Review of the regulatory regime for patent attorneys : a report to the Hon Peter J. McGauran MP, Minister for Science and Technology
- Bib ID:
- 2929019
- Format:
- Book
- Description:
-
- [Canberra : AGPS], 1996
- xxvii, 150 p. : ill. ; 25 cm.
- Summary:
-
Terms of reference: Consider and report on the appropriateness of the existing regulatory regime for professional practice, under the Patents Act 1990, the Trade marks Act 1995 and the Designs Act 1906.
- Full contents:
-
- 1. Introduction
- 1.1. Terms of reference
- 1.2. The reasons for the review
- 1.3. The specific regulations affecting the patent attorney profession
- 1.4. The Hilmer Report and the Competition Principles Agreement
- 1.5. The Trans Tasman Mutual Recognition Agreement
- 1.6. The regulation of other professions in Australia
- 1.7. Emerging key issues
- 1.8. The conduct of the review
- 1.9. The structure of the report
- 2. The role of the patent attorney
- 2.1. The role of the patent attorney in innovation
- 2.2. What do patent attorneys do?
- 2.2.1. Drafting specifications
- 2.2.2. Support systems
- 2.2.3. Export of services
- 2.2.4. International patent activity
- 2.2.5. Trade marks
- 2.2.6. Designs
- 2.2.7. Search services
- 2.2.8. Preparation for litigation cases
- 2.2.9. Strategic advice
- 2.3. Links between patents, trade marks and design services
- 3. The existing infrastructure
- 3.1. The Australian Industrial Property Organisation (AIPO)
- 3.2. The Patent Attorneys Professional Standards Board (PAPSB)
- 3.3. Relationship between PAPSB and the Institute of patent Attorneys of Australia
- 3.4. The costs of patenting
- 3.5. The interface between government and the intellectual property system
- 4. The markets and competition
- 4.1. The market for patent services
- 4.1.1. The clients
- 4.1.2. The service providers
- 4.2. The extent of competition in patent services
- 4.2.1. Barriers to entry
- 4.2.2. Recommended fee scales and advertising restrictions
- 4.2.3. Import competition
- 4.2.4. Profitability and prices
- 4.2.5. The extent of competition in patent services - a summary view
- 4.3. The market for trade mark and design services
- 4.3.1. The clients
- 4.3.2. The service providers
- 4.4. The extent of competition in trade marks and designs services
- 5. The appropriateness of the current regulatory regime
- 5.1. Patent services - differing views on regulation
- 5.2. The potential costs of departing from the present regulatory regime for patent services
- 5.2.1. The availability of information
- 5.2.2. Client risk
- 5.2.3. Effects on Australia's income from abroad
- 5.2.4. The likely effects on patent office costs
- 5.3. The potential benefits of deregulation
- 5.4. Balancing the costs and benefits - The Committee's assessment of the Regulatory regime for patents
- 5.4.1. Section 201(7) of the Patents Act 1990
- 5.4.2. The titles "Patent Attorney" and "Patent Agent"
- 5.5. The regulatory regime for trade marks
- 5.6. The regulatory regime for designs
- 5.7. The proposed regulatory regime - a summary view
- 5.8. The administration of the proposed regulatory system
- 6. Education and training of patent attorneys
- 6.1. The patent attorney examination system
- 6.1.1. Administration of the current examination system
- 6.1.2. The role of the universities
- 6.1.3. Exemptions from examinations
- 6.2. Current education and training in trade marks and designs
- 6.3. A revised examination system
- 6.4. The "One-year" requirement
- 6.5. The technical qualification
- 6.6. Education and training in other regulated professions in Australia
- 6.7. The New Education and Examination Committee
- 6.8. Continuing education
- 6.9. A summary of the future requirements for registration as a patent attorney
- 7. The structure of patent attorney firms
- 7.1. Mixed partnerships
- 7.2. Company structures
- 7.3. A note on professional indemnity
- 7.4. Effects of Section 201 on Corporate Entities
- 7.5. Other regulatory issues
- 7.5.1. On the topic of privilege
- 7.5.2. On the topic of representation in court
- 8. Professional conduct and discipline
- 8.1. Existing disciplinary arrangements
- 8.1.1. The role of PAPSB in disciplinary matters
- 8.1.2. The patent attorneys disciplinary tribunal
- 8.1.3. Appeal of decisions by PAPSB
- 8.2. The role of the IPAA
- 8.3. An alternative structue to administer the code of conduct and discipline of the patent attorney profession
- 8.3.1.Options for change
- 8.3.2. Matters relation to conduct
- 8.3.3. Application of the code of conduct
- 9. The Trans Tasman Mutual Recognition Agreement
- 9.1. History of the Trans Tasman Mutual Recognition Agreement
- 9.2. Clauses relating to registered occupations
- 9.3. Potential consequences for the patent attorney profession - either side of the Tasman
- 10. Australia's international role and obligations in industrial property protection
- 10.1. The potential for developing a harmonised international patent system
- 10.2. The impact of international trends on the professional service providers
- 10.3. The Patent Cooperation Treaty (PCT)
- 10.4. The potention for harmonisation of patent attorney practice in the Asian region
- Appendix 1. A short history of intellectual property protection in Australia
- Appendix 2. Regulation of professions in Australia
- Appendix 3. Types of patent
- Appendix 4. On the topic of privilege
- Appendix 5. List of submissions received.
- Notes:
-
- Committee for the Review of the Patent Attorney Profession; executive officer Alan J. Jones.
- Includes bibliographical references (pp. 146-150)
- Subject:
- Other authors/contributors:
- Jones, Alan J
- Copyright:
-
In Copyright
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- Reason for copyright status:
- Until 2046 [Created/Published Date + 50 Years]
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- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1996
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