Key takeaways
R. 36 RoP: Filing of Pleadings Beyond Time Limits
Specified in RoP Possible
The fact that the claimant has only one opportunity to submit
written observations on the right of prior use is a consequence of
the Rules of procedure and the time limits laid down therein.
However, in order to give the claimant the opportunity to present
further arguments if necessary, R. 36 RoP provides for the
possibility of requesting permission to file additional
pleadings.
Criterion: Balance of Interests
In assessing the prospects of success of such a request, the
Court must, on the one hand, have regard to the reasons put forward
by the applicant as to why, in its view, further pleadings are
necessary. However, the Court must also have regard to the effect
of further pleadings on the further course of the proceedings and
the risk of delay associated therewith.
