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The regulation 2 defines the Procedures for Filing and Processing Complaints with the Commissioner of Intellectual Property.

A Complainant can file complaint to the Commissioner by giving following details;

If the Commissioner feels, that notifying a Respondent of a complaint may pose a risk to the investigation of the complaint, he may delay the notification for such period as the Commissioner deems fit. (Regulations 2.1.6)

The Respondent can respond to the complaint within ten (10) business days. The Commissioner may extend this period on sufficient justifiable reasons. (Regulations 2.1.7)

In case of the Respondent’s failure, the Commissioner may proceed to issue a direction based on the findings of his own investigations of the complaint, or accept the submissions of the Complainant without any further investigations. (Regulations 2.1.8)

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All complaints, responses or documents filed with the Commissioner must be in the English Language or accompanied by an English translation, certified to the satisfaction of the Commissioner. (Regulations 2.1.10)

The Commissioner may call upon the Complainant and/or a Respondent to discuss the issue in a hearing. If in case the Complainant or Respondent decline to attend the hearing, the Commissioner may proceed with the procedures to issue a direction. (Regulations 2.1.11)

The regulations also state the procedure for inspection of the respondent’s premises, including the seizure and storage of the infringing products. The Commissioner shall prepare a report about the description and quantity of infringing products at the premises, as well as any machines, materials, tools and equipment used in the infringement, adding it to the Commissioner’s records of the complaint. ((Regulations 2.2)

 

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