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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.40 Application for rectification of Register of Olympic Designs or dispute of validity of protected design

FEDERAL COURT RULES 2011 (SLI NO 134 OF 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.