Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p32
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 32/73)
Character Range: 233110–235813

major trading partners for subparagraph (1)(a)(iii) are as follows:
(a) European Union;
(b) Japan;
(c) People's Republic of China;
(d) Republic of Korea;
(e) United States of America.
 (2) The requirements set out in subregulation (1) must be evidenced by means of one or more statements of skill, as defined in regulation 20.11.
 (3) For subregulation (1), a person is employed in Australia only if the person is, in accordance with the terms of his or her employment, required to undertake (and does undertake) the duties of his or her employment in Australia.
 (4) For subregulation (1), a person is employed in New Zealand only if the person is, in accordance with the terms of his or her employment, required to undertake (and does undertake) the duties of his or her employment in New Zealand.
Note: Subsection 198(4) of the Act provides that the Designated Manager must register as a patent attorney a person who satisfies certain conditions. Paragraph 198(4)(c) requires that a person be employed as prescribed for not less than the prescribed period.

20.11  Statements of skill
 (1) For paragraph 20.3(1)(d) and subregulation 20.10(2), a statement of skill is a statement by a registered patent attorney who has been registered for at least 5 years that, in the opinion of the registered patent attorney, the applicant has the experience mentioned in one or more of subparagraphs 20.10(1)(a)(i) to (v).
 (2) Without limiting subregulation (1), a statement of skill must:
 (a) contain details of the basis of the opinion that the applicant has the required experience; and
 (b) include details of the evidence on which the opinion is based;
described by reference to:
 (c) the skills mentioned in paragraph 20.10(1)(a); and
 (d) the employment requirements mentioned in paragraph 20.10(1)(b).
 (3) If an applicant is unable to obtain a statement of skill from a registered patent attorney who has been registered for at least 5 years, the Board may, at the request of the applicant, prepare a statement of skill in relation to the applicant.

20.12  Prescribed offences
 (1) An offence against any of the following Acts is a prescribed offence for paragraph 198(4)(e) of the Act:
 (a) the Act;
 (b) the Designs Act 2003;
 (c) the Plant Breeder's Rights Act 1994;
 (d) the Trade Marks Act 1995;
 (e) the Designs Act 1953 of New Zealand;
 (f) the Patents Act 1953 of New Zealand;
 (g) the Patents Act 2013 of New Zealand;
 (h) the Plant Variety Rights Act 1987 of New Zealand;
 (i) the Trade Marks Act 2002 of New Zealand.
 (2) An offence of dishonesty for which the maximum penalty is imprisonment for at least 2 years is a prescribed offence for paragraph 198(4)(f) of the Act.
Note: Subsection