Commonwealth: Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth)

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 No. 77, 2018 Compilation No. 1 Compilation date: 1 September 2021 Includes amendments up to: Act No. 13, 2021 Registered: 7 November 2021 About this compilation This compilation This is a compilation of the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Responses to the Productivity Commission Part 1—Parallel importation Division 1—Amendments Copyright Act 1968 Trade Marks Act 1995 Division 2—Saving and application provisions Part 2—PBR in essentially derived varieties Plant Breeder's Rights Act 1994 Part 3—Period to apply for removal of trade marks from Register for non‑use Trade Marks Act 1995 Part 4—Notification of extension of standard patents relating to pharmaceutical substances Patents Act 1990 Schedule 2—Other measures Part 1—Amending trade mark applications—non‑legal persons Trade Marks Act 1995 Part 2—Written requirements Division 1—Amendments Designs Act 2003 Patents Act 1990 Plant Breeder's Rights Act 1994 Trade Marks Act 1995 Division 2—Application and saving provisions Part 3—Filing requirements Division 1—Amendments Designs Act 2003 Patents Act 1990 Plant Breeder's Rights Act 1994 Trade Marks Act 1995 Division 2—Application, saving and transitional provisions Part 4—Signatures Patents Act 1990 Part 5—Computerised decision‑making Designs Act 2003 Patents Act 1990 Plant Breeder's Rights Act 1994 Trade Marks Act 1995 Part 6—Addresses and service of documents Plant Breeder's Rights Act 1994 Part 7—Requirements for patent documents Patents Act 1990 Part 8—Unjustified threats of infringement Division 1—Amendments Designs Act 2003 Olympic Insignia Protection Act 1987 Patents Act 1990 Plant Breeder's Rights Act 1994 Trade Marks Act 1995 Division 2—Application and saving provisions Part 9—Ownership of PBR and entries in the Register Plant Breeder's Rights Act 1994 Part 10—Trade mark oppositions Trade Marks Act 1995 Part 11—Further power to award damages under the Plant Breeder's Rights Act Plant Breeder's Rights Act 1994 Part 12—Exclusive licensees in the Plant Breeder's Rights Act Plant Breeder's Rights Act 1994 Part 13—Publishing personal information of registered patent or trade marks attorneys Division 1—Amendments Patents Act 1990 Trade Marks Act 1995 Division 2—Application provisions Part 14—Secretary's role in the Plant Breeder's Rights Act Plant Breeder's Rights Act 1994 Part 15—Seizure notices Division 1—Amendments Copyright Act 1968 Olympic Insignia Protection Act 1987 Trade Marks Act 1995 Division 2—Application provisions Part 16—Prosecutions Division 1—Amendments Patents Act 1990 Trade Marks Act 1995 Division 2—Application provision Part 17—Updating references to Designs Act Olympic Insignia Protection Act 1987 Part 18—Removing certain references to New Zealand Patents Act 1990 Part 19—International Convention for the Protection of New Varieties of Plants Plant Breeder's Rights Act 1994 Part 20—Other amendments Patents Act 1990 Plant Breeder's Rights Act 1994 Part 21—Repeals of Acts Patents Amendment (Patent Cooperation Treaty) Act 1979 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend legislation relating to intellectual property, and for related purposes 1 Short title This Act is the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 24 August 2018 2. Schedule 1, Part 1 The day after this Act receives the Royal Assent. 25 August 2018 3. Schedule 1, Parts 2 and 3 A single day to be fixed by Proclamation. 24 February 2019 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, Part 4 The day after this Act receives the Royal Assent. 25 August 2018 5. Schedule 2, Part 1 The day after this Act receives the Royal Assent. 25 August 2018 6. Schedule 2, Parts 2 and 3 At the same time as the provisions covered by table item 3. 24 February 2019 7. Schedule 2, Parts 4 and 5 The day after this Act receives the Royal Assent. 25 August 2018 8. Schedule 2, Parts 6 to 12 At the same time as the provisions covered by table item 3. 24 February 2019 9. Schedule 2, Part 13 The day after this Act receives the Royal Assent. 25 August 2018 10. Schedule 2, Part 14 At the same time as the provisions covered by table item 3. 24 February 2019 11. Schedule 2, Parts 15 to 21 The day after this Act receives the Royal Assent. 25 August 2018 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Responses to the Productivity Commission Part 1—Parallel importation Division 1—Amendments Copyright Act 1968 1 Section 198A Repeal the section. Trade Marks Act 1995 2 After section 122 Insert: 122A Exhaustion of a registered trade mark in relation to goods (1) In spite of section 120, a person who uses a registered trade mark in relation to goods does not infringe the trade mark if: (a) the goods are similar to goods in respect of which the trade mark is registered; and (b) before the time of use, the person had made reasonable inquiries in relation to the trade mark; and (c) at the time of use, a reasonable person, after making those inquiries, would have concluded that the trade mark had been applied to, or in relation to, the goods by, or with the consent of, a person (a relevant person) who was, at the time of the application or consent (as the case may be): (i) the registered owner of the trade mark; or (ii) an authorised user of the trade mark; or (iii) a person permitted to use the trade mark by the registered owner; or (iv) a person permitted to use the trade mark by an authorised user who has power to give such permission under paragraph 26(1)(f); or (v) a person with significant influence over the use of the trade mark by the registered owner or an authorised user; or (vi) an associated entity (within the meaning of the Corporations Act 2001) of a relevant person mentioned in subparagraph (i), (ii), (iii), (iv) or (v). Note 1: For goods that are similar, see subsection 14(1). Note 2: For subparagraph (c)(iv), an authorised user may, under paragraph 26(1)(f), subject to any agreement the authorised user has with the registered owner, permit another person to apply the trade mark to, or in relation to, goods in respect of which the trade mark is registered. (2) A reference in paragraph (1)(c) to consent to the application of a trade mark to, or in relation to, goods includes, without limitation, a reference to: (a) consent subject to a condition (for example, a condition that the goods are to be sold only in a foreign country); and (b) consent that can be reasonably inferred from the conduct of a relevant person. (3) In determining whether a relevant person mentioned in subparagraph (1)(c)(iii) or (iv) was permitted to use the trade mark, disregard how that permission arose, for example: (a) whether it arose directly or indirectly; or (b) whether it arose by way of proprietary interest, contract, arrangement, understanding, a combination of those things, or otherwise. (4) In determining whether a relevant person mentioned in subparagraph (1)(c)(v) had significance influence over the use of a trade mark, disregard how that influence arose, for example: (a) whether it arose directly or indirectly; or (b) whether it arose by way of proprietary interest, contract, arrangement, understanding, a combination of those things, or otherwise. 