schedule  2 to the Intellectual Property 
Laws Amendment (Productivity Commission Response Part  1 and Other 
Measures) Regulations  2018 apply in relation to fees paid on or after the 
commencement of that Part . 
Amendments made by Part  11 of Schedule  2 
 (3) A thing done by, or in relation to, the Secretary under these Regulations before 
the commencement of Part 11 of Schedule  2 to the Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 and Other Measures) 
Regulations  2018 has effect on and after that commencement as if it had been 
done by, or in relation to, the Registrar.  Schedule 2   Other measures  
Part 13   Application, transitional and saving provisions  
 
 
44 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B Trade Marks Regulations  1995  
236  Part 22 (heading)  
Repeal the heading, substitute:  
Part  22—Application, saving and transitional provisions  
237  In the appropriate position in Part  22 
Insert : 
Division  4—Amendments made by the Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 
and Other Measures) Regulations  2018 
22.18   Amendments made by Part  2 of Schedule  1 
  The amendments made by Part  2 of Schedule  1 to the  Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 and Other Measures) 
Regulations  2018 apply to an application for cessation of protection that relates 
to: 
 (a) a protected international trade  mark that is the subject of a request for 
extension of protection to Australia made under Article 3ter (1) of the 
Protocol, if the date of international registration of the trade mark is on or 
after the day this Part commences; and  
 (b) a protected intern ational trade mark that is the subject of a request for 
extension of protection to Australia made under Article 3ter (2) of the 
Protocol, if the date of recording of the request is on or after the day this 
Part commences.  
22.19  Amendments made by Part  1 of Schedule  2 
 (1) Regulation  5.13A applies in relation to a notice of intention to defend that is 
required to be filed within the period referred to in subregulation  5.13(1) if  the 
end of that period is on or after the commencement of Part  1 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018. 
 (2) Regulation  9.15A applies in relation to a notice of intention to defend that is 
required to be filed within the period referred to in subregulation  9.15(1) if:  
 (a) the end of that period is on or after the commencement of Part  1 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018; and  
 (b) no appli cation had been made under section  224 of the Act before that 
commencement to extend the time for filing that notice.  
 (3) Regulation  17A.34HA applies in relation to a notice of intention to defend that is 
required to be filed within the period referred to  in subregulation  17A.34H(1) if:  
 (a) the end of that period is on or after the commencement of Part 1 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018; and  Other measures   Sched ule 2  
Application, transitional and saving provisions   Part 13  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  45 
OPC60965 - B  (b) no appl ication had been made under section  224 of the Act before that 
commencement to extend the time for filing that notice.  
 (4) Regulation  17A.48QA applies in relation to a notice of intention to defend that is 
required to be filed within the period referred t o in subregulation  17A.48Q(1) if:  
 (a) the end of that period is on or after the commencement of Part 1 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018; and  
 (b) no app lication had been made under section  224 of the Act before that 
commencement to extend the time for filing that notice.  
22.20  Amendments made by Part  2 of Schedule  2 
 (1) The amendments of regulations  4.2, 4.3, 4.11, 4.13, 4.14, 4.18, 6.1, 6.4, 7.5, 7.7, 
7.8, 8.1, 10.4, 10.5, 11.3, 17A.18, 17A.19, 17A.21, 17A.22, 17A.25, 17A.59, 
21.9, 21.16 and 21.33 made by Part  2 of Schedule  2 to the Intellectual Property 
Laws Amendment (Productivity Commission Respon se Part  1 and Other 
Measures) Regulations  2018 apply in relation to notifications occurring on or 
after the commencement of that Part . 
 (2) The amendments of regulations  4.8 and 4.10 made by Part  2 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 apply in relation to reports given 
on or after the commencement of that Part . 
 (3) Regulation  4.2, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in relation to a notice given under 
subregulation  4.2(2) before that commencement.  
 (4) Regulation  6.1, as in force immediately before the commencement of Part 2 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commenceme nt in relation to a notice given under 
subregulation  6.1(1) before that commencement.  
 (5) Regulation s 10.4 and  10.5, as in force immediately before the commencement of 
Part 2 of Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continue 
to apply on and after that commencement in relation to a notice given under 
subregulation  10.5(1) before that commencement.  
 (6) Regulation  17A.59, as in force immediately before the  commencement of Part 2 
of Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018, continues 
to apply on and after that commencement in relation to a notice given under 
paragraph  17A.59(1)(b) before that commencement.  
 (7) The repeal and substitution of regulation  21.10 made by Part 2 of Schedule  2 to 
the Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in r elation to withdrawals 
occurring on or after the commencement of that Part . Schedule 2   Other measures  
Part 13   Application, transitional and saving provisions  
 
