Delegate the powers under paragraphs 210 (a) & (c) of the Patents Act

Issue summary

Currently regulation 21.2 prevents the Commissioner delegating powers and functions under paragraphs 210(a) and (c) of the Patents Act (power to summon witnesses and require production of documents). This limitation is also present in the Designs legislation but not Trade Marks. The powers under s210 are exercised in relation to opposition proceedings.

This restriction unduly limits the flexibility and efficient running of hearings and oppositions. Allowing senior hearing officers to have the powers delegated to them under s210 may facilitate appropriate case management and administrative efficiency.

History

• Policy development 4 September 2017
• Legislative drafting 26 March 2018
• Consultation 16 November 2018 to 21 December 2018
• Legislative drafting 22 December 2018
• Consultation 16 November 2018 to 21 December 2018
• Legislation registered 25 March 2019
• Completed 25 March 2019

Comments

The issue was addressed by amendments in the Intellectual Property Laws Amendment (PCT Translations and Other Measures) Regulations 2019 Schedule 2 Part 1.

The amendments were accorded high priority as they are straightforward and improve the running of oppositions.