Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p114
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 284747–287431

that meet the minimum requirements set out in Schedule 5 to the Patents Regulations 1991.
Note: Schedule 5 to the Patents Regulations 1991 applies to a trade marks attorney as modified by regulation 20.11 of these Regulations.
 (3) The Board may publish guidelines setting out criteria for deciding whether or not areas of study:
 (a) are likely to meet the minimum requirements set out in Schedule 5 to the Patents Regulations 1991; and
 (b) are likely to provide a person with the appropriate level of understanding to practise as a trade marks attorney.
 (4) The Board may be satisfied that an applicant has the knowledge of intellectual property law and practice that is required for a person to practise as a trade marks attorney, despite the fact that the applicant does not meet every requirement set out in Schedule 5 to the Patents Regulations 1991.
 (5) The Board is not able to be satisfied that the applicant has the knowledge of intellectual property law and practice that is required for a person to practise as a trade marks attorney if the knowledge requirements on which the applicant relies were obtained more than 10 years prior to the application.
 (6) If an applicant has been granted an exemption under regulation 20.9, the applicant is taken to meet the requirement in Schedule 5 to the Patents Regulations 1991 for which the exemption is granted.
Note: Subsection 228A(4) of the Act provides that the Designated Manager must register as a trade marks attorney a person who satisfies certain conditions. Paragraph 228A(4)(a) requires that a person hold such qualifications as are specified in, or ascertained in accordance with, the Regulations.

20.9  Exemption from a requirement in Schedule 5 to Patents Regulations
 (1) The Board may exempt an applicant from having to satisfy all or some of the requirements mentioned in Schedule 5 to the Patents Regulations 1991.
 (2) The Board must not give an exemption to an applicant unless:
 (a) the applicant makes an application in the form approved by the Board; and
 (b) the applicant gives the Board enough information for the Board to be satisfied under paragraph (c); and
 (c) the Board is satisfied that:
 (i) the applicant has passed a course of study at a satisfactory level; and
 (ii) the course of study has outcomes that are the same as, or similar to, those of a knowledge requirement for which the exemption is sought.
 (3) The Board may give an exemption under subregulation (1) if it is satisfied that the applicant has successfully completed a relevant course of study within the 5 years preceding the application or within a longer period specified in writing by the Board.
 (4) An exemption under