3 Section 123 (heading) Repeal the heading, substitute: 123 Services to which registered trade mark has been applied by or with consent of registered owner 4 Subsection 123(1) Repeal the subsection. 5 Subsection 123(2) Omit "(2)". Division 2—Saving and application provisions 6 Saving and application provisions Copyright (1) Despite the repeal of section 198A of the Copyright Act 1968 by this Part, that section continues to apply in relation to proceedings begun under that Act before the commencement of this item. Trade marks (2) The amendments of the Trade Marks Act 1995 made by this Part apply in relation to an action for the infringement of a trade mark begun on or after the commencement of this item, even if the infringement of the trade mark is alleged to have occurred before that commencement. Part 2—PBR in essentially derived varieties Plant Breeder's Rights Act 1994 7 Subsection 3(1) Insert: commercial‑in‑confidence has the meaning given by subsection 41B(4). essentially derived, in relation to a plant variety, has the meaning given by section 4. 8 Subsection 3(1) (at the end of the definition of grantee) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 9 Subsection 3(1) Insert: hearing period has the meaning given by subsection 41C(3). 10 Section 4 (heading) Repeal the heading, substitute: 4 Definition of essentially derived 11 Section 4 Omit "taken to be an essentially derived", substitute "an essentially derived". 12 At the end of section 4 Add: Note: For declarations of essential derivation, see sections 40 and 41D. 13 Section 12 Repeal the section, substitute: 12 Extension of PBR to cover essentially derived varieties Subject to section 23 (exhaustion of PBR), if PBR is granted in a plant variety (the initial variety), and a declaration is made that another plant variety is essentially derived from the initial variety, the right granted in the initial variety extends, with effect from the date of declaration, to that other plant variety. Note: For declarations of essential derivation, see sections 40 and 41D. 14 Paragraph 22(5)(b) Omit "under section 40". 15 At the end of subsection 22(5) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 16 At the end of subsection 23(2) Add: Note: For declarations of essential derivation to which this subsection applies, see section 40. 17 Subparagraph 34(4)(b)(ii) After "section 41", insert "or 41E (both of which deal with test growing of essentially derived varieties)". 18 Section 40 (heading) Repeal the heading, substitute: 40 Essential derivation for PBR‑protected varieties—declaration 19 Subsections 40(1) and (2) Repeal the subsections, substitute: (1) A person (an eligible person) may make an application under subsection (1A) if the person is: (a) the grantee of PBR in a plant variety; or (b) an exclusive licensee of such a grantee. (1A) An eligible person in relation to a plant variety (the initial variety) may apply in writing to the Registrar for a declaration that another variety (the second variety) is essentially derived from the initial variety if: (a) another person is the grantee of, or has applied for, PBR in the second variety; and (b) the eligible person is satisfied that the second variety is essentially derived from the initial variety; and (c) the initial variety has not itself been declared (under section 40 or 41D) to be essentially derived from another variety in which PBR has been granted. Note 1: If the breeder of the second variety has not applied for, or been granted, PBR in the second variety, an eligible person may apply under section 41A for a declaration that the second variety is essentially derived from the initial variety. Note 2: If an application for PBR in the second variety is made after an application is made under section 41A in relation to that variety, the application under section 41A may be treated as if it were an application under this section (see section 41F). (1B) The Registrar must notify the application under subsection (1A) to each eligible person in relation to the initial variety other than the applicant. (1C) If an eligible person in relation to a plant variety (the initial variety) applies for a declaration under subsection (1A) in relation to another plant variety (the second variety), that does not prevent another eligible person in relation to the initial variety also applying for a declaration under that subsection in relation to the second variety. (2) Nothing in this section implies that an eligible person in relation to a plant variety (the initial variety) may not, in relation to an application by another person for PBR in another plant variety (the second variety) that has been accepted but not finally determined: (a) make an objection, under section 35, to the granting of PBR in the second variety; and (b) in the alternative, if PBR is granted to another person in the second variety—apply under subsection (1A) for a declaration that the second variety is essentially derived from the initial variety. 20 Subsection 40(6) Repeal the subsection, substitute: (6) If the initial variety has itself been declared to be essentially derived from another variety, the Registrar must: (a) refuse to declare the second variety essentially derived from the initial variety; and (b) notify each eligible person in relation to the initial variety (including the applicant) of the refusal and the reasons for it. 21 Subsection 40(9) Repeal the subsection, substitute: (9) If the Registrar is not satisfied of that prima facie case, the Registrar must notify each eligible person in relation to the initial variety (including the applicant) that the Registrar is not so satisfied, and of the reasons for not being so satisfied. 22 Paragraph 40(10)(e) Repeal the paragraph, substitute: (e) notify each eligible person in relation to the initial variety (including the applicant) of the declaration; and 23 Paragraph 40(11)(a) Repeal the paragraph, substitute: (a) notify each eligible person in relation to the initial variety (including the applicant) that he or she is so satisfied, and of the reasons for being so satisfied; and 24 Subsection 40(12) After "a declaration", insert "under this section". 25 At the end of section 40 (before the note) Add: Note 1: Section 19 requires the grantee of PBR in a plant variety to take reasonable steps to ensure reasonable public access to the plant variety. 26 Section 40 (note) Omit "Note", substitute "Note 2". 27 Section 41 (heading) Repeal the heading, substitute: 41 Essential derivation for PBR‑protected varieties—test growing 28 Subsection 41(1) Repeal the subsection, substitute: (1) This section applies if: (a) an eligible person applies for a declaration under section 40 in relation to a plant variety (the initial variety) that another plant variety (the second variety) is essentially derived from the initial variety; and (b) in the course of that application the applicant establishes a prima facie case that the second variety is essentially derived from the initial variety. (1A) On the basis of information supplied by the applicant and the grantee of PBR in the second variety, the Registrar may decide that a test growing or further test growing is required to determine whether the prima facie case has been rebutted. Note: A decision to require a test growing is reviewable by the AAT under section 77. (1B) The Registrar must notify the decision to each of the following: (a) the applicant; (b) the grantee of PBR in the second variety. 