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.