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Service of documents

Geographical Indications Rules 2019

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—(1) Where the Act authorises or requires any document to be given or sent to, filed with or served on the Registrar, the giving, sending, filing or service must be effected on the Registrar by sending an electronic communication of the document using the electronic online system.(2) Where the Act authorises or requires a party to give or send a document to, or serve a document on, another party (other than the Registrar), the giving, sending or service may be effected —(a)by post;(b)by hand;(c)by courier; (ca)by sending an electronic communication using the electronic online system; or(d)subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means.(3) Where the Act authorises or requires any notice or other document to be given or sent to or served on any party by the Registrar, the Registrar may send the notice or other document to that party —(a)by post;(b)by hand;(c)by courier; or(d)by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), by any other electronic means.(3A) Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2).(3B) However, the use of electronic means under paragraph (2)(d), (3)(d) or (3A) must be with the consent (express or implied) of —(a)the party; or(b)the Registrar,to whom the notice or other document is being given or sent, filed with or served by those means.(4) Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service (as the case may be) of the notice or other document is treated (until the contrary is proved) as occurring at the time at which the notice or document would have been delivered in the ordinary course of post.(5) For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by prepaid post to the party at the party’s address for service mentioned in rule 11 or 12.(6) Despite the availability of an address for service mentioned in rule 11 or 12, where any notice or other document is given or sent to or served on a person by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(d) or (3A), that notice or document is taken to have been duly given or sent to or served on the person.(7) Service of any notice or other document under the Act on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 86A(4).(7A) A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —(a)if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or(b)if that time falls on such excluded day — on the next following day that is not such excluded day.(7B) A notice or other document that is —(a)transmitted to the Registrar or a party by means of the electronic online system; and(b)received, by the server of that system set up to receive such transmissions, at any time before midnight on any day,is treated as sent to, filed with or served on, and received by, the Registrar or the party —(c)if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or the party the notice or document by means of that system — at that time and on that day; or(d)if that day is such excluded day — on the next following day that is not such excluded day.(7C) For the purposes of paragraph (7B), the notice or document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph.(7D) Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —(a)the sending, filing or service of that notice or document; and(b)the date and time when the sending, filing or service took place.(8) This rule does not apply to notices and documents to be served in proceedings in the Court.

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