29 Paragraph 41(2)(a) Omit "grantee of PBR in the initial variety", substitute "applicant". 30 Subsection 41(5) After "further test growing", insert "under this section". 31 At the end of Part 3 Add: 41A Essential derivation for non‑PBR‑protected second varieties—application for declaration Circumstances in which application may be made (1) A person (an eligible person) may make an application under subsection (2) if the person is: (a) the grantee of PBR in a plant variety; or (b) an exclusive licensee of such a grantee. (2) An eligible person in relation to a plant variety (the initial variety) may apply in writing to the Registrar for a declaration under section 41D that another variety (the second variety) is essentially derived from the initial variety if: (a) PBR has not been applied for, or granted, in the second variety; and (b) the eligible person is satisfied that the second variety is essentially derived from the initial variety; and (c) the initial variety has not itself been declared (under section 40 or 41D) to be essentially derived from another variety in which PBR has been granted. Content of application (3) The application must: (a) be in the approved form; and (b) be accompanied by such fee (if any) as is prescribed by the regulations in respect of the application. (4) Without limiting what the approved form may require, the application must contain: (a) such information as is required by the form that is relevant to establishing, on the balance of probabilities, that the second variety is: (i) essentially derived from the initial variety; and (ii) a registrable plant variety within the meaning of section 43; and (b) either: (i) such information as is required by the form that is necessary to enable the Registrar to notify the application to the person (or persons) the applicant reasonably believes to be the breeder of the second variety; or (ii) evidence that the applicant cannot comply with subparagraph (i), despite taking reasonable steps to obtain the information mentioned in that subparagraph. (5) The Registrar must refuse to consider the application if satisfied that the applicant has failed to comply with subparagraph (4)(b)(i), unless the Registrar is satisfied that the applicant, after taking reasonable steps to obtain the information mentioned in that subparagraph, cannot do so. Note: A decision under this subsection is reviewable by the AAT under section 77. Notifying other eligible persons and the breeder of the second variety (6) The Registrar must notify an application to: (a) each eligible person in relation to the initial variety other than the applicant; and (b) if the application includes sufficient information for the Registrar to do so—the person (or persons) the applicant reasonably believes to be the breeder of the second variety. (7) The notification of the application must include a statement to the effect that the application has been, or will be, published in the Plant Varieties Journal under subsection 41B(1). Multiple applications (8) If an eligible person in relation to a plant variety (the initial variety) applies for a declaration under subsection (2) in relation to another plant variety (the second variety), that does not prevent another eligible person in relation to the initial variety also applying for a declaration under that subsection in relation to the second variety. 41B Essential derivation for non‑PBR‑protected varieties—publication of applications (1) As soon as practicable after an application under section 41A is made, the Registrar must publish a notification of the application in the Plant Varieties Journal including information about the applicant and the application, and any related information, prescribed by the regulations. (2) At any time or times before making a decision on the application, the Registrar may publish further notification of the application in the Plant Varieties Journal, including information (or updated information) about the matters prescribed by regulations made for the purposes of subsection (1). (3) However, the Registrar must not publish any information in a notification under subsection (1) or (2) if the Registrar is satisfied that the information is commercial‑in‑confidence. Note: A decision not to publish information for this reason is reviewable by the AAT under section 77. (4) Information is commercial‑in‑confidence if the applicant demonstrates to the Registrar that: (a) release of the information would cause competitive detriment to the applicant; and (b) the information is not in the public domain; and (c) the information is not required to be disclosed under another Australian law; and (d) the information is not readily discoverable. (5) However, this section does not apply if the Registrar refuses to consider an application under subsection 41A(5). Note: Subsection 41A(5) requires the Registrar to refuse to consider an application if the applicant does not include sufficient information to enable the person (or persons) the applicant reasonably believes to be the breeder of the second variety to be notified, unless the Registrar is satisfied that the applicant took reasonable steps to obtain such information. 41C Essential derivation for non‑PBR‑protected varieties—opportunity to be heard Opportunity to be heard for interested persons (1) Before making a decision in relation to an application under section 41A for a declaration under section 41D that a plant variety (the second variety) is essentially derived from another plant variety, the Registrar must give an opportunity to be heard under this section to the following persons (each of whom is an interested person): (a) a person notified under paragraph 41A(6)(b); (b) another person who claims to have an interest in the second variety. Note: Paragraph 41A(6)(b) provides for the Registrar to notify a person (or persons) the applicant reasonably believes to be the breeder of the second variety. (2) Subsection (1) only applies if the interested person gives the Registrar an address for service in Australia or New Zealand within the hearing period. (3) The hearing period is the period of 2 months after: (a) if the Registrar notifies the application to a person (or persons) under paragraph 41A(6)(b)—the later of the following days: (i) the day the application is notified; (ii) the day notification of the application is last published in the Plant Varieties Journal; or (b) if the Registrar does not notify the application to a person (or persons) under paragraph 41A(6)(b)—the day notification of the application is last published in the Plant Varieties Journal. Note: The hearing period is the minimum period for considering the application (see subsection 41D(5)). Information given in accordance with the opportunity to be heard (4) For the purposes of section 41D, information is given by an interested person in accordance with the person's opportunity to be heard if the information is given in accordance with regulations prescribed for the purposes of this subsection. (5) Regulations made for the purposes of subsection (4) may, without limiting that subsection, include reasonable requirements in relation to the following: (a) the giving of written information at the request of the Registrar; (b) the giving of oral information at a hearing convened by the Registrar; (c) when, where and in what circumstances such a hearing may be convened; (d) the practice and procedure for any such hearings, including provision for the Registrar to determine such practice and procedure (whether generally or in relation to a particular hearing); (e) the payment of any fees that are prescribed by the regulations in relation to the opportunity to be heard. Interested person declines the opportunity to be heard (6) For the purposes of section 41D, an interested person declines the opportunity to be heard if the person: (a) gives the Registrar notice that the person does not want to be heard; or (b) fails to give any information in accordance with the person's opportunity to be heard under subsection (4). 