Policy ID: 
17
Status: 
Completed
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 04-Sept-2017

Legislative drafting 26-Mar-2018

Consultation 16-Nov-2018 to 21-Dec-2018

Legislative drafting 22-Dec-2018

Consultation 16-Nov-2018 to 21-Dec-2018

Legislation registered 25-Mar-2019

Completed 25-Mar-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.

Tag: 
Patents