Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Wednesday, 29 November 1905

Mr McCAY (Corinella) - There is one other point to which I desire to direct the attention of the Attorney-General. Let us suppose that a person is carrying on business in six States, and that he disposes of his Victorian business. I do not see any provision in this clause which would enable him to assign his interests so far as Victoria is concerned.

Mr Carpenter - Clause 58 would apply in that case.

Mr McCAY - I do not think that that provision covers it.

Mr Isaacs - Not when the honorable and learned member reads it in conjunction with clause 49?

Mr McCAY - But that clause says " subject to this Act."

Mr Isaacs - That provision confers the necessary power, unless there is something to the contrary in the Act.

Mr McCAY -Part V. of this Bill describes how assignments may be made, and I thinkexpressio unius will exclude other methods of assignment. If I were carrying on a business in six States, and I disposed of the Victorian portion of it to Jones, I should not be able to assign to him my interest in a trade mark so far as this State is concerned. I fail to see why I should not be able to do so.

Mr Isaacs - Is not that power conferred by clause 49 ?

Mr McCAY - That clause provides that "subject to this Act" assignments may be made. Then Part V. declares how they may be made. Clause 58 says -

A trade mark when registered may be assigned and transmitted only in connexion with the goodwill of the business concerned in the particular goods in respect of which it has been registered, and shall be determinable with that good-will.

But in the case which I have instanced, only a part of the business would be assigned.

Mr Isaacs - I think that one may assign the good-will of a business.

Mr McCAY - Perhaps the AttorneyGeneral will take a note of my point. I think that the words " subject to this Act " in clause 49 limit us to the powers of assignment given by Part V. of the Bill.

Mr Crouch - Does not clause 49 relate to anabsolute assignment of a trade mark, and not merely to the assignment of a part?

Mr Isaacs - No. the word " absolutely " has been struck out.

Mr McCAY - Clause 68 appears to confirm the view which I entertain, and to which I hope the Attorney-General will give some attention.

Clause agreed to.

Clauses 60 to 64 agreed to.

Clause 65 amended to read as follows and agreed to -

Documents purporting to be copies of or extracts from the register, and to be certified by the Registrar, and sealed with the seal of the Trade Marks Office, shall be admitted in evidence in all Federal and State Courts without further proof or production of the original.

Clause 66 -

No person shall wilfully -

(a)   make any false entry in the register; or

(b)   make any writing falsely purporting to be a copy of an entry in the register ; or

(c)   produce or tender in evidence any writing falsely purporting to be a copy of an entry in the register.

Penalty : Three years' imprisonment.

Suggest corrections