41D Essential derivation for non‑PBR‑protected varieties—declaration Making the decision (1) On an application under section 41A for a declaration under this section that a plant variety (the second variety) is essentially derived from another plant variety (the initial variety), the Registrar may: (a) declare in writing that the second variety is essentially derived from the initial variety; or (b) refuse to make such a declaration. Note 1: A decision under this section is reviewable by the AAT under section 77. Note 2: The Registrar must refuse to make a declaration under this section if the applicant fails to comply with a requirement under paragraph 41E(3)(a) in relation to a test growing. Note 3: The Registrar must not make a decision under this section if an application for PBR in the second variety is made under section 24 (see section 41F). (2) The Registrar must make a declaration under subsection (1) if, and only if: (a) he or she is satisfied on the balance of probabilities that the second variety is: (i) essentially derived from the initial variety; and (ii) a registrable plant variety within the meaning of section 43; and (b) the initial variety is not itself declared (under section 40 or this section) to be essentially derived from another plant variety. (3) In deciding whether to make a declaration under subsection (1), the Registrar must consider the following: (a) the information in the application; (b) any information given by an interested person in accordance with the person's opportunity to be heard under subsection 41C(4); (c) any information obtained in a test growing conducted in accordance with section 41E; (d) any other relevant information. (4) For the purposes of making the decision, the Registrar may draw an inference that is unfavourable to the interests of an interested person (within the meaning of section 41C) if the person, within the hearing period: (a) does not give the Registrar an address for service for the purposes of subsection 41C(2); or (b) declines the opportunity to be heard under subsection 41C(6). Time for making decision (5) The Registrar must not make a decision in relation to the application before the end of the hearing period. Note: For the hearing period, see subsection 41C(3). Notification of decision (6) If the Registrar makes a decision under subsection (1), the Registrar must notify the decision to the following: (a) each eligible person within the meaning of section 41A (including the applicant); (b) each interested person who is required to be given an opportunity to be heard under subsection 41C(1). (7) A notification under subsection (6) must include: (a) a statement of reasons for the decision; and (b) a statement to the effect that, subject to the AAT Act, application may be made to the AAT for review of the decision to which the notice relates by or on behalf of a person or persons whose interests are affected by the decision. Effect of declaration—reasonable public access (8) While a declaration under this section that the second variety is essentially derived from the initial variety remains in force, section 19 applies in relation to the second variety as if the reference in subsection 19(4) to 2 years after the grant of PBR were a reference to 2 years after the declaration was made. Note: Section 19 requires the grantee of PBR in a plant variety to take reasonable steps to ensure reasonable public access to the plant variety. 41E Essential derivation for non‑PBR‑protected varieties—test growing (1) For the purposes of considering an application under section 41A for a declaration under section 41D that a plant variety (the second variety) is essentially derived from another plant variety (the initial variety), the Registrar may conduct a test growing or further test growing to determine whether, on the balance of probabilities, the second variety is: (a) essentially derived from the initial variety; and (b) a registrable plant variety within the meaning of section 43. Note: A decision under this section is reviewable by the AAT under section 77. (2) The Registrar must notify a decision to conduct a test growing to: (a) the applicant; and (b) each interested person who is required to be given an opportunity to be heard under subsection 41C(1). (3) To enable the Registrar to arrange a test growing, the notification must require: (a) the applicant, within a reasonable period specified in the notification, to supply the Registrar with sufficient plants or sufficient propagating material of plants of the initial variety, and with any necessary information; and (b) each interested person notified under paragraph (2)(b), within a reasonable period specified in the notification, to supply the Registrar with sufficient plants or sufficient propagating material of plants of the second variety, and with any necessary information. (4) The notification must include a statement of the effect of subsections (5) to (8). (5) Despite subsection 41D(2), the Registrar must, under paragraph 41D(1)(b), refuse to make the declaration applied for if the applicant fails to comply with a requirement under paragraph (3)(a) of this section. (6) For the purposes of making a decision under subsection 41D(1) in relation to the application, the Registrar may draw an inference that is unfavourable to the interests of a person notified under paragraph (2)(b) of this section if the person fails to comply with a requirement under paragraph (3)(b) of this section. (7) After completion of the test growing, the Registrar must ensure that any propagating material of a variety used in, or resulting from, the test growing that is capable of being transported is delivered to the person by whom propagating material of that variety was supplied for the purpose of the test growing. (8) The applicant must pay all costs associated with the test growing. 