Section 64 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What rights does a prior user have?

A

A) authorise the otherwise infringing act to be done by partners

B) assign as part of the business

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2
Q

What is the test for prior user rights?

A

PIG

1) priority date - was the act done (or serious and effective preparations made to do the act) before the priority date? NB priority date may be different for different subject matter.
2) infringement - would the act have been an infringement?
3) good faith - was the act/preparation done in good faith?

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