Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Section 5
Insert:
"PPSA security interest" (short for Personal Property Securities Act security interest) means:
(a) a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act); or
(b) a transitional security interest within the meaning of that Act, and to which Division 4 of Part 9.4 of that Act applies.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of that Act applies to transitional security interests in situations including the bankruptcy or insolvency of a secured party, grantor or debtor.
2 After subsection 12(2)
Insert:
(2 A ) Despite subsection (1), the recording in the Register of a right that is a PPSA security interest does not affect a dealing with an interest in a registered design.
3 At the end of section 12
Add:
(4) Subsection (3) does not apply in relation to an equity that is a PPSA security interest.
Note: The Personal Property Securities Act 2009 deals with the rights of purchasers of personal property (including intellectual property such as designs) that is subject to PPSA security interests. That Act also provides for the priority and enforcement of PPSA security interests. See the following provisions of that Act:
(a) Part 2.5 (taking personal property free of security interests);
(b) Part 2.6 (priority between security interests);
(c) Chapter 4 (enforcement of security interests).
4 After subsection 118(3)
Insert:
(3A) This section does not apply in relation to any particulars recorded in the Register in relation to a PPSA security interest.
Note: Certain particulars relating to registrations in respect of PPSA security interests under the Personal Property Securities Act 2009 are admissible in evidence: see section 174 of that Act.
5 Section 119
Before "A document", insert "(1)".
6 At the end of section 119
Add:
(2) However, subsection (1) does not restrict the admissibility in evidence in a court of a document or instrument in relation to a PPSA security interest.
Note: Certain particulars relating to registrations in respect of PPSA security interests under the Personal Property Securities Act 2009 are admissible in evidence: see section 174 of that Act.
7 Application of amendments of the Designs Act 2003
(1) The amendment of the Designs Act 2003 made by item 2 of this Schedule does not apply in relation to a dealing that starts before the time the item commences.
(2) The amendment of the Designs Act 2003 made by item 3 of this Schedule does not apply in relation to the enforcement of an equity if the equity starts to be enforced before the time the item commences.
(3) The amendments of the Designs Act 2003 made by items 4, 5 and 6 of this Schedule do not apply in relation to any proceedings in a court or tribunal in relation to designs (or interests in designs) that are commenced before the time the items commence.
Note: Items 2 to 6 commence at the registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009 .
8 Section 3 (list of definitions)
Insert "PPSA security interest".
9 After subsection 189(2)
Insert:
(2 A ) Despite subsection (1), the recording in the Register of a right that is a PPSA security interest does not affect a dealing with a patent.
10 At the end of section 189
Add:
(4) Subsection (3) does not apply in relation to an equity that is a PPSA security interest.
Note: The Personal Property Securities Act 2009 deals with the rights of purchasers of personal property (including intellectual property such as patents) that is subject to PPSA security interests. That Act also provides for the priority and enforcement of PPSA security interests. See the following provisions of that Act:
(a) Part 2.5 (taking personal property free of security interests);
(b) Part 2.6 (priority between security interests);
(c) Chapter 4 (enforcement of security interests).
11 At the end of section 195
Add:
(3) This section does not apply in relation to any particulars registered in the Register in relation to a PPSA security interest.
Note: Certain particulars relating to registrations in respect of PPSA security interests under the Personal Property Securities Act 2009 are admissible in evidence: see section 174 of that Act.
12 Section 196
Before "A document", insert "(1)".
13 At the end of section 196
Add:
(2) However, subsection (1) does not restrict the admissibility in any proceedings of a document in relation to a PPSA security interest.
Note: Certain particulars relating to registrations in respect of PPSA security interests under the Personal Property Securities Act 2009 are admissible in evidence: see section 174 of that Act.
14 Schedule 1 (Dictionary)
Insert:
"PPSA security interest" (short for Personal Property Securities Act security interest) means:
(a) a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act); or
(b) a transitional security interest within the meaning of that Act, and to which Division 4 of Part 9.4 of that Act applies.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of that Act applies to transitional security interests in situations including the bankruptcy or insolvency of a secured party, grantor or debtor.
15 Application of amendments of the Patents Act 1990
(1) The amendment of the Patents Act 1990 made by item 9 of this Schedule does not apply in relation to a dealing that starts before the time the item commences.
(2) The amendment of the Patents Act 1990 made by item 10 of this Schedule does not apply in relation to the enforcement of an equity if the equity starts to be enforced before the time the item commences.
