Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 65(3)(a) of the Act, the procedures set out in this regulation are prescribed for the conduct of an examination of a design.
(2) If, after considering under subsection 65(1) of the Act whether a ground for revocation under subsection 65(2) of the Act exists, the Registrar is satisfied that a ground for revocation has been made out, the Registrar must notify the registered owner as required under subsection 66(2) of the Act.
Note: See section 67 of the Act for what is to happen if the Registrar is satisfied that a ground for revocation has not been made out.
(3) A registered owner may respond to a notification given under subsection 66(2) of the Act (including a further notification mentioned in subregulation (6)) by:
(a) contesting, in writing, the ground for revocation; or
(b) requesting amendment of the Register as provided under subsection 66(3) of the Act.
(4) If the registered owner responds by contesting the ground in writing, the Registrar must reconsider whether a ground for revocation under subsection 65(2) of the Act exists, taking into account the written submissions made by the registered owner.
(5) If the registered owner responds by requesting amendment of the Register, the Registrar must consider whether the ground for revocation would be removed if the Register were amended as proposed in the request.
(6) If:
(a) after the reconsideration mentioned in subregulation (4), the Registrar remains satisfied that a ground for revocation has been made out; or
(b) after the consideration mentioned in subregulation (5), the Registrar is satisfied that the ground would not be removed if the Register were amended as proposed;
the Registrar must:
(c) give a further notification to the registered owner under subsection 66(2) of the Act; or
(d) give the registered owner a reasonable opportunity to be heard under paragraph 68(4)(a) of the Act.
(7) A further notification mentioned in subregulation (6) must, in addition to stating that a ground for revocation has been made out, include a statement to the following effect:
(a) if the registered owner has contested the ground in writing--that the Registrar has taken into account the written submissions made by the registered owner;
(b) if the registered owner has requested amendment of the Register--that the ground would not be removed if the Register were amended as proposed.
Note: See section 67 of the Act for what is to happen if the Registrar is satisfied that a ground for revocation has not been made out or that any such ground would be removed if the Register were amended as proposed.
(8) If the request for examination was made by a person other than the registered owner, the Registrar must give a copy of the notification given under subsection 66(2) of the Act (including a further notification mentioned in subregulation (6)) to the person who requested the examination.
Note: See section 68 of the Act for what is to happen if the Registrar remains satisfied that a ground for revocation has been made out and the ground would not be removed if the Register were amended as proposed.