Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p113
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 282240–284988

a person as a trade marks attorney, the Designated Manager must give the person a certificate of registration.

20.5  Evidence of academic qualifications
 (1) The Board must be satisfied that a person has a qualification mentioned in regulation 20.6 if:
 (a) the person makes an application in the form approved by the Board; and
 (b) the application is accompanied by:
 (i) evidence that the person has the qualification; and
 (ii) the original or a certified copy of an academic record that shows the units that make up the qualification.
 (2) The Board must, within 42 days of deciding whether or not it is satisfied that the person has the qualification, notify the person, in writing, of its decision.
Note: A decision that a person does not have a qualification is reviewable under regulation 21.35.

20.6  Academic qualifications
  The Designated Manager must not approve an applicant for registration as a trade marks attorney unless the applicant has or is entitled to:
 (a) a level 5 or higher AQF qualification; or
 (b) a qualification awarded by an overseas institution that the Board is satisfied is equivalent to a level 5 or higher AQF qualification.

20.7  Evidence of knowledge requirements
 (1) The Board must be satisfied that a person has a knowledge requirement mentioned in regulation 20.8 if:
 (a) the person makes an application in the form approved by the Board; and
 (b) the application is accompanied by:
 (i) evidence that the applicant has the relevant knowledge; and
 (ii) the original or a certified copy of any academic record that shows the study that contributes to the knowledge.
 (2) The Board must, within 42 days of deciding whether or not it is satisfied that the person has the knowledge requirement, notify the person, in writing, of its decision.
Note: A decision that a person does not have a knowledge requirement is reviewable under regulation 21.35.

20.8  Knowledge requirements
 (1) The Designated Manager must not approve an applicant for registration as a trade marks attorney unless the Board is 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.
 (2) Subject to subregulations (3), (4) and (5), the Board must, in satisfying itself whether or not an applicant has the knowledge of intellectual property law and practice that is required for a person to practise as a trade marks attorney, take into account whether the applicant has qualifications 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