41F Essential derivation for non‑PBR‑protected varieties—application lodged for PBR in second variety Decision to treat application under section 41A as an application under section 40 (1) The Registrar must decide to treat an application under section 41A for a declaration under section 41D that a plant variety (the second variety) is essentially derived from another variety (the initial variety) as an application under section 40 in relation to those plant varieties if: (a) an application for PBR in a plant variety (the PBR application) is made under section 24; and (b) the Registrar is satisfied that the plant variety in relation to which the PBR application is made is the same as the second variety. Note: Section 40 provides for a declaration that a plant variety (the second variety) is essentially derived from another plant variety (the initial variety) if PBR has been applied for, or granted, in relation to the second variety. Effect of decision (2) If the Registrar makes a decision under subsection (1): (a) the Registrar must not make a decision under section 41D in relation to the application under section 41A (the original application); and (b) the Registrar must treat the application under section 41A as if it were an application (the converted application) made under section 40 in relation to the initial variety and the second variety, subject to this section. Notification of decision (3) The Registrar must notify the decision to the following persons: (a) each eligible person, within the meaning of section 41A, in relation to the initial variety (including the applicant under section 41A); (b) the applicant for PBR in the second variety; (c) each interested person, other than the applicant for PBR in the second variety, who is required to be given an opportunity to be heard under subsection 41C(1). (4) A notification under subsection (3) must include: (a) a statement of the reasons for the decision, and the effect of this section; and (b) in the case of the notification given under paragraph (3)(a) to the applicant under section 41A—a statement to the effect that the applicant under section 41A may provide additional information under subsection (6) within 2 months after the date of the notification. (5) The Registrar must publish notice of the decision in the Plant Varieties Journal. Relevant information (6) Within 2 months after a notification of the Registrar's decision is given under subsection (3) to the applicant under section 41A, the applicant under section 41A may give the Registrar any information that would have been required or allowed under subsections 40(4) and (5) had the original application been made under section 40. (7) For the purpose of making a decision under section 40 in relation to the converted application, the Registrar may consider the following: (a) for the purposes of a decision under subsection 40(7): (i) any information in the original application; and (ii) any additional information given in accordance with subsection (6) of this section; (b) for the purposes of a decision under subsection 40(10) or (11): (i) any information in relation to the original application given by an interested person in accordance with the person's opportunity to be heard under subsection 41C(4); and (ii) any information in relation to the original application obtained in a test growing conducted in accordance with section 41E; and (iii) any information mentioned in subsection 40(10) in relation to the converted application, including information obtained in a test growing conducted in accordance with section 41. Time for making decision (8) The Registrar must not make a decision in relation to the converted application earlier than 2 months after the day the notification is given under paragraph (3)(a) to the applicant under section 41A. 32 Paragraph 45(3)(c) Repeal the paragraph, substitute: (c) the other variety is declared to be essentially derived from the initial variety; 33 At the end of subsection 45(3) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 34 Subsection 46(2) Omit "the Secretary makes a declaration that a variety (the derived variety) is", substitute "a variety (the derived variety) is declared to be". 35 At the end of subsections 46(2) and 47(2) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 36 Paragraph 48(2)(c) Omit "requesting the Secretary to make a declaration under section 40", substitute "applying for a declaration". 37 At the end of subsections 48(2), 50(3) and 53(2) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 38 At the end of subsection 75(3) (before the penalty) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 39 After subparagraph 77(1)(b)(xiii) Insert: (xiiia) under subsection 41A(5) to refuse to consider an application for a declaration of essential derivation; or (xiiib) under subsection 41B(3) to publish, or not to publish, information in a notification under subsection 41B(1) or (2); or (xiiic) under subsection 41D(1) to make, or to refuse to make, a declaration of essential derivation; or (xiiid) under section 41E to conduct, or not to conduct, a test growing; or 40 Subparagraph 80(2)(a)(ii) Repeal the subparagraph, substitute: (ii) fees payable in respect of the making of applications for declarations of essential derivation, the examination of those applications and the making of those declarations, including giving interested persons the opportunity to be heard in relation to applications for declarations under section 41D; and 41 At the end of subsection 80(2) Add: Note: For declarations of essential derivation, see sections 40 and 41D. 42 Application of amendments The amendments of the Plant Breeder's Rights Act 1994 made by this Part apply in relation to an application for a declaration under section 40 or 41D of that Act that a plant variety is essentially derived from another plant variety if the application is made on or after the day this item commences, whether the first‑mentioned variety was bred or derived before, on or after that commencement. Part 3—Period to apply for removal of trade marks from Register for non‑use Trade Marks Act 1995 43 At the end of subsection 92(4) Add: Note 3: For when the registration of a trade mark is taken to have effect, see sections 72 and 239A. 44 Subsection 92(5) Omit "an application (under subsection (1) or (3)) to obtain the removal of a trade mark from the Register", substitute "a non‑use application". 45 Section 93 Repeal the section, substitute: 93 Time for making application (1) A non‑use application on the ground mentioned in paragraph 92(4)(a) may be made at any time after the filing date in respect of the application for the registration of the trade mark. Note: For filing date see section 6. (2) A non‑use application on the ground mentioned in paragraph 92(4)(b) may only be made after a period of 3 years beginning from the date the particulars of the trade mark were entered into the Register under section 69. Note: The registration of a trade mark is taken to have effect earlier than the date the particulars of the trade mark are entered into the Register (see sections 72 and 239A). 