PA 33 – Effect of registration

Question 1

what does S33 concer

Answer 1

the effect of registration

Question 2

When does a LATER transaction or event have ENTITLEMENT OVER an EARLIER transaction or event

Answer 2

S33(1)
IF
(a) the earlier transaction or event was not registered, or
(b) notification was not given to the Comptroller, and
(c) in EITHER case, the later transacting party DID NOT KNOW about the earlier transaction

(2) ALSO where a second right is incompatible with a first right arising from an unregistered transaction

Question 3

What does S33 apply in regard of

Answer 3

S33(3)
a) assignment or a patent or application, or a right in it
b) mortgage of a patent or application
c) grant/assignment/mortgae of a license or sub-license
d) death/dissolution of a proprieotr and transfer of vested interest and
e) court orders, transferring rights to nother person, or changing the named proprietor

Question 4

What is the effective datee of registration

Answer 4

S33(4)
the date of the application to register

Question 5

What happens if you do not register a transaction

Answer 5

it is unenforcable against subsequent bone fine transaction conducted in good faith

Question 6

What happens if you don’t register a transaction within 6 months or as soon as practable

Answer 6

You cannot claim costs or expenses for infringing act prior to registration (see S68)

Question 7

Who must be involved in the transaction

Answer 7

the CORRECT owner, if not the correct owner,, advise correction by the actual owner and then re-assign