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Part 4 · Patents Act 1994

45. Applications relating to certain contracts (section 52(3)); references of disputes as to Government use (section 58)

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(1)

The following proceedings must be commenced by originating application:

(a)

an application under section 52(3);

(b)

proceedings for the determination of a dispute referred to the Court under section 58.

(2)

There must be at least 14 days between the service of an originating application under this rule and the hearing date.

(3)

On the hearing of an originating application under this rule, the Court must give directions for the further conduct of the proceedings as the Court thinks necessary or expedient, including directions relating to —

(a)

the service of particulars;

(b)

the manner in which the evidence must be given; and

(c)

the hearing date.

Subregulation 1

The following proceedings must be commenced by originating application:

(a)

an application under section 52(3);

(b)

proceedings for the determination of a dispute referred to the Court under section 58.

Subregulation 2

There must be at least 14 days between the service of an originating application under this rule and the hearing date.

Subregulation 3

On the hearing of an originating application under this rule, the Court must give directions for the further conduct of the proceedings as the Court thinks necessary or expedient, including directions relating to —

(a)

the service of particulars;

(b)

the manner in which the evidence must be given; and

(c)

the hearing date.

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