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Wednesday, 29 November 1905


Mr WILSON (Corangamite) - It seems to me that this clause might create a great deal of difficulty. I should like to know how the apportionment would be made in the event of a partnership being dissolved, and of the partners agreeing to divide the interest in a trade mark. It may happen that two partners in, a firm possess only one trade mark in respect of a certain line of goods. Should they dissolve partnership, it seems to me that some confusion would result in the matter of the future application of that trade mark throughout Australia. I should like some information from the Attorney-General as to how such a difficulty would be settled under the terms of this clause?


Mr Carpenter - The Court would have to decide that matter.


Mr WILSON - The appeal would lie to the Attorney-General. Should both members of a firm which has dissolved partnership continue in business, how would the trade mark which was held by them be apportioned ? It seems to me that considerable difficulty would be experienced in that connexion, and I should like some information upon the subject.







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