Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p109
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 272427–275180

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.

17A.70  Correction of errors or omissions in Record of International Registrations
 (1) The Registrar may, on his or her own initiative, correct any error or omission in the Record of International Registrations.
 (2) A prescribed court may, on the application of an aggrieved person, order that the Registrar rectify the Record of International Registrations by:
 (a) entering anything wrongly omitted from it; or
 (b) correcting any error in it.
 (3) Section 90 of the Act applies, with the necessary modifications, for the purposes of an application under subregulation (2).

17A.71  Passing off actions
  Subsection 230(2) of the Act applies for the purposes of an action for passing off arising out of the use of a protected international trade mark in the same way as it applies for the purposes of an action for passing off arising out of the use of a registered trade mark.

17A.72  Documents to be made available for public inspection
  Section 217A of the Act and regulation 21.11A apply in relation to:
 (a) a trade mark that is the subject of an IRDA; or
 (b) a protected international trade mark;
as if the reference in subsection 217A(1) to the time particulars of the application for registration of the trade mark are published under section 30 were a reference to the time of inclusion of the particulars of the IRDA in the Record of International Registrations under subregulation 17A.66(2).

17A.73  Security for costs
  If a person who neither resides nor carries on business in Australia:
 (a) files a notice of opposition to an IRDA as mentioned in subregulation 17A.32(1); or
 (b) applies to the Registrar under regulation 17A.48C for the cessation of the protection extended to a protected international trade mark;
the Registrar may require the person to give security for the costs of the proceeding and may, if security is not given, dismiss the proceeding.

17A.74  Address for service of documents

Application of regulation
 (1) This regulation applies in relation to the following persons:
 (a) the holder of an IRDA;
 (b) the holder of a protected international trade mark;
 (c) a person who applies under regulation 17A.61 to have a claim recorded;
 (d) a person whose claim is recorded under regulation 17A.62;
 (e) a person who opposes the extension of protection in Australia to a trade mark that is the subject of an IRDA by filing a notice of opposition as mentioned in subregulation 17A.32(1);
 (f)