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.
Policy development 04-Sept-2017
High priority, as this is a relatively straightforward implementation that will improve the running of the oppositions process.
Exposure draft is anticipated when legislative drafting is complete, currently aiming for 2018.