Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p91
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 91/154)
Character Range: 433393–436201

design; or
 (b) section 120 of the Designs Act, for the rectification of the Register;
must file an originating application that includes particulars of the grounds for revocation or rectification on which the party making the application relies.
 (2) A party is not entitled to tender any evidence, or make any submissions in support, of a ground for revocation or rectification not stated in the application.

34.39  Infringement of monopoly in protected design—particulars—Olympic Insignia Protection Act
  A person who wants relief for an infringement of the monopoly in a protected design under the Olympic Insignia Protection Act must file an originating application that includes particulars of the infringement:
 (a) specifying the manner in which the infringement of the monopoly in a protected design is alleged to be infringed; and
 (b) giving at least one instance of each type of infringement alleged.

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.

34.41  Applications under section 105(1) of Patents Act
 (1) An applicant who wants an order under section 105(1) of the Patents Act must give the Commissioner a notice of intention to apply for the order, accompanied by an advertisement stating the following:
 (a) the identity of the proceeding, or proposed proceeding, in which the application will be made;
 (b) the particulars of the amendment sought;
 (c) the applicant's address for service;
 (d) that a person intending to oppose the application who is not a party to the proceeding or proposed proceeding must, within 28 days after publication of the advertisement, give written notice of that intention to:
 (i) the Commissioner; and
 (ii) each party to the proceeding.
 (2) The Commissioner must publish the advertisement in the Official