Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.40

Application for rectification of Register of Olympic Designs or dispute of validity of protected design

             (1)  A party who:

                     (a)  applies under section 12(6) or 12(9) of the Olympic Insignia Protection Act for the rectification of the Register of Olympic Designs; or

                     (b)  disputes the validity of a protected design;

must include in the application or the pleading, particulars of the grounds for rectification or of invalidity on which the party relies.

             (2)  If a ground mentioned in subrule (1) is previous publication or user, the particulars must:

                     (a)  state the time and place of the previous publication or user alleged; and

                     (b)  if the ground is previous user, the particulars must include:

                              (i)  the name of the person who is alleged to have been the previous user; and

                             (ii)  the period during which the previous user is alleged to have continued; and

                            (iii)  a description sufficient to identify the previous user.

             (3)  A party is not entitled to tender any evidence in or make any submissions in support of the ground for revocation or rectification not stated in the application.



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