Trade-Related Aspects of Intellectual Property Rights - Laws and Regulations under TRIPS Art. 63.2

Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)

Other law or regulation (Other laws and regulations can be notified in a Member's national language)

6. Brief description

The amendment of Rule 10 is a consequence of the separation of procedures for dealing with rectifications of the register and revocations (Rule 41) from those dealing with applications for declarations of invalidity (now under new Rule 41A). The inclusion of new Rule 17A is to set out the modalities for filing observations on bad faith grounds in relation to a trademark application. The inclusion of new Rule 18A is for the purpose of setting a maximum period for any stay requested in opposition proceedings. The amendment to Rule 19 is to set out when, in opposition proceedings, an applicant for the registration of a trademark may request the opponent to furnish proof of use. The amendment to Rule 20 sets out the requirements for an opponent, subject to a request pursuant to section 43A of the Trade Marks Act of 1996, to file proof of use of their trademark. The amendments to Rule 41 are for the purposes of confining the rule to provisions relating to revocations and rectifications of the register. New Rules 41A, 41B and 41C are for the purposes of setting out separate procedures for a declaration of invalidity which were previously in Rule 41. The amendment to Rule 60 is to ensure that applications for a declaration of invalidity continue to be available for inspection under certain prescribed conditions. The amendment to Rule 63 is to provide that the time-period for filing a counter-statement in invalidity proceedings cannot be extended beyond the period provided for in Rule 41B(1). The amendment to Schedule 3 of SI 482 of 2001 - Patents, Trade Marks and Designs (Fees) Rules, 2001 is for the purposes of inserting a reference to new Rule 41A in the fee item at reference No. 15.

7. Date of entry into force

Date of entry into force (DD/MM/YYYY)

Please provide explanation if necessary

8. Other date

Adoption, or

Enactment, or

Publication, or

Issuance by legislature or executive

None

DD/MM/YYYY

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Main information

1. Notifying Member

2. Subject matter

3. Notification status

4. Title of law or regulation

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes