Third, the majority of industry is small and medium size enterprises which lack capacity. A fire extinguisher is not exempted as a manufactured article under section 5. But the Court of Justice held that because Luxembourg had discretion, and its decision to reduce capacity was not inevitable, the municipality had no "direct" concern its complaint was with the Luxembourg government instead. In Vaassen v Beambtenfonds Mijnbedrijf  the Court of Justice also held that a mining worker pension arbitration tribunal could make a reference. For the transport of dangerous goods, the GHS is implemented through the UN Model Regulations on the Transport of Dangerous Goods and the following transport legal international instruments:. Amendment of Swiss downstream legislation acts e.
Commercialisation of food
Four years later, research from the National Institute of Food and Nutrition Science indicated a significant change in consumer habits towards cheaper and often healthier alternatives. Specific taxes on sugar, salt or fat do cause reductions in consumption, the European Commission found in a new report. But higher taxes may also merely encourage consumers to go for cheaper products, it warned. However, the industry does not share this view.
Referring to the examples of Denmark and Finland, the industry believes that food taxation distorts the market and brings negligible public health results. Denmark was the first country to introduce a fat tax on foods that are high in saturated fat. France is raising the tax on all high calorie foods in an attempt to tackle its increasing weight problem. Wouter Lox, managing director of the EU salt association, said the ultimate goal was to have well-informed consumers but stressed that changing consumer behaviour could only be achieved through education, starting at school.
Lox also pointed out that there is a difference between an autocratic governmental approach that lifts any responsibility from the consumer, and an approach that provides consumers with enough background to help them make informed choices. Europe will face an obesity crisis of vast proportions by , according to new World Health Organization projections, with many countries likely to see far more than half of adults above the healthy weight limit.
Taxation should indeed be considered as part of a wider range of tools and the complexity of its effects calls for careful consideration and design, a Commission spokesperson told EURACTIV. Faced with alarming childhood obesity cases, the European Commission is calling on member states to take action in the procurement of healthy food for schools. This Act may be cited as the Patents Act Australian Register of Therapeutic Goods.
New Zealand Assistant Commissioner of Patents. New Zealand Commissioner of Patents. New Zealand Patents Minister. New Zealand patents official. Registrar of Companies of New Zealand. For the purposes of this Act, a complete application is to be taken to be associated with a provisional application if, and only if, the patent request filed in respect of the complete application identifies the provisional application and contains a statement to the effect that the applications are associated.
For the purposes of this Act, the following acts are not to be taken to be secret use of an invention in the patent area: Patentable inventions for the purposes of a standard patent. Patentable inventions for the purposes of an innovation patent. Certain inventions not patentable inventions for the purposes of an innovation patent. A patent is not invalid merely because: The invalidity of a patent in relation to a claim does not affect its validity in relation to any other claim.
A patent is not invalid, so far as the invention is claimed in any claim, merely because of: Objection cannot be taken to a patent request or complete specification in respect of an application for a patent of addition, and a patent of addition is not invalid, merely because the invention, so far as claimed, does not involve an inventive step, having regard to the publication or use of the main invention during the prescribed period. Person may give notice of invalidity of an innovation patent.
Commissioner to deal with notice in accordance with regulations. A patent application including a PCT application is to be taken to have been made on the filing date determined under the regulations. Opposition to standard patent if a person other than nominated person eligible for grant of patent. Opposition to standard patent if nominated person eligible for grant of patent with other persons. Opposition to innovation patent if patentee not entitled to grant of patent but another person is.
Opposition to innovation patent if patentee entitled to grant of patent with other person. Disclosures in prescribed documents may generally be taken into account. Commissioner may require prescribed documents be made available. If the applicant does not withdraw the request before the day prescribed by the regulations, the application lapses: The Commissioner may disclose the result of any search made for the purpose of making a report under this Act. The Minister or any other person may, in accordance with the regulations, oppose the grant of a standard patent on one or more of the following grounds, but on no other ground: A patent may be granted to 2 or more nominated persons jointly.
