Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 5 · Registered Designs Act 2000
54. Defendant may dispute validity of registration, etc.
Feedback & supportThe defendant in an action for an infringement of a registered design may do all or any of the following in its pleadings:
dispute the validity of the registration of the design;
counterclaim for the registration of the design to be revoked;
counterclaim for the register to be rectified.
If the defendant does anything mentioned in paragraph (1), the defendant must —
serve, with the defendant’s pleadings, particulars of the defendant’s objections to the validity of the registration; and
serve the pleadings and particulars on the Registrar within 7 days after filing them.
Subregulation 1
The defendant in an action for an infringement of a registered design may do all or any of the following in its pleadings:
dispute the validity of the registration of the design;
counterclaim for the registration of the design to be revoked;
counterclaim for the register to be rectified.
Subregulation 2
If the defendant does anything mentioned in paragraph (1), the defendant must —
serve, with the defendant’s pleadings, particulars of the defendant’s objections to the validity of the registration; and
serve the pleadings and particulars on the Registrar within 7 days after filing them.