Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p87
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 87/154)
Character Range: 423651–426303

Act; or
 (ii) a copyright subsisting under the Copyright Act; or
 (iii) the monopoly in a design registered under the Designs Act; or
 (iv) a patent granted under the Patents Act; or
 (v) a trade mark registered under the Trade Marks Act; or
 (vi) the monopoly in a protected design provided for by the Olympic Insignia Protection Act; or
 (vii) eligible layout rights (EL rights) subsisting under the Circuit Layouts Act; or
 (viii) plant variety rights granted under the Plant Variety Rights Act; or
 (vix) plant breeder's rights under the Plant Breeder's Rights Act.
 (b) an application, appeal or other proceeding under the Advance Australia Logo Protection Act, the Circuit Layouts Act, the Copyright Act, the Designs Act, the Olympic Insignia Protection Act, the Patents Act, the Plant Variety Rights Act or the Trade Marks Act, whether or not joined with another claim or cause of action, unless the proceeding is one to which Division 31.1 or 31.2 applies.
Olympic Insignia Protection Act means the Olympic Insignia Protection Act 1987.
Patents Act means the Patents Act 1990.
PBR has the same meaning as in the Plant Breeder's Rights Act 1994.
Plant Breeder's Rights Act means the Plant Breeder's Rights Act 1994.
Plant Variety Rights Act means the Plant Variety Rights Act 1987.
Trade Marks Act means the Trade Marks Act 1995.

34.22  Application of Division 34.3
  Each party to an intellectual property proceeding must comply with:
 (a) this Division; and
 (b) any other of these Rules that are relevant to, and not inconsistent with, this Division.

34.23  Appearance by Commissioner
 (1) The Commissioner may file a notice of address for service, and be heard, in any intellectual property proceeding.
 (2) However, the Commissioner is not a party to a proceeding other than an appeal:
 (a) from a decision of the Commissioner; and
 (b) in which there is no party in opposition to the party bringing the appeal.

34.24  Starting an appeal—filing and service of notice of appeal
 (1) A party who wants to appeal from a decision of the Commissioner must, within 21 days of the date of the decision, file a notice of appeal, in accordance with Form 92.
 (2) A notice of appeal must state the following:
 (a) the Commissioner from whom the appeal is brought and the date of the decision;
 (b) whether the appeal is from the whole or a part of the decision (including, if from a part only, details of the part);
 (c) the order or orders sought;
 (d) the grounds relied on in support of each order sought;
 (e) the particulars of each ground relied on.
Note: A Registrar will fix a return date and place for hearing and endorse those details on