 
46 Intelle ctual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018   
OPC60965 - B 22.21  Amendments made by Part  3 of Schedule  2 
 (1) The repeal of regulations  5.3, 9.3, 17A.30 and 17A.48A made by Part 3 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018 applies in 
relation to documents or evidence filed on or after the commencement of that 
Part. 
 (2) The repeal and substitution of regulations  21.2 and 21.4, and the repeal of 
regulation  21.18, made by Part 3 of Schedule  2 to the Intellectual Property Laws 
Amendment (Productivity Commission Response Part  1 and Other Measures) 
Regulations  2018 apply in relation to documents filed on or after the 
commencement of that Part . 
 (3) Regul ation  21.5A, as inserted by Part 3 of Schedule  2 to the Intellectual Property 
Laws Amendment (Productivity Commission Response Part  1 and Other 
Measures) Regulations  2018, applies in relation to evidence filed on or after the 
commencement of that Part . 
 (4) The repeal of subregulation  21.17(1) made by Part 3 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to evidence 
given on or after the commencement of that Part . 
 (5) The amendments of items  1 and 3 of the table in clause  1 of Schedule  9, and the 
repeal of regulation  21.21AA (so far as it relates to those items), made by Part 3 
of Sch edule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018 apply in 
relation to applications  filed on or after the commencement of that Part . 
 (6) The amendment of item  10 of the table in clause  1 of Schedule  9, and the repeal 
of regulation  21.21AA (so far as it relates to that item), made by Part 3 of 
Schedule  2 to the Intellectual Property Laws Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018 apply in 
relation to fees paid on or after the commencement of that Part . 
22.22  Amendments made by Part  4 of Schedule  2 
  The amendments of subregulations  17A.36(2), (2A), (3), (3A), (4) and (6) made 
by Part 4 of Schedule  2 to the Intellectual Property Laws Amendment 
(Productivity Commission Response Part  1 and Other Measures) 
Regulations  2018 apply in relation to acceptance of an IRDA on or after the 
commencement of th at Part. 
22.23  Amendments made by Part  8 of Schedule  2 
 (1) The amendment of paragraph  4.13(1)(a) made by Part 8 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to a request 
made on or after the commencement of that Part.  
 (2) The amen dment of paragraph  17A.21(1)(a) made by Part 8 of Schedule  2 to the 
Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018 applies in relation to a request 
made on or after the commencement of tha t Part.  Other measures   Schedule 2  
Application, transitional and saving provisions   Part 13  
 
 
 Intellectual Property Laws Amendment (Productivity Commission Response 
Part 1 and Other Measures) Regulations  2018  47 
OPC60965 - B 22.24  Amendments made by Part  10 of Schedule  2 
 (1) Regulations  8.5 to 8.8, as inserted by Part 10 of Schedule  2 to the Intellectual 
Property Laws Amendment (Productivity Commission Response Part  1 and 
Other Measures) Regulations  2018, apply in re lation to requests for amendment 
referred to in subregulation  8.4(1) that are made on or after the commencement 
of that Part. 
 (2) The amendments of table items  5 and 6 in Part  1 of Schedule  8 made by Part  10 
of Schedule  2 to the Intellectual Property Laws  Amendment (Productivity 
Commission Response Part  1 and Other Measures) Regulations  2018 apply in 
relation to requests for amendment referred to in subregulation  8.4(1) that are 
made on or after the commencement of Part 10 of Schedule  2 to the Intellectual  
Property Laws Amendment (Productivity Commission Response Part  1 and 
Other Measures) Regulations  2018. 
 (3) The amendment of item  8 of the table in clause  1 of Schedule  9 made by Part 10 
of Schedule  2 to the Intellectual Property Laws Amendment (Productiv ity 
Commission Response Part  1 and Other Measures) Regulations  2018 applies in 
relation to requests for amendment referred to in subregulation  8.4(1) that are 
made on or after the commencement of th at Part.