46 Application of amendments Section 93 of the Trade Marks Act 1995, as substituted by this Part, applies to a non‑use application in relation to a trade mark if the filing date in respect of the application for the registration of the trade mark is on or after the day this item commences. Part 4—Notification of extension of standard patents relating to pharmaceutical substances Patents Act 1990 47 Section 76A Repeal the section. Schedule 2—Other measures Part 1—Amending trade mark applications—non‑legal persons Trade Marks Act 1995 1 At the end of section 65 Add: (8) Without limiting subsection (7), if the application specifies an applicant without legal personality, an amendment may be made under that subsection to change the reference to the specified applicant to a reference to a person with legal personality if that person can be identified as having made the application. Part 2—Written requirements Division 1—Amendments Designs Act 2003 2 Subsection 24(1) Omit "give a written notice to the applicant stating", substitute ", by notification to the applicant, state". 3 Subsections 24(2) and (3) Repeal the subsections, substitute: (2) If a purported design application does not meet the minimum filing requirements, the Registrar must notify the applicant to that effect. The notification must: (a) identify each minimum filing requirement that has not been met; and (b) require the applicant to file the additional information required within 2 months, or such other period as is prescribed, from the date of the notification. (3) If the minimum filing requirements are not met within the period under paragraph (2)(b), the application is taken never to have been filed. 4 Paragraph 33(1)(b) Omit "a notice", substitute "a notification". 5 Subparagraph 33(1)(b)(ii) Omit "the notice", substitute "the notification". 6 Section 41 Omit "give a written notice to the applicant stating", substitute "notify the applicant". 7 Paragraph 41(a) Before "the matters", insert "of". 8 Subparagraph 41(c)(ii) Omit "notice", substitute "notification". 9 Section 42 (heading) Repeal the heading, substitute: 42 What happens after Registrar's notification under section 41 10 Subsection 42(1) Omit "written notice", substitute "notification". 11 Subsection 42(3) Omit "notice", substitute "notification". 12 Paragraph 42(5)(b) Omit "notice", substitute "notification". 13 Subsection 43(2) Omit "a notice", substitute "a notification". 14 Paragraph 43(2)(b) Omit "notice", substitute "notification". 15 Subsection 43(3) Omit "in writing of a refusal under subsection (1) or (2). The notice must set out", substitute "of a refusal under subsection (1) or (2) and of". 16 Paragraph 52(3)(a) Omit "give the relevant parties a notice stating", substitute "notify the relevant parties". 17 Subsection 57(3) Omit "give a written notice to the applicant stating", substitute "notify the applicant". 18 Paragraph 57(3)(a) Before "the matters", insert "of". 19 Subparagraph 57(3)(c)(ii) Omit "notice", substitute "notification". 20 Section 58 (heading) Repeal the heading, substitute: 58 What happens after Registrar's notification under section 57 21 Subsection 58(1) Omit "written notice", substitute "notification". 22 Subsection 58(3) Omit "notice", substitute "notification". 23 Paragraph 58(5)(b) Omit "notice", substitute "notification". 24 Paragraph 59(1)(a) Omit "notice", substitute "a notification". 25 Paragraph 59(1)(b) Omit "notice", substitute "notification". 26 Subsection 59(2) Omit "in writing of a refusal under subsection (1). The notice must set out", substitute "of a refusal under subsection (1) and of". 27 Subsection 66(2) Omit "give written notice to that effect to the registered owner of the design", substitute "notify the registered owner of the design to that effect". 28 Subsection 67(2) Omit "give the relevant parties a notice stating", substitute "notify the relevant parties". 29 Paragraph 67(2)(b) Before "the details", insert "of". 30 Paragraph 68(2)(a) Omit "give the relevant parties a notice stating", substitute "notify the relevant parties". 31 Paragraph 69(3)(a) Omit "inform", substitute "notify". 32 Paragraph 138(2)(a) Omit "advise", substitute "notify". 33 Before section 145 Insert: 144D Notifications by Registrar under this Act or regulations (1) If under this Act or the regulations the Registrar is required or permitted: (a) to notify a person of a matter; or (b) to notify a person that the person is required to do a thing; the Registrar may so notify the person by any means of communication (including by electronic means). Note: Section 145 deals with the service etc. of documents on a person. (2) However, the notification must be by a means of communication such that the content of the notification is readily accessible so as to be usable for subsequent reference. Patents Act 1990 34 Subsection 27(2) Repeal the subsection, substitute: (2) The Commissioner must: (a) notify the applicant for the patent of any matter of which the Commissioner is notified under subsection (1); and (b) give the applicant for the patent a copy of any document accompanying the notice under subsection (1). (2A) Without limiting paragraph (2)(b), the Commissioner may give the copy by: (a) making the copy available to the applicant for the patent in an electronic form; and (b) notifying the applicant for the patent that the copy is available. 35 Subsection 28(4) Repeal the subsection, substitute: Commissioner must notify patentee of notice given (4) The Commissioner must: (a) notify the patentee of any matter of which the Commissioner is notified under subsection (1); and (b) give the patentee a copy of any document accompanying the notice under subsection (1). (4A) Without limiting paragraph (4)(b), the Commissioner may give the copy by: (a) making the copy available to the patentee in an electronic form; and (b) notifying the patentee that the copy is available. 36 Paragraph 49(5)(a) Omit "in writing". 37 Subsection 49(7) Omit "in writing". 38 Paragraphs 74(2)(a) and (4)(a) Omit "in writing". 39 Subsection 76(2) Omit "in writing". 40 Paragraph 101E(1)(a) Omit "in writing". 41 Subsection 101E(3) Repeal the subsection. 42 After section 220 Insert: 220A Notifications by Commissioner under this Act (1) If under this Act the Commissioner is required or permitted: (a) to notify a person of a matter; or (b) to notify a person that the person is required to do a thing; the Commissioner may so notify the person by any means of communication (including by electronic means). Note 1: A reference to this Act includes the regulations (see Schedule 1). Note 2: Section 221 deals with the service etc. of documents on a person. (2) However, the notification must be by a means of communication such that the content of the notification is readily accessible so as to be usable for subsequent reference. Plant Breeder's Rights Act 1994 43 Subsection 19(6) Omit "give the grantee". 44 Paragraph 19(6)(a) Before "a", insert "give the grantee". 45 Paragraph 19(6)(b) Omit "a written invitation", substitute "by notification to the grantee, invite the grantee". 46 Paragraph 19(7)(b) Omit "give written notice of the decision to the grantee and to the person making the request", substitute "notify the grantee, and the person making the request, of the decision". 47 Subparagraph 19(9)(b)(i) Omit "given written notice to", substitute "notified". 48 Subsection 21(3) Omit "give written notice to the claimant and to the person who was the holder before the entry was made, stating that the entry has been made", substitute "notify the claimant, and the person who was the holder before the entry was made, that the entry has been made". 49 Paragraph 21(4)(a) Omit "give written notice to", substitute "notify". 