The term of a standard patent is 20 years from the date of the patent. The term of an innovation patent is 8 years from the date of the patent. For this purpose, document includes a copy of a document. If a patentee makes an application for an extension of the term of a standard patent, the Commissioner must publish in the Official Journal a notice that the application has been made and is open to public inspection.
The Minister or other person may not oppose the grant of the extension on any other ground. If the Commissioner grants an extension of the term of a standard patent, the exclusive rights of the patentee during the term of the extension are not infringed: This Chapter does not apply in relation to innovation patents.
A fee is not payable for the renewal of a patent of addition. The fees payable after a patent of addition becomes an independent patent, and the dates when they become payable, are to be determined by reference to the date of the independent patent. After the grant of an innovation patent, the Commissioner: The Minister, or any other person, may, in accordance with the regulations, oppose an innovation patent that has been certified and seek the revocation of it, on one or more of the following grounds of invalidity, but on no other: If relevant proceedings in relation to an innovation patent are pending, the Commissioner must not make a decision under this Part in relation to the patent without the leave of the court.
Amendment of complete specification not allowable if amended specification claims or discloses matter extending beyond that disclosed in certain documents. Certain amendments of complete specification are not allowable after relevant time. Meaning of relevant time .
Amendment of innovation patent request not allowable in certain circumstances. Amendments of a kind prescribed by regulations not allowable. Order for amendment during relevant proceedings. An amendment of a complete specification that is open to public inspection must be notified in the Official Journal. The Commissioner or a court may, in interpreting a complete specification as amended, refer to the specification without amendment.
The rights of a patentee are not infringed: Limit for product, method or process derived from patentee. Certain threats of infringement proceedings are always unjustifiable. Courts power to grant relief in respect of threats made by the applicant for an innovation patent or the patentee of an uncertified innovation patent.
Courts power to grant relief in respect of threats made by the patentee of a certified innovation patent. This Chapter provides for court orders requiring the grant of compulsory licences in respect of patented inventions. Special provision is made for compulsory licences to exploit patented pharmaceutical inventions. This is to enable the manufacture of a pharmaceutical product in Australia for export to an eligible importing country, to address public health problems in that country.
This Chapter also provides generally for the surrender of patents, and for court orders revoking patents. The Federal Court may make an order under this Part requiring the grant of a compulsory licence to work a patented invention. The court may order a compulsory licence to be granted if the reasonable requirements of the public are not being met with respect to a patented invention.
The reasonable requirements of the public relate, broadly speaking, to whether Australian trade or industry is unreasonably affected by the actions of the patentee in relation to the manufacture or licensing of the invention or the carrying on of a patented process. The court may also order a compulsory licence to be granted if the patentee has engaged in restrictive trade practices in connection with the patent under the Competition and Consumer Act or under an application law within the meaning of that Act.
The court may order a patent to be revoked after an order for a compulsory licence has been made on the same grounds that apply to an order for a compulsory licence. The patentee must be paid an agreed amount of remuneration, or an amount of remuneration determined by the court.
Those proceedings are in the Federal Court, which can only exercise the judicial power of the Commonwealth. This section lets the court deal comprehensively with the proceedings without the need for a court of the State to determine whether the application law has been contravened. The Federal Court may make an order under this Part requiring the grant of a compulsory licence to exploit a patented pharmaceutical invention for manufacture and export to an eligible importing country.
The court may order a compulsory licence to be granted if the proposed use of the pharmaceutical product is to address a public health issue in the eligible importing country: The order may be amended or revoked by another order of the court. A patented pharmaceutical invention may be a patented product or a patented process: Can PPI be exploited if remuneration is not agreed or determined? Can PPI compulsory licence be revoked if remuneration is not agreed or determined?
