Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if the Registrar exercises any of the powers mentioned in subregulation 17A.42A(1).
(2) Subject to subregulation (3), the exercise by the Registrar of a power mentioned in subregulation 17A.42A(1) is taken to have had effect from the date of effect of the protection of the protected international trade mark, and in particular:
(a) any reduction in scope of the protection is taken to apply from that date; and
(b) any condition or limitation imposed by the Registrar is taken to have had effect from that date; and
(c) any removal or amendment of an entry in the Record of International Registrations is taken to have had effect from that date.
Note: See regulation 17A.4 for the meaning of date of effect .
(3) For subregulation (2), the exercise of a power mentioned in subregulation 17A.42A(1) has effect as follows:
(a) for the application of a provision in Part 12, 13 or 14 of the Act as applied by regulation 17A.39, or a provision in Part 13 of these regulations--from the date the power is exercised;
(b) for the application of subsection 230(2) of the Act as applied by regulation 17A.71:
(i) in relation to a defendant who was the holder of the protected international trade mark before the exercise of the power--from the date the power is exercised; or
(ii) in relation to a defendant who was an authorised user of
the protected international trade mark before the exercise of the power--from
the date the defendant becomes aware of the exercise of the power.