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Patents (World Trade Organization
Amendments) Act 1994

No. 154 of 1994

An Act to amend the law with respect to patents to enable
Australia to accept the Agreement Establishing the World
Trade Organization

[Assented to 13 December 1994]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title etc.

1.(1) This Act may be cited as the Patents (World Trade Organization Amendments) Act 1994.

  (2) In this Act, "Principal Act", means the Patents Act 19901.

Commencement

  2. Sections 4, 5, 6, 7 and 12 commence on 1 July 1995.

    Note: Under section 5 of the Acts Interpretation Act 1901 the other provisions of this Act commence 28 days after the day on which this Act receives the Royal Assent.

  3.(1) In this Act:

"transitional standard patent" means a standard patent:

  (a) granted (for a term of 16 years) before 1 July 1995; and

  (b) whose term at the time of the grant was due to end on or after 1 July 1995.

(2) A word or expression that is used in this Act and is defined in the Principal Act has, in this Act, the same meaning as in the Principal Act.

PART 2—TERM OF STANDARD PATENT

Term of standard patent

4. Section 67 of the Principal Act is amended by omitting "16" and substituting "20".

Repeal of Division

5.(1) The heading to Division 1 of Part 3 of Chapter 6 of the Principal Act is omitted.

  (2) Division 2 of Part 3 of Chapter 6 of the Principal Act is repealed.

Further amendments

  6. The Principal Act is further amended as set out in the Schedule.

Application

  7.(1) The amendments made by this Part apply:

  (a) to all standard patents that are granted on or after 1 July 1995; and

  (b) to all transitional standard patents.

   Note: The Principal Act as in force immediately before 1 July 1995 continues to apply to a standard patent (other than a transitional standard patent) whose term:

      (a) was, immediately before 1 July 1995, capable of being extended under Division 2 of Part 3 of Chapter 6 of that Act; or

    (b) had, before 1 July 1995, been extended for a period of 4 years ending after that date.

(2) If, before this section commenced, the Commissioner had granted an extension of the term of a transitional standard patent under Division 2 (the "repealed Division") of Part 3 of Chapter 6 of the Principal Act as then in force, the Principal Act as amended by this Part has effect in relation to the patent as if:

     (a) no action had been taken in respect of the patent under the repealed Division; and

  (b) the extension had not been granted.

Transitional

  8.(1) On the commencement