Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

Trans-Tasman Mutual Recognition Arrangement - INTRODUCTION OF THE

VIEWS: 9 PAGES: 10

  • pg 1
									NOTICE TO THE PATENT ATTORNEY PROFESSIONS
IN AUSTRALIA AND NEW ZEALAND



                  INTRODUCTION OF THE
    TRANS-TASMAN MUTUAL RECOGNITION AGREEMENT FOR
            THE PATENT ATTORNEY PROFESSION

The Trans-Tasman Mutual Recognition Agreement between the Government of Australia
and the Government of New Zealand came into operation on 1 May 1998.

To implement the Agreement both Australia and New Zealand have passed legislation
that commenced operation on 1 May 1998.

The purpose of the Agreement and the enabling laws is to give effect to the two mutual
recognition principles relating to the sale of goods and the registration of occupations,
consistent with the protection of public health and safety and the environment. The
mutual recognition principles are:

       •   if goods may legally be sold in New Zealand, they may legally be sold in an
           Australian jurisdiction and visa versa; and

       •   if a person is registered to practice an occupation in New Zealand, he or she
           will be entitled to practice an equivalent occupation in an Australian
           jurisdiction and visa versa.

The legislation:

•   provides that, where there is a requirement for registration to practice and where
    there is an equivalent occupation in the other jurisdiction, a person will have the right
    to apply for registration in that jurisdiction provided they are registered in the
    original jurisdiction.

•   waives many of the requirements for registration with the sole determinant being
    “equivalence of occupation”.

•   applies to registered patent attorneys in Australia and New Zealand with the
    consequence that registered patent attorneys in both countries will have the right to
    apply for registration in the other jurisdiction from 1 May 1998.

IP Australia and the Intellectual Property Office of New Zealand have agreed on
procedures to facilitate registration in either jurisdiction.

Applicants for registration will be required to complete an application and submit it,
together with the appropriate fee, to the relevant registration authority.




                                                                                     Nov 2004
All fees are payable in the currency of the relevant registering authority.


Further information can be obtained from:

Australia:


The Secretary
Professional Standards Board for
Patent and Trade Marks Attorneys
PO Box 200
Woden ACT 2606
AUSTRALIA
Telephone: + 612 6283 2345
E-mail: mail.psb@ipaustralia.gov.au


New Zealand:

Julie Earl
External Relations Unit
Intellectual Property Office of
    New Zealand
PO Box 30 687
Lower Hutt NEW ZEALAND

Telephone: + 644 978 3662
E-mail: julie.earl@iponz.govt.nz




                                                                              Nov 2004
                  AUSTRALIA:                                                                      NEW ZEALAND:

                  TRANS-TASMAN              TRANS-TASMAN MUTUAL                                   TRANS-TASMAN
                  MUTUAL                                                                          MUTUAL
                  RECOGNITION ACT
                                           RECOGNITION AGREEMENT                                  RECOGNITION ACT
                  1997                                                                            1997




                       WRITTEN NOTICE SEEKING REGISTRATION AS A PATENT
                          ATTORNEY UNDER THE TRANS-TASMAN MUTUAL
                                  RECOGNITION AGREEMENT



Insert name
and address
                  I,                                                           , of

Delete            being a registered patent attorney under the Patents Act 1990 of Australia/ Patents Act
information not   1953 of New Zealand, hereby apply for registration as a patent attorney in Australia/New
relevant to
application       Zealand, in accordance with the provisions of Section 18 of the Trans-Tasman Mutual
                  Recognition Act 1997 of Australia/Section 19 of the Trans-Tasman Mutual Recognition
                  Act 1997 of New Zealand.


                  In support of this application, I attach a completed and signed declaration as required by
                  the Trans-Tasman Mutual Recognition Act 1997 of Australia/Trans-Tasman Mutual
                  Recognition Act 1997 of New Zealand.


