Section 64

Question 1

What rights does a prior user have?

Answer 1

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

B) assign as part of the business

Question 2

What is the test for prior user rights?

Answer 2

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?