Without prejudice to any other method of enforcement, a PPI order operates as if it were embodied in a deed granting or amending a licence and executed by the patentee and all other necessary parties. A PPI order must not be made that is inconsistent with a treaty between the Commonwealth and a foreign country. Nothing in this Part prevents the Federal Court from dealing with the following applications together: A patentee may offer to surrender a patent by giving the Commissioner written notice.
The Commissioner may accept the offer of surrender, and revoke the patent, after hearing all interested parties. If court proceedings are pending in relation to the patent, leave of the court, or the consent of the parties, is required. In addition, a court may revoke a patent on the following grounds: This Part also enables the Commissioner to appear and be heard in all proceedings under this Chapter.
An office copy of an order made under this Chapter must be served on the Commissioner by the Registrar or other appropriate officer of the court that made the order. A standard patent ceases if the patentee: To avoid doubt, a reference in this Chapter to the payment of a continuation fee or renewal fee by the applicant or patentee is taken to include a reference to the payment of that fee by a person other than the applicant or patentee.
The Commissioner may appear and be heard at the hearing of an appeal to the Federal Court against a decision or direction of the Commissioner even if the Commissioner is not a party to the appeal. On hearing an appeal against a decision or direction of the Commissioner, the Federal Court may do any one or more of the following: A reference in this Chapter to a nominated person or to a patentee includes a reference to the successor in title of the nominated person or patentee or an exclusive licensee of the nominated person or patentee.
A reference in this Chapter to the Commonwealth includes a reference to an authority of the Commonwealth and a reference to a State includes a reference to an authority of a State. In making the order, the court is to ensure that the legitimate interests of the Commonwealth or of the State are not adversely affected by the order. Where the Commonwealth has made an agreement with a foreign country to supply to that country products required for the defence of the country: Nothing in this Chapter affects the right of the Commonwealth or a State, or of a person deriving title directly or indirectly from the Commonwealth or a State, to sell or use an article forfeited under a law of the Commonwealth or the State.
The Commissioner, a Deputy Commissioner or an employee must not: The Register is to contain 2 parts as follows: Notice of any kind of trust relating to a patent or licence is not receivable by the Commissioner and must not be registered. The Personal Property Securities Act deals with the rights of purchasers of personal property including intellectual property such as patents that is subject to PPSA security interests. See the following provisions of that Act: The Commissioner may give any person information about: Certain particulars relating to registrations in respect of PPSA security interests under the Personal Property Securities Act are admissible in evidence: A certificate signed by the Commissioner in relation to an international application, certifying that: For the purposes of this Act, a person is the Designated Manager if the person occupies, or is acting in, a position that: Offence—failing to notify lack of patent attorney director.
Offence—acting after 7 days without patent attorney director. Designated Manager may appoint a registered patent attorney. Designated Manager may remove incorporated patent attorney from Register.
A legal practitioner must not prepare a specification, or a document relating to an amendment of a specification, unless: An incorporated patent attorney or an incorporated legal practice commits an offence if: A registered patent attorney commits an offence if: There is to be a seal of the Patent Office and impressions of the seal must be judicially noticed.
Exercise of power to require production of document or article. Costs awarded by the Commissioner against a party are recoverable as a debt.
An application, notice or request required or permitted under this Act to be made or signed by a person may be made or signed, on behalf of that person, by a registered patent attorney. A prescribed court may, if it thinks fit, call in the aid of an assessor to assist it in the hearing and trial or determination of any proceedings under this Act.
In any proceedings in which the validity of a patent is disputed, the court may, if it is satisfied that some of the claims in the complete specification which are alleged to be invalid are not invalid but that other claims are invalid, apportion the costs between the parties to the proceedings as it thinks just.
If a person who neither resides nor carries on business in Australia: Where, at the hearing of proceedings under this Act, a registered patent attorney attends in court for the purpose of assisting a party in the conduct of the hearing and an order is made for payment of the costs of that party, those costs may include an allowance for that attendance. In a wider context, risk reduction involves broad-based approaches to reducing the risks of toxic chemicals, taking into account the entire life cycle of the chemicals.
