Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.69

Evidence--international instruments

  (1)   In any proceedings relating to a trade mark that is the subject of an IRDA or is a protected international trade mark, a copy of any of the following documents is admissible in evidence:

  (a)   the WIPO Gazette of International Marks published by the International Bureau;

  (b)   an entry in or extract from the International Register, issued by the International Bureau;

  (c)   any other instrument, or an entry in or extract from any other instrument, issued by the International Bureau.

  (2)   In any such proceedings:

  (a)   an instrument that purports to have been issued by the International Bureau is taken to have been issued by the International Bureau unless the contrary is proved; and

  (b)   an instrument that purports to be the WIPO Gazette of International Marks published by the International Bureau is taken to be that Gazette unless the contrary is proved.

  (3)   Also in any such proceedings, evidence of the Protocol or the Madrid Regulations may be adduced by producing a book or pamphlet containing the Protocol or the Madrid Regulations that purports to have been printed by authority of:

  (a)   the World Intellectual Property Organization; or

  (b)   another person or body that the court considers to be a reliable source of information.


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