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Wednesday, 29 November 1905


Mr ISAACS (Indi) (Attorney-General) . - That has been the law in Victoria for many years, and the term fixed in the latest English Act is seven years. I" do not think that we should shut out every one until five years have elapsed.

Clause, as amended, agreed to.

Clause 52 agreed to.

Clause 53 -

Provided that any tribunal, in deciding on the question of infringement, shall admit evidence of the usages of the trade in respect to the get-up of those goods and of any trade marks or get-up legitimately used in respect of them by other persons.

Amendment (by Mr. Isaacs) agreed to -

That the words " Provided that any tribunal in deciding on the question of infringement " Be left out, with a view to insert in lieu thereof the words " in an action for the infringement of a trade mark, the Court in trying the question of infringement."

Clause, as amended, agreed to.

Clause 54 agreed to.

Clause 55 -

At the prescribed time before the expiration of fourteen years from the date of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor of the date at which the existing registration will expire. . . .

Amendment (by Mr. Isaacs) proposed -

That after the word " proprietor," line 5, the words "or his agent" be inserted.







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