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Date Published

Note: This information applies to oppositions commenced before, on or after 15 April 2013.

An opponent may request directions for further and better particulars.  In Mobay Corp. v The Dow Chemical Company [1992] APO 25; 24 IPR 379, it was said:

“... further and better particulars are a logical part of a system of particulars, as they provide a simple mechanism to correct deficiencies in particulars.  The amendment provision of regulation 5.9 provides a mechanism for inserting improved particulars.  This differs from directing that an applicant amend in a specified way because the nature and form of the amendment is up to the applicant.  Thus, further and better particulars are entirely consistent with the scheme set up by the Regulations."

A direction for further and better particulars should specify the time within which the opponent is to reply, and impose terms on the opponent in the event of its failing to respond.  Suitable terms could be a direction that the opponent will be precluded from arguing in support of those grounds for which particulars were ordered but not delivered."

A direction to provide further and better particulars can also arise as a result of a dismissal action.

See, e.g. Peptide Technology Ltd v Pitman-Moore Australia Ltd [1993] APO 50; [1993] AIPC 39,481 (91-010).

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