(3) The amendments of the Patents Act 1990 made by items 11, 12 and 13 of this Schedule do not apply in relation to any proceedings in a court or tribunal in relation to patents (or interests in patents) that are commenced before the time the items commence.
Note: Items 9 to 13 commence at the registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009 .
Plant Breeder's Rights Act 1994
16 At the end of section 20
Add:
Note 1: The Personal Property Securities Act 2009 applies to PBR, and any licence in PBR, as intellectual property (see paragraph (d) of the definition of that phrase in section 10 of that Act). That Act deals with security interests in personal property, including intellectual property and intellectual property licences.
Note 2: Section 106 of the Personal Property Securities Act 2009 corresponds to subsection 20(3) of this section. Section 106 of that Act provides for security agreements in relation to intellectual property licences (or sub - licences) to be binding on successors in title to the licences (or sub - licences).
17 At the end of section 25
Add:
Note: The Personal Property Securities Act 2009 deals with security interests in personal property, including a right to apply for PBR.
18 Section 6
Insert:
"PPSA security interest" (short for Personal Property Securities Act security interest) means:
(a) a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act); or
(b) a transitional security interest within the meaning of that Act, and to which Division 4 of Part 9.4 of that Act applies.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 . Division 4 of Part 9.4 of that Act applies to transitional security interests in situations including the bankruptcy or insolvency of a secured party, grantor or debtor.
19 After subsection 22(2)
Insert:
(2 A ) Despite subsection (1), the recording in the Register of a right that is a PPSA security interest does not affect a dealing with a trade mark.
Note: For PPSA security interest see section 6.
20 At the end of section 22
Add:
(4) Subsection (3) does not apply in relation to an equity that is a PPSA security interest.
Note: The Personal Property Securities Act 2009 deals with the rights of purchasers of personal property (including intellectual property such as trade marks) that is subject to PPSA security interests. That Act also provides for the priority and enforcement of PPSA security interests. See the following provisions of that Act:
(a) Part 2.5 (taking personal property free of security interests);
(b) Part 2.6 (priority between security interests);
(c) Chapter 4 (enforcement of security interests).
21 Section 113
Repeal the section, substitute:
113 Application for registration of interest or right in trade mark
Scope
(1) This section applies in relation to an interest in, or right in respect of, a registered trade mark, if the interest or right may not be recorded in the Register under Part 10.
Application for registration of interest or right
(2) A person claiming the interest or right may apply to the Registrar to have particulars of the claim recorded in the Register.
(3) The application must:
(a) be in an approved form; and
(b) be accompanied by proof to the reasonable satisfaction of the Registrar of the applicant's entitlement to the claimed interest or right; and
(c) be filed in accordance with the regulations.
Note: For registered trade mark , approved form and file see section 6.
22 Section 117
Repeal the section, substitute:
117 Application for recording of interest or right in trade mark
Scope
(1) This section applies in relation to an interest in, or right in respect of, a trade mark, if a person has applied for the registration of the trade mark.
Application for recording of interest or right
(2) A person claiming the interest or right may apply to the Registrar for a record to be kept of the claim.
(3) The application must:
(a) be in an approved form; and
(b) be accompanied by proof to the reasonable satisfaction of the Registrar of the applicant's entitlement to the claimed interest or right; and
(c) be filed in accordance with the regulations.
Note: For registered trade mark , approved form and file see section 6.
23 At the end of section 210
Add:
(4) This section does not apply in relation to any particular or other matter entered in the Register in relation to a PPSA security interest.
Note 1: For PPSA security interest see section 6.
Note 2: Certain particulars relating to registrations in respect of PPSA security interests under the Personal Property Securities Act 2009 are admissible in evidence: see section 174 of that Act.
24 Application of amendments of the Trade Marks Act 1995
(1) The amendment of the Trade Marks Act 1995 made by item 19 of this Schedule does not apply in relation to a dealing that starts before the time the item commences.
(2) The amendment of the Trade Marks Act 1995 made by item 20 of this Schedule does not apply in relation to the enforcement of an equity if the equity starts to be enforced before the time the item commences.
(3) The amendments of the Trade Marks Act 1995 made by items 21 and 22 of this Schedule do not apply in relation to applications to the Registrar made under section 113 or 117 of that Act before the time the items commence.
(4) The amendment of the Trade Marks Act 1995 made by item 23 of this Schedule does not apply in relation to any proceedings in a court or tribunal in relation to trade marks (or interests in trade marks) that are commenced before the time the item commences.
Note: Items 19 to 23 commence at the registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009 .