50 Subparagraph 21(4)(a)(i) Omit "telling the claimant". 51 Subparagraph 21(4)(a)(ii) Omit "setting out", substitute "of". 52 Paragraph 21(4)(b) Omit "give written notice to", substitute "notify". 53 Subparagraph 21(4)(b)(i) Omit "setting out", substitute "of the". 54 Subparagraph 21(4)(b)(ii) Omit "telling the claimant". 55 Subparagraph 21(4)(b)(iii) Omit "setting out", substitute "of". 56 Paragraph 30(4)(a) Omit "give written notice to the applicant telling the applicant", substitute "notify the applicant". 57 Paragraph 30(5)(a) Omit "give written notice to the applicant telling the applicant", substitute "notify the applicant". 58 Paragraph 30(5)(a) Omit "setting out", substitute "of". 59 Subsection 32(1) Omit "give written notice to", substitute "notify". 60 Subsection 32(1) Omit "telling the person". 61 Subsection 32(2) Omit "give written notice to", substitute "notify". 62 Paragraph 32(2)(a) Omit "telling the person". 63 Paragraph 32(2)(b) Omit "setting out", substitute "of". 64 Subsection 32(3) Omit "give written notice to", substitute "notify". 65 Paragraph 32(3)(a) Omit "setting out", substitute "of the". 66 Paragraph 32(3)(b) Omit "telling the applicant". 67 Paragraph 32(3)(c) Omit "setting out", substitute "of". 68 Subsection 32(4) Omit "give written notice of", substitute "notify". 69 Paragraphs 37(1)(d) and (e) Omit "give written notice of", substitute "notify". 70 Subsection 37(2) Omit "notice", substitute "notification". 71 Subsection 37(2A) Omit "a notice is sent", substitute "a notification is given". 72 Subsection 37(2A) Omit "the requirements of the notice", substitute "the requirements of the notification". 73 Paragraph 37(2A)(a) Omit "of service of the notice", substitute "the notification is given". 74 Subsection 37(2B) Omit "notice issued", substitute "notification given". 75 Paragraph 37(2B)(a) Omit "notice", substitute "notification". 76 Subsection 37(3) Omit "notice", substitute "notification". 77 Paragraph 39(1)(b) Omit "notice" (wherever occurring), substitute "notification". 78 Subsection 39(2) Omit ", in writing,". 79 Subsection 39(2) Omit "notice", substitute "notification". 80 Subsection 39(3) Omit "notice" (wherever occurring), substitute "notification". 81 Paragraphs 40(8)(a) and (b) Omit "inform", substitute "notify". 82 Paragraph 40(8)(b) Omit "informed", substitute "notified". 83 Paragraph 40(10)(f) Omit "by notice in writing given to", substitute "notify". 84 Paragraph 40(10)(f) Omit ", tell that grantee of the declaration and set out", substitute "of the declaration and of". 85 Paragraph 40(11)(b) Omit "by notice in writing given to", substitute "notify". 86 Paragraph 40(11)(b) Omit ", tell that grantee". 87 Subsection 41(2) Omit "notice", substitute "notification". 88 Subsection 41(5) Omit "subsection 40(8) has effect as if the reference in that subsection to 30 days after being so informed were a reference to 30 days after being informed", substitute "paragraph 40(8)(b) has effect as if the reference in that paragraph to 30 days after being so notified were a reference to 30 days after being notified". 89 Subsection 44(12) Omit "give written notice to", substitute "notify". 90 Paragraph 44(12)(a) Omit "telling the applicant". 91 Paragraph 44(12)(b) Omit "setting out", substitute "of". 92 Paragraph 50(2)(aa) Omit "notice", substitute "notification". 93 Subsection 50(3) Omit "by notice given to the grantee of the right that has been revoked or of the right that is affected by the giving of the declaration of essential derivation, tell that grantee of the decision and set out the reasons for the revocation", substitute "notify the decision, and the reasons for the decision, to the grantee of the right that has been revoked or to the grantee of the right that was affected by the giving of the declaration of essential derivation". 94 Subsection 50(10) Omit "by notice in writing to", substitute "notify". 95 Subsection 50(10) Omit ", tell the person of the decision and set out", substitute "of the decision and of". 96 After section 72 Insert: 72A Notifications by Registrar under this Act or regulations (1) If under this Act or the regulations the Registrar is required or permitted: (a) to notify a person of a matter; or (b) to notify a person that the person is required to do a thing; the Registrar may so notify the person by any means of communication (including by electronic means). Note: Section 73 deals with the service etc. of documents on a person. (2) However, the notification must be by a means of communication such that the content of the notification is readily accessible so as to be usable for subsequent reference. 97 Subparagraph 77(1)(b)(xi) Omit "issue a notice", substitute "give a notification". Trade Marks Act 1995 98 Section 34 (heading) Repeal the heading, substitute: 34 Notification of decision 99 Paragraph 34(a) Omit "in writing". 100 Subsection 77(2) Omit "notice", substitute "notification". 101 Section 80C (heading) Repeal the heading, substitute: 80C Notification about renewal 102 Subsection 80E(2) Omit "notice", substitute "notification". 103 Subsection 84A(4) Omit "notice", substitute "notification". 104 Subsection 84A(4) Omit "in accordance with the regulations". 105 Subsection 95(1) Omit "notice", substitute "a copy". 106 Section 111 (heading) Repeal the heading, substitute: 111 Notification of application to be given to person recorded as claiming interest in trade mark etc. 107 Paragraph 176(3)(a) Repeal the paragraph, substitute: (a) notify the applicant of the Registrar's decision under this section; and 108 Paragraph 202(e) Omit ", as he or she considers fit,". 109 After section 214 Insert: 214A Notifications by Registrar under this Act (1) If under this Act the Registrar is required or permitted: (a) to notify a person of a matter; or (b) to notify a person that the person is required to do a thing; the Registrar may so notify the person by any means of communication (including by electronic means). Note 1: A reference to this Act includes the regulations (see section 6). Note 2: Section 215 deals with the service etc. of documents on a person. (2) However, the notification must be by a means of communication such that the content of the notification is readily accessible so as to be usable for subsequent reference. Division 2—Application and saving provisions 110 Designs (1) The amendments of sections 24, 33, 41, 42, 43, 52, 57, 58, 59, 66, 67, 68, 69 and 138 of the Designs Act 2003 made by this Part apply in relation to notifications occurring on or after the commencement of this item. (2) The Designs Act 2003, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a notice given under subsection 24(1) or (2), section 41, paragraph 52(3)(a), subsection 57(3), 66(2) or 67(2) or paragraph 68(2)(a) of that Act before that commencement. 