Such approaches could encompass both regulatory and non-regulatory measures, such as promotion of the use of cleaner products and technologies, pollution prevention procedures and programmes, emission inventories, product labelling, use limitations, economic incentives, procedures for safe handling and exposure regulations, and the phasing out or banning of chemicals that pose unreasonable and otherwise unmanageable risks to human health and the environment and of those that are toxic, persistent and bio-accumulative and whose use cannot be adequately controlled.
In the agricultural area, integrated pest management, including the use of biological control agents as alternatives to toxic pesticides, is one approach to risk reduction. Other areas of risk reduction encompass the prevention of chemical accidents, prevention of poisoning by chemicals and the undertaking of toxicovigilance and coordination of clean-up and rehabilitation of areas damaged by toxic chemicals.
The International Council of Chemical Associations ICCA has introduced initiatives regarding responsible care and product stewardship aimed at reduction of chemical risks. ILO has published a Code of Practice on the prevention of major industrial accidents and is preparing an international instrument on the prevention of industrial disasters for eventual adoption in The objective of the programme area is to eliminate unacceptable or unreasonable risks and, to the extent economically feasible, to reduce risks posed by toxic chemicals, by employing a broad-based approach involving a wide range of risk reduction options and by taking precautionary measures derived from a broad-based life-cycle analysis.
Consider adopting policies based on accepted producer liability principles, where appropriate, as well as precautionary, anticipatory and life-cycle approaches to chemical management, covering manufacturing, trade, transport, use and disposal; b.
Undertake concerted activities to reduce risks for toxic chemicals, taking into account the entire life cycle of the chemicals. These activities could encompass both regulatory and non-regulatory measures, such as promotion of the use of cleaner products and technologies; emission inventories; product labelling; use limitations; economic incentives; and the phasing out or banning of toxic chemicals that pose an unreasonable and otherwise unmanageable risk to the environment or human health and those that are toxic, persistent and bio-accumulative and whose use cannot be adequately controlled; c.
Adopt policies and regulatory and non-regulatory measures to identify, and minimize exposure to, toxic chemicals by replacing them with less toxic substitutes and ultimately phasing out the chemicals that pose unreasonable and otherwise unmanageable risk to human health and the environment and those that are toxic, persistent and bio-accumulative and whose use cannot be adequately controlled; d.
Promote establishment and strengthening, as appropriate, of national poison control centres to ensure prompt and adequate diagnosis and treatment of poisonings; g. Reduce overdependence on the use of agricultural chemicals through alternative farming practices, integrated pest management and other appropriate means; h.
Require manufacturers, importers and others handling toxic chemicals to develop, with the cooperation of producers of such chemicals, where applicable, emergency response procedures and preparation of on-site and off-site emergency response plans; i. Identify, assess, reduce and minimize, or eliminate as far as feasible by environmentally sound disposal practices, risks from storage of outdated chemicals.
Industry should be encouraged to: Develop an internationally agreed upon code of principles for the management of trade in chemicals, recognizing in particular the responsibility for making available information on potential risks and environmentally sound disposal practices if those chemicals become wastes, in cooperation with Governments and relevant international organizations and appropriate agencies of the United Nations system; b.
Develop application of a "responsible care" approach by producers and manufacturers towards chemical products, taking into account the total life cycle of such products; c. Adopt, on a voluntary basis, community right-to-know programmes based on international guidelines, including sharing of information on causes of accidental and potential releases and means of preventing them, and reporting on annual routine emissions of toxic chemicals to the environment in the absence of host country requirements.
Promote exchange of information on national and regional activities to reduce the risks of toxic chemicals; b. Cooperate in the development of communication guidelines on chemical risks at the national level to promote information exchange with the public and the understanding of risks. Collaborate to develop common criteria to determine which chemicals are suitable candidates for concerted risk reduction activities; b.
