Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p44
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 113584–116327

the defendant, before becoming a defendant in the proceedings, notified the Commissioner under paragraph 3.29(1) of the deposit requirement that has ceased to be satisfied; and
 (b) the applicant for the patent or the patentee fails to take the steps referred to in paragraph 41(4)(b) of the Act within the appropriate period prescribed by subregulation 3.30(1) for the purposes of that paragraph.

3.27  Procedure in proceedings for breach of an undertaking
  In proceedings referred to in subregulation 3.26(1) for breach of an undertaking:
 (a) the plaintiff must deliver particulars of the breaches complained of:
 (i) with the statement of claim or declaration; or
 (ii) by order of the court, at a later time; and
 (b) the defendant must deliver particulars of any objections on which the defendant relies:
 (i) with the statement of defence or plea; or
 (ii) by order of the court, at a later time.

3.28  Relief in proceedings for breach of undertakings
 (1) In proceedings referred to in subregulation 3.26(1), the court may:
 (a) make an order for inspection; and
 (b) impose terms and give directions with respect to the inspection.
 (2) In proceedings referred to in subregulation 3.26(1), the court may grant such relief as it thinks fit, including:
 (a) an injunction on such terms as it thinks fit; or
 (b) an order for damages; or
 (c) an order for an account of profits; or
 (d) an order with respect to any security given under paragraph 3.25(2)(b); or
 (e) an order on such terms as it thinks fit to deliver to such person as it thinks fit the micro‑organism or any substance or thing derived directly or indirectly from that micro‑organism as a result of the breach of the undertaking, including:
 (i) any products made by using that micro‑organism; and
 (ii) any other micro‑organisms derived from that micro‑organism; and
 (iii) any products made by using those other micro‑organisms.

3.29  Notification that a deposit requirement has ceased to be satisfied
 (1) If a deposit requirement ceases to be satisfied in relation to a micro‑organism to which a specification filed in respect of a patent application or patent relates, a person other than the applicant or patentee may, after the specification has become open to public inspection, notify the Commissioner in the approved form of the requirement referred to in paragraph 6(c) or (d) of the Act that has ceased to be satisfied.
 (2) As soon as practicable after receiving a notice under subregulation (1), the Commissioner must give a copy of the notice to the applicant or patentee.
 (3) If the Commissioner learns, otherwise than by a notice referred to in subregulation (1), of facts that may establish that a requirement referred to in that subregulation has