Re: Opposition by Beckman Coulter, Inc to International Registration Designating Australia 1880980 (International Registration No. 1370198) - Open ACCESS - held by Gen-Probe Incorporated

This matter concerned an opposition filed by Beckman Coulter, Inc. against International Registration No. 1370198, designating Australia and held by Gen-Probe Incorporated. The opposition was brought under regulations 17A.29 and 17A.34 of the relevant legislation.

The primary legal issue before the delegate was whether the opposition should succeed, specifically considering the application of section 60 of the relevant Act. This required an assessment of whether the grounds of opposition were established, leading to a determination on whether protection for the international registration should be refused in Australia.

The delegate considered section 60 and found that its conditions were established. This led to the conclusion that the opposition was successful and that protection for the international registration designating Australia should be refused.