Singapore legislation

Regulation 36

of Geographical Indications Rules 2019

Regulation 36

Opposition hearing

Amended byS 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022

Subregulation 1

At any time after the filing of the statutory declaration mentioned in rule 31(1), or the expiry of the period specified in that rule for the filing of the statutory declaration, the Registrar must give notice to the parties of a date on which the Registrar will hear arguments on the case.

Subregulation 2

The parties must file with the Registrar their written submissions and bundles of authorities at least 2 weeks before the date of hearing, and must at the same time exchange with one another their respective written submissions and bundles of authorities.

Subregulation 3

Amended byS 398/2022 wef 26/05/2022

A party who intends to appear at the hearing must file with the Registrar Form HC1 before the hearing.

Subregulation 4

Amended byS 398/2022 wef 26/05/2022

A party who does not file with the Registrar Form HC1 before the hearing may be treated as not desiring to be heard, and the Registrar may —

(a)

proceed with the hearing in the absence of that party;

(b)

without proceeding with the hearing, give the Registrar’s decision or dismiss the proceedings; or (c)make such other order as the Registrar thinks fit.

Subregulation 5

Amended byS 398/2022 wef 26/05/2022

If, after filing with the Registrar Form HC1, a party does not appear at the hearing, the Registrar may —

(a)

proceed with the hearing in the absence of that party; (b)without proceeding with the hearing, give the Registrar’s decision or dismiss the proceedings; or

(c)

make such other order as the Registrar thinks fit.

Subregulation 6

Rule 37 applies after the Registrar gives a decision or order under paragraph (4) or (5) in relation to the proceedings, whether the hearing was proceeded with or not.

Subregulation 7

If neither party appears at the hearing, the Registrar may dismiss the proceedings.

Subregulation 8

Upon making any decision or order under paragraph (4) or (5) or dismissing any proceedings under paragraph (4), (5) or (7), the Registrar must notify every party of the decision, order or dismissal (as the case may be) in writing.

Subregulation 9

Any decision or order made by the Registrar under paragraph (4) or (5) in the absence of any party may, on the application of that party, be set aside by the Registrar on such terms as the Registrar thinks fit.

Subregulation 10

Any proceedings dismissed under paragraph (4), (5) or (7) may, on the application of any party, be restored on the direction of the Registrar.

Subregulation 11

An application under paragraph (9) or (10) must be made within 14 days after the date of the Registrar’s notification under paragraph (8).

Regulation 36 — Geographical Indications Rules 2019