(1) A party who ¾
(a) applies under section 12(9) of the Olympic Insignia Protection Act for the rectification of the Register; or
(b) disputes the validity of a protected design under the Olympic Insignia Protection Act —
shall, by the pleading in which the party makes that application or disputes such validity, set out the grounds for rectification or of invalidity on which that party relies and the material facts relied on in support of each ground.
(2) If a ground relied on is based on information contained in a document or arises through the doing of an act, the pleading shall specify face="Symbol">¾
(a) in the case of a document—
(i) the time when, and the place where, the document is alleged to have become publicly available; and
(ii) whether the whole or some part and, if so, which part of the document is relied on;
(b) in the case of an act ¾
(i) the name of the person alleged to have done the act;
(ii) the period in which, and the place where, the act is alleged to have been done;
(iii) a description that is sufficient to identify the act; and
(iv) if the act relates to an article, apparatus or machinery, whether the article, apparatus or machinery exists and, if so, where it can be inspected.
(3) Any party served with a pleading as provided by paragraph (1) shall, unless the Judge otherwise orders, file and serve on each other party to the proceeding an answer to the pleading.
(4) Except by leave of the Judge, evidence is not
admissible in proof of a ground for rectification or of invalidity in relation
to which the requirements of paragraphs (1) and (2) have not been satisfied.