Application for rectification of Register of Olympic Designs or dispute of validity of protected design
34.40 Application for rectification of Register of Olympic Designs or dispute of validity of protected design
A party who:
applies under section 12(6) or 12(9) of the Olympic Insignia Protection Act for the rectification of the Register of Olympic Designs; or
disputes the validity of a protected design;
must include in the application or the pleading, particulars of the grounds for rectification or of invalidity on which the party relies.
If a ground mentioned in subrule (1) is previous publication or user, the particulars must:
state the time and place of the previous publication or user alleged; and
if the ground is previous user, the particulars must include:
the name of the person who is alleged to have been the previous user; and
the period during which the previous user is alleged to have continued; and
a description sufficient to identify the previous user.
A party is not entitled to tender any evidence in or make any submissions in support of the ground for revocation or rectification not stated in the application.
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