PA 20B - Effect of reinstatement Flashcards
What does S20B cover
The effect of Reinstatement under S20A
What are the effects of reinstatement
S20B(2)
Anything done with or to the application between the loss and reinstatement will be treated as valid.
What happens if actions between the loss and reinstatement are done in bad faith
S20B(3)
IF THE APPLICATION WAS ALREADY PUBLISHED
then infringing acts are treated as such
a) IF done during a potential extension to the R20A(1) period under the acts or rules OR
b) IF continuing / repeating an earlier infringement
What happens if actions between the loss and reinstatement are done in good faith
S20B(4)
IF THE APPLICATION WAS ALREADY PUBLISHED, then between termination and notice of a request of reinstatement, anyone who
a) begins in good faith to effectively infringe OR
b) makes serious and effective preparations to do so, may CONTINUE
(4A)
though this right does NOT become exercisable until after any deadline by which an extension under the act or rules could have been requested for the S20A(1) period is missed
Who do good faith actions apply for in reinstatement
S20B (5)
a) The right also applies to partners in a business but
b) can only be transferred AS PART OF THE BUSINESS ITSELF
What are the repercussions for a recipient of a product disposed of before an application was reinstated
S20B (6)
The are no repercussions for the recipients of products disposed under good faith actions
What is the effect of reinstatement on crown use
S20B(6A)
The whole of S20B applied for crown use
What does termination mean for the effects of reinstatement
S20B (7)
Termination means
a) the refusal of the application or
b) the application being treated as having been refused or withdrawn
When do third party rights start accruing
WHEN THE APPLICATION IS PUBLISHED
so third party infringement provisions in the effects for reinstatement only concern published applications
What extensions are included within the definitions for S20A and S20B for reinstatement
Possible extensions AS OF RIGHT e.g. R108(2)
What does “continue” mean for an act in good faith done for a reinstated application
“continue” suggests significant expansion or divergence from their original act is NOT allowed
What happens if an application is reinstated after the end of a compliance period
The compliance period will be extended, but the applicant may only have a single opportunity to get the application in order for grant if it was e.g. a response to an examination report under S18(3)