111 Patents The amendments of sections 27, 28, 49, 74 and 76 of the Patents Act 1990 made by this Part apply in relation to notifications occurring on or after the commencement of this item. 112 Plant breeder's rights (1) The amendment of paragraph 19(6)(b) of the Plant Breeder's Rights Act 1994 made by this Part applies in relation to invitations made on or after the commencement of this item. (2) The amendments of paragraph 19(7)(b), subparagraph 19(9)(b)(i) and sections 21, 30, 32, 37, 39, 40, 41, 44 and 50 of the Plant Breeder's Rights Act 1994 made by this Part apply in relation to notifications occurring on or after the commencement of this item. (3) The Plant Breeder's Rights Act 1994, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a notice given under paragraph 19(7)(b), subparagraph 19(9)(b)(i), subsection 21(3), paragraph 21(4)(a) or (b) or 30(4)(a) or (5)(a), subsection 32(1), (2), (3) or (4), section 37, subsection 39(2), paragraph 40(10)(e) or (f) or (11)(a) or (b) or subsection 41(1), 44(12) or 50(3) or (10) of that Act before that commencement. 113 Trade marks (1) The amendments of sections 34, 77, 80E, 84A, 176 and 202 of the Trade Marks Act 1995 made by this Part apply in relation to notifications occurring on or after the commencement of this item. (2) The Trade Marks Act 1995, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a notice given under subsection 77(2), 80E(2) or 84A(4) or paragraph 176(3)(a) of that Act before that commencement. Part 3—Filing requirements Division 1—Amendments Designs Act 2003 114 Section 5 Insert: preferred means: (a) in relation to filing a document with the Designs Office—means the means specified under subsection 144A(4); or (b) in relation to paying a fee—means the means specified under subsection 130A(4). 115 After subsection 69(2) Insert: (2A) A person must not provide to the Registrar material in the form of a physical article, other than a document, unless the Registrar has given the person an approval to do so. (2B) If a person provides material to the Registrar under subsection (1), the material may be accompanied by evidence, in the form of a declaration, of the publication of the material. Note: The regulations deal with the making of declarations. 116 After subsection 130(2) Insert: (2A) Without limiting subsection (1), different fees may be prescribed for filing a document with the Designs Office according to the means by which the document is filed. (2B) Without limiting subsection (1), different amounts of a fee may be prescribed according to the means by which the fee is paid. Means of paying fee (2C) A fee must be paid by a means determined in an instrument under subsection 130A(1). Fees payable in accordance with the regulations 117 Before subsection 130(4) Insert: Consequences of failure to pay fee 118 At the end of Part 2 of Chapter 11 Add: 130A Approved means of paying a fee (1) For the purposes of subsection 130(2C), the Registrar may, by writing, determine one or more means for paying a fee. (2) The means may be an electronic means or any other means. (3) The Registrar must publish a notice, in accordance with the regulations, setting out the determination. (4) The Registrar may, in a determination under subsection (1), specify that one or more means for paying a fee are preferred means. Note: Under the regulations, the amount of a fee may be reduced for paying the fee by preferred means. (5) A determination under subsection (1) is not a legislative instrument. 119 Section 144 Repeal the section, substitute: 144 Filing of documents For the purposes of this Act and the regulations, a document may be filed with the Designs Office by a means determined in an instrument under subsection 144A(1). 144A Approved means of filing documents (1) For the purposes of section 144, the Registrar may, by writing, determine one or more means for filing a document with the Designs Office. (2) The means may be an electronic means or any other means. (3) The Registrar must publish a notice, in accordance with the regulations, setting out the determination. (4) The Registrar may, in a determination under subsection (1), specify that one or more means for filing a document with the Designs Office are preferred means. Note: Under the regulations, reduced fees may be payable for filing a document by preferred means. (5) A determination under subsection (1) is not a legislative instrument. 144B Directions by Registrar for filing of documents (1) The Registrar may, by writing, give a direction specifying the form in which a document is to be filed under this Act or the regulations. Note: See also paragraph 149(2)(aa) (about regulations). (2) Subsection (1) does not apply in relation to a document that is required, under the regulations, to be in an approved form. (3) The Registrar must publish a notice, in accordance with the regulations, setting out the direction. (4) A direction under subsection (1) is not a legislative instrument. 144C Directions by Registrar for filing of evidence (1) The Registrar may, by writing, give a direction in relation to the filing of evidence in connection with a matter arising under this Act or the regulations. Note: See also paragraph 149(2)(ab) (about regulations). (2) Without limiting subsection (1), a direction under that subsection may relate to the following: (a) the number of copies of evidence to be filed; (b) the form in which evidence is to be filed (including the circumstances in which physical articles, other than documents, are or are not permitted to be filed); (c) the means by which evidence is to be filed. (3) Without limiting paragraph (2)(b), a direction under subsection (1) may require that evidence in writing be in the form of a declaration. (4) This section does not apply in relation to the provision of material under section 69 (about material relating to whether a registered design is new or distinctive). (5) The Registrar must publish a notice, in accordance with the regulations, setting out a direction under subsection (1). (6) A direction under subsection (1) is not a legislative instrument. 120 Before paragraph 149(2)(a) Insert: (aa) making provision for and in relation to the following: (i) the requirements for filing a document under this Act or the regulations (including the requirement that the document must be in the form (if any) specified in a direction under section 144B); (ii) the consequences of a document not being in accordance with an approved form or not complying with the requirements referred to in subparagraph (i); and (ab) making provision for and in relation to the consequences of not complying with a direction under section 144C; and Patents Act 1990 121 Section 3 (list of definitions) Insert "preferred means". 122 Section 214 Repeal the section, substitute: 214 Filing of documents For the purposes of this Act, a document may be filed with the Patent Office by a means determined in an instrument under subsection 214A(1). 123 After section 214 Insert: 214A Approved means of filing documents (1) For the purposes of section 214, the Commissioner may, by writing, determine one or more means for filing a document with the Patent Office. (2) The means may be an electronic means or any other means. (3) The Commissioner must publish a notice in the Official Journal setting out the determination. (4) The Commissioner may, in a determination under subsection (1), specify that one or more means for filing a document with the Patent Office are preferred means. Note: Under the regulations, reduced fees may be payable for filing a document by preferred means. (5) A determination under subsection (1) is not a legislative instrument. 124 Before section 215 Insert: 214B Directions by Commissioner for fil