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Part 2 · Simplified Process for Certain Intellectual Property Claims

4. What originating claims are suitable for this Part

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(1)

An originating claim is suitable for this Part if —

(a)

the dispute involves an intellectual property right;

(b)

one of the following conditions applies:

(i)

the monetary relief claimed by each party (whether in relation to an intellectual property right or otherwise) in the action does not or is not likely to exceed $500,000;

(ii)

all parties agree to the application of this Part; and

(c)

the case is otherwise suitable for this Part, having regard to the following matters:

(i)

whether a party can only afford to bring or defend the claim under this Part;

(ii)

the complexity of the issues;

(iii)

whether the estimated length of the trial is likely to exceed 2 days;

(iv)

any other relevant matter.

(2)

For the purposes of this Part —

(a)

a party may file and serve the form to abandon any claim for monetary relief in excess of $500,000;

(b)

the form has effect if and only if this Part applies to the originating claim; and

(c)

the form may be withdrawn only with the permission of the Court.

Subregulation 1

An originating claim is suitable for this Part if —

(a)

the dispute involves an intellectual property right;

(b)

one of the following conditions applies:

(i)

the monetary relief claimed by each party (whether in relation to an intellectual property right or otherwise) in the action does not or is not likely to exceed $500,000;

(ii)

all parties agree to the application of this Part; and

(c)

the case is otherwise suitable for this Part, having regard to the following matters:

(i)

whether a party can only afford to bring or defend the claim under this Part;

(ii)

the complexity of the issues;

(iii)

whether the estimated length of the trial is likely to exceed 2 days;

(iv)

any other relevant matter.

Subregulation 2

For the purposes of this Part —

(a)

a party may file and serve the form to abandon any claim for monetary relief in excess of $500,000;

(b)

the form has effect if and only if this Part applies to the originating claim; and

(c)

the form may be withdrawn only with the permission of the Court.

Report

Part 3

Geographical Indications Act 2014

Part 4

Patents Act 1994

Part 5

Registered Designs Act 2000

Part 6

Trade Marks Act 1998