Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 196

Evidence--unregistered particulars

  (1)   A document in respect of which particulars have not been entered in the Register is not admissible in any proceedings in proof of the title to a patent or to an interest in a patent unless:

  (a)   the court or tribunal before which the proceedings are brought otherwise directs; or

  (b)   the proceedings are:

  (i)   for an order under section   192; or

  (ii)   to enforce equities in relation to a patent or licence.

  (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.


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