                  My address for use on the Register of Patent Attorneys, and for the receipt of all notices
                  relating to registration, is:


  Insert
  address for
  service of
  notices about
  registration




                  Dated                                                      ______________________________
                                                                                       (Signature of applicant)




                  Form 1
                                                                                                       Nov 2004
       AUSTRALIA:                                                                             NEW ZEALAND:

       TRANS-TASMAN                   TRANS-TASMAN MUTUAL                                     TRANS-TASMAN
       MUTUAL                                                                                 MUTUAL
       RECOGNITION ACT
                                     RECOGNITION AGREEMENT                                    RECOGNITION ACT
       1997                                                                                   1997



         DECLARATION FOR APPLICATION FOR REGISTRATION AS A
          PATENT ATTORNEY UNDER THE TRANS-TASMAN MUTUAL
                     RECOGNITION AGREEMENT


       In making this application:

                   • I certify that the information contained on Form 1 and Form 2 is true and
                     correct.

                   • I certify that the attached certificate is the original or a copy of the instrument
Delete country       evidencing my existing registration in Australia/New Zealand.
not applicable

                   • I certify that I am not subject to disciplinary proceedings in any participating
                     jurisdiction (including any preliminary investigations or action that might lead
                     to disciplinary proceedings) in relation to this occupation.

                   • I certify that the registration is not cancelled or currently suspended as a result
                     of disciplinary action.

                   • I certify that I am not otherwise personally prohibited from carrying on any
                       such occupation in any participation jurisdiction and am not subject to any
                       special conditions in carrying on that occupation, as a result of criminal, civil
Delete statement
that is not
                       or disciplinary proceedings in any participating jurisdiction
relevant            or
                   I certify that my registration is subject to the special conditions specified on
                       Form 3.

                   • I give consent to the making of inquiries, and the exchange of information
                     with the authorities of any participating jurisdictions regarding my activities in
                     the relevant occupation or otherwise regarding matters relevant to the notice.




       Dated                                                             ______________________________
                                                                                   (Signature of applicant)




       Form 2
                                                                                                   Nov 2004
              AUSTRALIA:                                                                   NEW ZEALAND:

              TRANS-TASMAN             TRANS-TASMAN MUTUAL                                 TRANS-TASMAN
              MUTUAL                                                                       MUTUAL
              RECOGNITION ACT         RECOGNITION AGREEMENT                                RECOGNITION ACT
              1997                                                                         1997




                DECLARATION OF SPECIAL CONDITIONS FOR CURRENT
               REGISTRATION AS A PATENT ATTORNEY REQUIRED UNDER
               THE TRANS-TASMAN MUTUAL RECOGNITION AGREEMENT


              Note: This form only needs to be completed where special conditions apply.

Delete
country not   My existing registration as a Patent Attorney in Australia/New Zealand is subject to the
applicable    following special conditions:




              Dated                                                 ____________________________
                                                                        (Signature of Applicant)




              Form 3
                                                                                                Nov 2004
AUSTRALIA:                                                                   NEW ZEALAND:

TRANS-TASMAN
MUTUAL
                             TRANS-TASMAN MUTUAL                             TRANS-TASMAN
                                                                             MUTUAL
RECOGNITION ACT             RECOGNITION AGREEMENT                            RECOGNITION ACT
1997                                                                         1997


 INFORMATION FOR APPLICANT SEEKING REGISTRATION AS
   A PATENT ATTORNEY UNDER THE PROVISIONS OF THE
    TRANS-TASMAN MUTUAL RECOGNITION AGREEMENT
INFORMATION FOR APPLICATION FOR                    INFORMATION FOR APPLICATION FOR
   REGISTRATION IN AUSTRALIA                        APPLICATION FOR REGISTRATION IN
                                                             NEW ZEALAND

Form of Application                                Form of Application
Applicants must complete Form 1 and Form 2         Applicants must complete Form 1 and Form 2
(and Form 3 where applicable) and provide a        (and Form 3 where applicable) and provide a
statutory declaration in the form acceptable to    statutory declaration in the form acceptable to
Australia (refer the Statutory Declarations Act    New Zealand (refer the Oaths and Declarations
1959) stating that the information contained in    Act 1957) stating that the information contained
the application is true and correct.               in the application is true and correct.

                                                   Legislation:
Legislation:                                               Patents Act 1953
      Patents Act 1990 - Chapter 20                        Patents Regulations 1954
      Patents Regulations - Chapter 20                     Trans-Tasman Mutual Recognition
      Trans-Tasman Mutual Recognition                      Act 1997 - Part 3
         Act 1997 - Part 3
Application to be sent to:                         Application to be sent to:
      Professional Standards Board for Patent             The Commissioner of Patents
      and Trade Marks Attorneys                           Intellectual Property Office of New
      IP Australia                                        Zealand
      Discovery House                                     330 High Street
      47 Bowes Street                                     PO Box 30 687
      (PO Box 200)                                        Lower Hutt
      WODEN ACT 2600                                      NEW ZEALAND
      AUSTRALIA

Fees for registration:                             Fees for registration:
      Initial application fee                              On making an application for
                                 AU$200.00*                registration            NZ$65.00*
                                                           Plus
      Annual Renewal fee due on                            Annual registration fee
      1 July each year                                                             NZ$65.00*
                               AU$350.00*
                                                   Note: All fees should accompany the
Note: Fees should be paid in Australian Dollars.   application and be paid in New Zealand Dollars.
Cheques and money orders should be made            Cheques and money orders should be made
payable to “IP Australia”.                         payable to “Intellectual Property Office of New
                                                   Zealand”.

*       Fees may be subject to variation from      *       Fees may be subject to variation from
        time to time in accordance with changes            time to time in accordance with changes

                                                                                  Nov 2004
        to the Patents Regulations of either                to the Patents Regulations of either
        country.                                            country.

Period of Registration:                             Period of Registration:

The Patents Regulations provide that renewals       The Patents Regulations provide that renewals
are effected from 1 July each year and fees are     are effected annually.
payable within 14 days.
                                                    Renewal notices will be sent.
Renewal notices will be sent.

Right to practice:                                  Right to practice:

The Trans-Tasman Mutual Recognition Act             The Trans-Tasman Mutual Recognition Act
1997 provides that after lodging the application    1997 provides that after lodging the application
a person is deemed to be registered until the       a person is deemed to be registered until the
registration is granted or refused.                 registration is granted or refused.

Address for service:                                Address for service:

The Trans-Tasman Mutual Recognition Act             The Trans-Tasman Mutual Recognition Act
1997 does not change any requirements for a         1997 does not change any requirements for a
local address for service when applying for         local address for service when applying for
patents, trade marks and designs.                   patents, trade marks and designs.

Legislative requirements for registration           Legislative requirements for registration

Registration is based on the equivalent             Registration is based on the equivalent
registration in New Zealand and voids               registration in Australia and voids New Zealand
Australian legislative requirements such as         legislative requirements relating to citizenship.
Australian citizenship.

Implications of privacy legislation                 Implications of privacy legislation

The information sought under the Trans-             The information sought under the Trans-
Tasman Mutual Recognition Act 1997 relates to       Tasman Mutual Recognition Act 1997 relates to
the applicant’s current registration in New         the applicant’s current registration in Australia
Zealand and includes advice on any possible,        and includes advice on any possible, pending or
pending or future disciplinary action against the   future disciplinary action against the applicant.
applicant. This information will be used for the    This information will be used for the purpose of
purpose of considering eligibility for and          considering eligibility for and registration of the
registration of the applicant.                      applicant.

Personal information provided that will appear      Personal information provided that will appear
on the register, ie the full name and address of    on the register, ie the full name and address of
the applicant will be open to public inspection     the applicant will be open to public inspection
after registration.                                 after registration.




                                                                                     Nov 2004
AUSTRALIA:                                                                  NEW ZEALAND:

TRANS-TASMAN
MUTUAL
                          TRANS-TASMAN MUTUAL                               TRANS-TASMAN
                                                                            MUTUAL
RECOGNITION ACT          RECOGNITION AGREEMENT                              RECOGNITION ACT
1997                                                                        1997



              FORM OF STATUTORY DECLARATION FOR
                         NEW ZEALAND


Insert name     I,                           of
and address
                solemnly and sincerely declare that the information contained in the
                Written Notice Seeking Registration and the Declaration for Application
                for Registration as a Patent Attorney under the Trans-Tasman Mutual
                Recognition Agreement is true and correct.


                And I make this solemn declaration conscientiously believing the same to
                be true and by virtue of the Oaths and Declarations Act 1957.


