Skip to content
In forceAmended2002 Revised Edition

62. Order of Court and certificate of validity

Feedback & support
Amended

Last amended by an amending law of 2021.

(1)

Where an order is made by the Court or any other competent authority in any matter under the Act, the person, or one of the persons, in whose favour the order is made shall, as soon as practicable, file with the Registrar a copy of the order by way of a written request.

(2)

If the order is to rectify or alter the Register, the Registrar shall rectify or alter the Register in accordance with such order.

(3)

Where the Court has certified under section 43(1) of the Act —

(a)

that the registration of a design is found to be valid in any proceedings before the Court; and

(b)

the fact that the validity of the registration was contested in the proceedings, the registered owner may file a written request with the Registrar to add to the entry of the registered design in the Register a note that the certificate has been given in the course of the proceedings, and a copy of the certificate must be filed together with the written request.

(4)

The Registrar, must on receipt of the written request mentioned in paragraph (3) and the copy of the certificate, add the note to the entry of the registered design in the Register.

(5)

Where the Registrar has certified under section 43(1) of the Act —

(a)

that the registration of a design is found to be valid in any proceedings before the Registrar; and

(b)

the fact that the validity of the registration was contested in the proceedings,the Registrar must add to the entry of the registered design in the Register a note that such certificate has been given in the course of the proceedings.

Subregulation 1

Where an order is made by the Court or any other competent authority in any matter under the Act, the person, or one of the persons, in whose favour the order is made shall, as soon as practicable, file with the Registrar a copy of the order by way of a written request.

Subregulation 2

If the order is to rectify or alter the Register, the Registrar shall rectify or alter the Register in accordance with such order.

Subregulation 3

Where the Court has certified under section 43(1) of the Act —

(a)

that the registration of a design is found to be valid in any proceedings before the Court; and

(b)

the fact that the validity of the registration was contested in the proceedings, the registered owner may file a written request with the Registrar to add to the entry of the registered design in the Register a note that the certificate has been given in the course of the proceedings, and a copy of the certificate must be filed together with the written request.

Subregulation 4

The Registrar, must on receipt of the written request mentioned in paragraph (3) and the copy of the certificate, add the note to the entry of the registered design in the Register.

Subregulation 5

Where the Registrar has certified under section 43(1) of the Act —

(a)

that the registration of a design is found to be valid in any proceedings before the Registrar; and

(b)

the fact that the validity of the registration was contested in the proceedings,the Registrar must add to the entry of the registered design in the Register a note that such certificate has been given in the course of the proceedings.

Report