s 34.38
In forceRevocation of registration or rectification of Register—Designs Act
Chapter 3Original jurisdiction—special classes of proceedings
Part 34Other proceedings
Division 34.3Intellectual property
34.38 Revocation of registration or rectification of Register—Designs Act
(1)
A person who wants an order under:
(a)
section 93 of the Designs Act, to revoke the registration of a design; or
(b)
section 120 of the Designs Act, for the rectification of the Register;
must file an originating application that includes particulars of the grounds for revocation or rectification on which the party making the application relies.
(2)
A party is not entitled to tender any evidence, or make any submissions in support, of a ground for revocation or rectification not stated in the application.
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