65Protection of proper name or end use

65 Protection of proper name or end use

Applying for protection for proper name (1) For the purposes of paragraph 105(1)(d) of the Act, the following circumstances are prescribed: (a) that the person gives notice under subsection 112(1) of the Act for information relating to the industrial chemical to be subject to Subdivision B of Division 4 of Part 6 of the Act; (b) that the Executive Director gives notice, under subsection 113(1) of the Act, to the person nominated in the notice mentioned in paragraph (a) of this subsection of a proposal to publish the proper name for the industrial chemical. Applying for protection for end use (2) For the purposes of paragraph 105(2)(f) of the Act, the following circumstances are prescribed: (a) that: (i) the person gives notice under subsection 112(1) of the Act for information relating to the industrial chemical to be subject to Subdivision B of Division 4 of Part 6 of the Act; and (ii) the Executive Director gives notice, under subsection 113(1) of the Act, to the person nominated in the notice mentioned in subparagraph (i) of this paragraph of a proposal to publish the end use for that industrial chemical; (b) that the person makes an application under section 62 of the Act to vary the end use specified in a commercial evaluation authorisation. Time for making applications (3) For the purposes of paragraph 105(4)(b) of the Act, if: (a) a circumstance mentioned in subsection (1) or paragraph (2)(a) of this section applies—the time for giving an application is within 20 working days after the day notice is given as mentioned in paragraph (1)(b) or subparagraph (2)(a)(ii) of this section (as the case requires); or (b) all of the following apply: (i) an applicant gives information to the Executive Director under subsection 167(4) of the Act before the decision on an application (the original application) is made; (ii) the information includes an end use for the industrial chemical that was not included in the original application; (iii) the application for protection under subsection 105(2) of the Act relates to that end use; the time for giving the application for protection is at the same time as the information referred to in subparagraph (i) of this paragraph is given.

Note: If information that is relevant to an applicant becomes available to an applicant before a decision is made on the application, subsection 167(4) of the Act requires the applicant to give that information to the Executive Director as soon as practicable after it becomes available to the person.