Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p94
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 94/154)
Character Range: 440906–443575

(i) the name of the person alleged to have done the act; and
 (ii) the period within which, and the place where, the act is alleged to have been done publicly; and
 (iii) a description that is sufficient to identify the act; and
 (iv) if the act relates to apparatus or machinery—whether the apparatus or machinery exists and, if so, where it can be inspected.
 (3) If a ground mentioned in subrule (1) is that the invention, to the extent that is alleged in the complete specification of the patent, is not useful, and it is intended for that ground to rely on the fact that an example of the invention that is the subject of the claim cannot be made to work at all or as described in the specification, the particulars must:
 (a) identify each claim; and
 (b) state that fact; and
 (c) include particulars of each such example, specifying the respect in which it is alleged that it does not work at all or as described.
 (4) A party is not entitled to tender any evidence in, or make any submissions in support of, a ground for revocation or rectification not stated in the application.

34.47  Infringement of PBR—particulars
 (1) An originating application seeking relief for infringement of a PBR under the Plant Breeder's Rights Act must include particulars of the infringement:
 (a) specifying the manner in which the PBR is alleged to be infringed; and
 (b) giving at least one instance of each type of infringement alleged.
 (2) A respondent in a proceeding mentioned in subrule (1) who relies, in a counterclaim, on a ground mentioned in section 54(2) of the Plant Breeder's Rights Act must give particulars of the facts the respondent intends to rely on for the ground.

34.48  Infringement of registered trade marks—particulars
  An originating application seeking relief for infringement of a registered trade mark under the Trade Marks Act must include particulars of the infringement:
 (a) specifying the manner in which the trade mark is alleged to be infringed; and
 (b) giving at least one instance of each type of infringement alleged.

34.49  Dispute of validity of registration of trade mark—particulars of invalidity
 (1) A party who disputes the validity of the registration of a registered trade mark under the Trade Marks Act must include, in the pleading or other document in which the party disputes the validity of registration, particulars of the grounds of invalidity on which the party relies.
 (2) A party is not entitled to tender any evidence in or make any submissions in support of a ground for revocation or rectification not stated in the application.

34.50  Experimental proof as evidence
 (1) If a party (the proponent) proposes