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Part 4 · Patents Act 1994

48. Registrar to be notified of proceedings, etc., and may take part

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(1)

In any proceedings under the Act —

(a)

the party that commenced the proceedings must —

(i)

serve the originating process on the Registrar within 7 days after the originating process is issued;

(ii)

if the proceedings are entirely discontinued or withdrawn, notify the Registrar within 7 days after the discontinuance or withdrawal takes effect; and

(iii)

notify the Registrar of the judgment of the Court within 7 days after the judgment is given;

(b)

a defendant that entirely discontinues or withdraws its defence or counterclaim must notify the Registrar within 7 days after the discontinuance or withdrawal takes effect; and

(c)

a party that files a notice of appeal against the judgment of the Court must —

(i)

notify the Registrar within 7 days after the notice of appeal is filed;

(ii)

if the appeal is withdrawn, notify the Registrar within 7 days after the withdrawal takes effect; and

(iii)

notify the Registrar of the judgment of the appellate court within 7 days after the judgment is given.

(2)

Notice under paragraph (1) must be given in writing.

(3)

The Registrar —

(a)

may take part in any proceedings under the Act to the extent permitted by the Court; but(b)need not serve a defence or other pleading unless ordered to do so by the Court.

Subregulation 1

In any proceedings under the Act —

(a)

the party that commenced the proceedings must —

(i)

serve the originating process on the Registrar within 7 days after the originating process is issued;

(ii)

if the proceedings are entirely discontinued or withdrawn, notify the Registrar within 7 days after the discontinuance or withdrawal takes effect; and

(iii)

notify the Registrar of the judgment of the Court within 7 days after the judgment is given;

(b)

a defendant that entirely discontinues or withdraws its defence or counterclaim must notify the Registrar within 7 days after the discontinuance or withdrawal takes effect; and

(c)

a party that files a notice of appeal against the judgment of the Court must —

(i)

notify the Registrar within 7 days after the notice of appeal is filed;

(ii)

if the appeal is withdrawn, notify the Registrar within 7 days after the withdrawal takes effect; and

(iii)

notify the Registrar of the judgment of the appellate court within 7 days after the judgment is given.

Subregulation 2

Notice under paragraph (1) must be given in writing.

Subregulation 3

The Registrar —

(a)

may take part in any proceedings under the Act to the extent permitted by the Court; but(b)need not serve a defence or other pleading unless ordered to do so by the Court.

Report

Part 5

Registered Designs Act 2000

Part 6

Trade Marks Act 1998