An application for a declaration of invalidity may be made to the registrar in relation to a design at any time after the design has been registered1. An application for a declaration of invalidity must be in the prescribed form and include a statement of the grounds on which the application is made2. The statement of grounds must include a concise statement of the facts and grounds on which the applicant relies and be verified by a statement of truth3. The registrar4 must send a copy of the form and the statement of case to the registered proprietor5. The
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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