Document ID: chunk:federal_register_of_legislation:F2024C00893:reg:5:p7
Version: federal_register_of_legislation:F2024C00893
Segment Type: reg
Provision Reference: reg 5 (pt 7/8)
Character Range: 360943–363810

to Part 9 of the Trade Marks Act 1995 were a reference to section 23 of the Trade Marks Act 1955.

22.7  Trade marks attorneys
  For registration as a trade marks attorney, a person is taken to meet the requirements of subregulation 20.1(1) until 27 January 2001 if the person:
 (a) was, on 28 February 1998, registered as a patent attorney under section 198 of the Patents Act 1990; or
 (b) met the requirements of paragraphs 198(2)(c) and (d) of the Patents Act 1990 as in force on 26 January 1999; or
 (c) is a legal practitioner who acted for a client in trade mark matters before 27 January 1999, and makes a declaration to that effect; or
 (d) is a person to whom note 4 to subsection 156(2) of the Trade Marks Act 1995 applies.

22.8  Trade marks attorney examination requirements
 (1) For a person who passed an examination, or was exempted from having to pass the examination, for at least 1 subject under Schedule 5 of the Patents Regulations 1991 as in force on 26 January 1999, the period of 5 years for paragraph 20.3A(1)(b) of the Patents Regulations 1991 is taken to commence on 27 January 1999.
 (2) Subregulation (3) applies to a person who has passed an examination, or been exempted from having to pass the examination, for at least 1 subject mentioned in Schedule 5 as in force on 26 January 1999.
 (3) A pass in an examination for a subject mentioned in column 1 of the following table is taken to be a pass for paragraph 20.1(1)(a) in a topic group mentioned in column 2 of the table:

Column 1                                                                   Column 2

Subject                                                                    Topic group
Legal Process                                                              Group A—Legal process and overview of intellectual property
Patent Attorneys' Practice, Part 2                                         Group B—Professional conduct
Trade Marks law of Australia and the Practice of the Trade Marks Office    Group C—Trade mark law
Patent Attorneys' Practice, Part 1 and Patent Attorneys' Practice, Part 2  Group D—Trade mark practice

 (4) For registration as a trade marks attorney, a person is taken to have passed an examination for Patent Attorney's Practice 1 and Patent Attorney's Practice 2 if the person:
 (a) before 27 January 1999, passed an examination for a subject that the Board considers is equivalent to topic groups A and C mentioned in Schedule 5 to the Patents Regulations 1991; and
 (b) applies for registration as a trade marks attorney before 27 January 2001; and
 (c) provides a declaration by an employer or the employer's representative that the person's principal field of practice for 2 continuous years has been in trade marks matters.

Division 2—Amendments made by particular instruments

22.9  Amendments made by the Intellectual Property Legislation