Coordinate concerted risk reduction activities; c. Develop guidelines and policies for the disclosure by manufacturers, importers and others using toxic chemicals of toxicity information declaring risks and emergency response arrangements; d.
Encourage large industrial enterprises including transnational corporations and other enterprises wherever they operate to introduce policies demonstrating the commitment, with reference to the environmentally sound management of toxic chemicals, to adopt standards of operation equivalent to or not less stringent than those existing in the country of origin; e.
Encourage and support the development and adoption by small- and medium-sized industries of relevant procedures for risk reduction in their activities; f. Develop regulatory and non-regulatory measures and procedures aimed at preventing the export of chemicals that are banned, severely restricted, withdrawn or not approved for health or environmental reasons, except when such export has received prior written consent from the importing country or is otherwise in accordance with the PIC procedure; g.
Encourage national and regional work to harmonize evaluation of pesticides; h. Promote and develop mechanisms for the safe production, management and use of dangerous materials, formulating programmes to substitute for them safer alternatives, where appropriate; i. Formalize networks of emergency response centres; j. Encourage industry, with the help of multilateral cooperation, to phase out as appropriate, and dispose of, any banned chemicals that are still in stock or in use in an environmentally sound manner, including safe reuse, where approved and appropriate.
The Conference secretariat has included most costs related to this programme in estimates provided for programme areas A and E. Governments, in cooperation with relevant international organizations and programmes, should: Promote technology that would minimize release of, and exposure to, toxic chemicals in all countries; b.
Strengthening of national capabilities and capacities for management of chemicals Basis for action Many countries lack national systems to cope with chemical risks.
Most countries lack scientific means of collecting evidence of misuse and of judging the impact of toxic chemicals on the environment, because of the difficulties involved in the detection of many problematic chemicals and systematically tracking their flow. Significant new uses are among the potential hazards to human health and the environment in developing countries.
In several countries with systems in place there is an urgent need to make those systems more efficient. Basic elements for sound management of chemicals are: As management of chemicals takes place within a number of sectors related to various national ministries, experience suggests that a coordinating mechanism is essential. By the year , national systems for environmentally sound management of chemicals, including legislation and provisions for implementation and enforcement, should be in place in all countries to the extent possible.
Governments, where appropriate and with the collaboration of relevant intergovernmental organizations, agencies and programmes of the United Nations system, should: Promote and support multidisciplinary approaches to chemical safety problems; b. Consider the need to establish and strengthen, where appropriate, a national coordinating mechanism to provide a liaison for all parties involved in chemical safety activities for example, agriculture, environment, education, industry, labour, health, transportation, police, civil defence, economic affairs, research institutions, and poison control centres ; c.
Develop institutional mechanisms for the management of chemicals, including effective means of enforcement; d. Establish and develop or strengthen, where appropriate, networks of emergency response centres, including poison control centres; e. Develop national and local capabilities to prepare for and respond to accidents by taking into account the UNEP APELL programme and similar programmes on accident prevention, preparedness and response, where appropriate, including regularly tested and updated emergency plans; f.
Develop, in cooperation with industry, emergency response procedures, identifying means and equipment in industries and plants necessary to reduce impacts of accidents.
Direct information campaigns such as programmes providing information about chemical stockpiles, environmentally safer alternatives and emission inventories that could also be a tool for risk reduction to the general public to increase the awareness of problems of chemical safety; b.
Establish, in conjunction with IRPTC, national registers and databases, including safety information, for chemicals; c. Generate field monitoring data for toxic chemicals of high environmental importance; d. Cooperate with international organizations, where appropriate, to effectively monitor and control the generation, manufacturing, distribution, transportation and disposal activities relating to toxic chemicals, to foster preventive and precautionary approaches and ensure compliance with safety management rules, and provide accurate reporting of relevant data.
