Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p115
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 287186–289933

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 subregulation (1) is valid for 5 years from the date that the exemption was granted or for a longer period specified in writing by the Board.

20.10  Prescribed offences
 (1) For paragraph 228A(4)(c) of the Act, an offence against the Act, the Designs Act 2003 or the Patents Act 1990 is a prescribed offence.
 (2) For paragraph 228A(4)(d) of the Act, an offence of dishonesty for which the maximum penalty is imprisonment for at least 2 years is a prescribed offence.

20.11  Application of Schedule 5 to Patents Regulations
  Schedule 5 to the Patents Regulations 1991 applies to obtaining registration as a trade marks attorney for the first time as if:
 (a) item 2 in Part 2 of that Schedule provided:
 '2. A course of study must provide for a student to have an appropriate level of understanding of the Australian legal system and how intellectual property rights may be protected.'; and
 (b) item 5 in Part 5 of that Schedule provided:
 '5. A course of study must provide for a student to have an appropriate level of understanding of the system of protecting and exploiting trade marks, both in Australia and other countries'.

Division 3—Accreditation of courses of study

20.12  Accreditation of courses of study
  Part 3 of Chapter 20 of the Patents Regulations 1991 applies to the accreditation of a course of study for the purposes of Schedule 5 to the Patents Regulations 1991 in its application to the registration of a trade marks attorney under this Part as if references to 'patent attorney' were references to 'trade marks attorney'.

Division 4—Board examinations

20.13  Board examinations
  Part 4 of Chapter 20 of the Patents Regulations 1991 applies to a requirement referred to in Schedule 5 to the Patents Regulations 1991 in its application to the registration of a trade marks attorney under this Part as if references to 'patent attorney' were references to 'trade marks attorney'.

Division 5—Maintaining registration and removing and restoring name to Register of Trade Marks Attorneys

20.14  Maintaining registration and removing and restoring name to Register of Trade Marks Attorneys
  Parts 5, 6 and 7 of Chapter 20 of the Patents Regulations 1991 apply to a trade marks attorney in its application to the registration of a trade marks attorney under this Part as if:
 (a) references to 'patent attorney' were references to 'trade marks attorney'; and
 (b) references to the 'Register of Patent Attorneys' were references to the 'Register of Trade Marks Attorneys';