Document ID: chunk:federal_register_of_legislation:C2024C00545:section:229
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 229
Character Range: 285054–286672

229  Privileges of trade marks attorney and patent attorney
 (1) A communication made for the dominant purpose of a registered trade marks attorney providing intellectual property advice to a client is privileged in the same way, and to the same extent, as a communication made for the dominant purpose of a lawyer providing legal advice to a client.
 (1A) A record or document made for the dominant purpose of a registered trade marks attorney providing intellectual property advice to a client is privileged in the same way, and to the same extent, as a record or document made for the dominant purpose of a lawyer providing legal advice to a client.
 (1B) A reference in subsection (1) or (1A) to a registered trade marks attorney includes a reference to an individual authorised to do trade marks work under a law of another country or region, to the extent to which the individual is authorised to provide intellectual property advice of the kind provided.
 (2) The regulations may provide that a registered trade marks attorney or a patent attorney has, in relation to documents and property of a client in a matter relating to trade marks, the same right of lien that a solicitor has in relation to the documents and property of a client.
 (3) Intellectual property advice means advice in relation to:
 (a) patents; or
 (b) trade marks; or
 (c) designs; or
 (d) plant breeder's rights; or
 (e) any related matters.
 (4) Nothing in this section authorises a registered trade marks attorney to prepare a document to be issued from or filed in a court or to transact business, or conduct proceedings, in a court.