                Declared at                  this          day of                19




                __________________________

                (Signature of Applicant)




                __________________________

                (Signature of person authorised under Oaths and Declarations Act 1957
                to take a statutory declaration).




                                                                                 Nov 2004
               AUSTRALIA:                                                                                                                  NEW ZEALAND:

               TRANS-TASMAN
               MUTUAL
                                                        TRANS-TASMAN MUTUAL                                                                TRANS-TASMAN
                                                                                                                                           MUTUAL
               RECOGNITION ACT                         RECOGNITION AGREEMENT                                                               RECOGNITION ACT
               1997                                                                                                                        1997



                                       FORM OF STATUTORY DECLARATION FOR
                                                   AUSTRALIA
(1) Here insert name,          (1)
address and
occupation of person
making the
                          I,
declaration.
                          do solemnly and sincerely declare(2)

(2) Here insert matter
declared to. Where the
matter is long, add
words ‘as follows:’
and then set the matter
out in numbered
paragraphs.




                          I make this solemn declaration by virtue of the Statutory Declarations Act 1959 as amended and
                          subject to the penalties provided by that Act for the making of false statements in statutory
                          declarations, conscientiously believing the statements contained in this declaration to be true in
                          every particular.
                                                                                                                (3)
(3) Signature of                                                                                                      ...................................................
person making the
declaration
                                 Declared at

                          on                                                            , 19       ,

                          before me,
                                                                                                                (4)
                                                                                                                      ...................................................
(4) Signature of
person before whom
the declaration is                                                                                              (5)
made.                                                                                                                 ...................................................

(5) Here insert printed
name, qualification
                                                                                                                      ...................................................
and address of person
before whom the
declaration is made.                                                                                                  ...................................................

                                                                                                                      ...................................................

                          NOTE 1. A person who wilfully makes a false statement in a statutory declaration under the Statutory Declarations Act 1959 as
                          amended is guilty of an offence against that Act, the punishment for which is imprisonment for a term of four years.


                                     PERSONS BEFORE WHOM A STATUTORY DECLARATION MAY BE MADE LISTED OVERLEAF




                                                                                                                                                   Nov 2004
NOTE 2. A statutory declaration under the Statutory Declarations Act 1959 as amended may be made before

Part 1 Members of Certain Professions

Chiropractor
Dentist
Legal practitioner
Medical practitioner
Nurse
Patent attorney
Pharmacist
Veterinary surgeon

Part 2-Other Persons

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
Australian Consular Officer, or Australian Diplomatic Officer, (within the meaning of the Consular Fees Act 1985)
Bailiff
Bank officer with 5 or more continuous years of service
Building society officer with 5 or more years of continuous service
Chief executive officer of a Commonwealth court
Civil marriage celebrant
Clerk of a court
Commissioner for Affidavits
Commissioner for Declarations
Credit union officer with 5 or more years of continuous service
Holder of a statutory office not specified in another item in this Part
Judge of a court
Justice of the Peace
Magistrate
Master of a court
Member of the Australian Defence Force who is:

   (a)     an officer; or
   (b)     a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more
           years of continuous service; or
    (c) warrant officer within the meaning of that Act
Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising
Accountants or the National Institute of Accountants
Member of the Institute of Corporate Managers, Secretaries and Administrators
Member of the Institution of Engineers, Australia, other than at the grade of student
Member of:
    (a) the Parliament of the Commonwealth; or
    (b) the Parliament of a State; or
    (c) a Territory legislature; or
    (d) a local government authority of a State or Territory
Minister of religion registered under Division 1 of Part IV of the Marriage Act 1961
Notary public
Permanent employee of:
    (a) the Commonwealth or of a Commonwealth authority; or
    (b) a State or Territory or of a State or Territory authority; or
    (c) a local government authority;
    with 5 or more years of continuous service who is not specified in another item in this Part
Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed
  in an office supplying postal services to the public
Person before whom a statutory declaration may be made under the law of the State or Territory in which the
declaration is made
Police officer
Registrar, or Deputy Registrar, of a court
Senior Executive Service officer of the Commonwealth, or of a State or Territory, or of a Commonwealth, State or
  Territory authority
Sheriff
Sheriff's officer
Teacher employed on a full-time basis at a school or tertiary education institution




                                                                                                          Nov 2004

								
To top