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Part 2 · Registration of Geographical Indication

37. Registrar’s decision in opposition proceedings

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Amended

Last amended by an amending law of 2022.

(1)

Subject to paragraph (2), the Registrar must inform the parties of the Registrar’s decision —

(a)

in a case where the duration of the hearing is one day or less, within one month after the date of the hearing; or

(b)

in any other case, within one month after the last day of the hearing.

(2)

Where the Registrar grants permission to one or more parties to file closing submissions on a date which is after the last day of the hearing, the Registrar must inform all parties of the Registrar’s decision within one month after the date of filing of those submissions.

(3)

Where a party wishes to have the Registrar’s grounds of decision, the party must, within one month after the date of the Registrar’s decision, file with the Registrar a request in Form HC5 for the Registrar to state the grounds of decision.

(4)

The Registrar must, within 3 months after the date of filing of the request mentioned in paragraph (3), serve the grounds of decision on the party who made the request.

(5)

The date on which the Registrar’s grounds of decision is served on the party under paragraph (4) is considered the date of the Registrar’s decision for the purpose of an appeal.

Subregulation 1

Subject to paragraph (2), the Registrar must inform the parties of the Registrar’s decision —

(a)

in a case where the duration of the hearing is one day or less, within one month after the date of the hearing; or

(b)

in any other case, within one month after the last day of the hearing.

Subregulation 2

Where the Registrar grants permission to one or more parties to file closing submissions on a date which is after the last day of the hearing, the Registrar must inform all parties of the Registrar’s decision within one month after the date of filing of those submissions.

Subregulation 3

Where a party wishes to have the Registrar’s grounds of decision, the party must, within one month after the date of the Registrar’s decision, file with the Registrar a request in Form HC5 for the Registrar to state the grounds of decision.

Subregulation 4

The Registrar must, within 3 months after the date of filing of the request mentioned in paragraph (3), serve the grounds of decision on the party who made the request.

Subregulation 5

The date on which the Registrar’s grounds of decision is served on the party under paragraph (4) is considered the date of the Registrar’s decision for the purpose of an appeal.

Report

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Qualification of Rights

Part 4

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Part 5

Renewal of Registration of Geographical Indication

Part 6

Cancellation

Part 7

Evidence and Procedure

Part 8

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Part 9

Extension of Time and Continued Processing

Part 9A

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Part 11

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