Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 192

Orders for rectification of Register

  (1)   A person aggrieved by:

  (a)   the omission of an entry from the Register; or

  (b)   an entry made in the Register without sufficient cause; or

  (c)   an entry wrongly existing in the Register; or

  (d)   an error or defect in an entry in the Register;

may apply to a prescribed court for an order to rectify the Register.

  (2)   On hearing an application, the court may:

  (a)   decide any question which it is necessary or expedient to decide in connection with the rectification of the Register; and

  (b)   make any order it thinks fit for the rectification of the Register.

  (3)   The Commissioner:

  (a)   must be given notice of an application; and

  (b)   may appear and be heard in the proceedings; and

  (c)   must appear if directed to do so by the court.

  (4)   An office copy of an order must be served on the Commissioner by the Registrar or other appropriate officer of the court.

  (5)   On receiving an office copy of an order, the Commissioner must rectify the Register accordingly.



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