Governments, with the cooperation of international organizations, where appropriate, should: Prepare guidelines, where not already available, with advice and check-lists for enacting legislation in the chemical safety field; b. Support countries, particularly developing countries, in developing and further strengthening national legislation and its implementation; c. Consider adoption of community right-to-know or other public information-dissemination programmes, when appropriate, as possible risk reduction tools.
Appropriate international organizations, in particular UNEP, OECD, the Economic Commission for Europe ECE and other interested parties, should consider the possibility of developing a guidance document on the establishment of such programmes for use by interested Governments.
The document should build on existing work on accidents and include new guidance on toxic emission inventories and risk communication. Such guidance should include harmonization of requirements, definitions and data elements to promote uniformity and allow sharing of data internationally; d. Build on past, present and future risk assessment work at an international level, to support countries, particularly developing countries, in developing and strengthening risk assessment capabilities at national and regional levels to minimize risk in the manufacturing and use of toxic chemicals; e.
Cooperate with all countries, particularly developing countries, in the setting up of an institutional mechanism at the national level and the development of appropriate tools for management of chemicals; g. Arrange information courses at all levels of production and use, aimed at staff working on chemical safety issues; h. Develop mechanisms to make maximum use in countries of internationally available information; i. Means of implementation a Financing and cost evaluation Promote the establishment and strengthening of national laboratories to ensure the availability of adequate national control in all countries regarding the importation, manufacture and use of chemicals; b.
Promote translation, where feasible, of internationally prepared documents on chemical safety into local languages and support various levels of regional activities related to technology transfer and information exchange. Enhance technical training for developing countries in relation to risk management of chemicals; b. Promote and increase support for research activities at the local level by providing grants and fellowships for studies at recognized research institutions active in disciplines of importance for chemical safety programmes.
Governments should organize, in collaboration with industry and trade unions, training programmes in the management of chemicals, including emergency response, targeted at all levels. In all countries basic elements of chemical safety principles should be included in the primary education curricula. Prevention of illegal international traffic in toxic and dangerous products There is currently no global international agreement on traffic in toxic and dangerous products toxic and dangerous products are those that are banned, severely restricted, withdrawn or not approved for use or sale by Governments in order to protect public health and the environment.
Illegal traffic refers to traffic that is carried out in contravention of a country's laws or relevant international legal instruments. The concern also relates to transboundary movements of those products that are not carried out in accordance with applicable internationally adopted guidelines and principles. Activities under this programme area are intended to improve detection and prevention of the traffic concerned. Further strengthening of international and regional cooperation is needed to prevent illegal transboundary movement of toxic and dangerous products.
Furthermore, capacity-building at the national level is needed to improve monitoring and enforcement capabilities involving recognition of the fact that appropriate penalties may need to be imposed under an effective enforcement programme. Other activities envisaged in the present chapter for example, under paragraph The objectives of the programme are: To reinforce national capacities to detect and halt any illegal attempt to introduce toxic and dangerous products into the territory of any State, in contravention of national legislation and relevant international legal instruments; b.
To assist all countries, particularly developing countries, in obtaining all appropriate information concerning illegal traffic in toxic and dangerous products. Governments, according to their capacities and available resources and with the cooperation of the United Nations and other relevant organizations, as appropriate, should: Adopt, where necessary, and implement legislation to prevent the illegal import and export of toxic and dangerous products; b.
Develop appropriate national enforcement programmes to monitor compliance with such legislation, and detect and deter violations through appropriate penalties. Governments should develop, as appropriate, national alert systems to assist in detecting illegal traffic in toxic and dangerous products; local communities, and others could be involved in the operation of such a system. Governments should cooperate in the exchange of information on illegal transboundary movements of toxic and dangerous products and should make such information available to appropriate United Nations bodies, such as UNEP and the regional commissions.
Governments and international organizations, as appropriate, should cooperate with developing countries in strengthening their institutional and regulatory capacities in order to prevent illegal import and export of toxic and dangerous products. Enhancement of international cooperation relating to several of the programme areas