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Wednesday, 29 November 1905


Mr KELLY (Wentworth) - Paragraph b provides that goods imported into Australia bearing the registered trade mark of any locally-manufactured article shall be forfeited to the King. It is desirable that the Customs authorities shall have power to confiscate goods to which a locally-registered trade mark has been fraudulently applied, but the paragraph to which I refer may be used by a local manufacturer as a weapon against an importing competitor. An imported article may bear as its registered trade mark, let us say, a lion, and under this provision a local manufacturer, by registering a lion as his trade mark, could prevent further importations.


Mr Kennedy - Not if the trade mark on the imported goods were accompanied by definite indications of the country in which they were made.


Mr KELLY - The manufacturer abroad would not immediately know of the action of his rival in this country. Australia is only a small market for many of the manufacturers of other countries. Knives go from Sheffield to all parts of the world, but the Australian market is not large enough to justify Sheffield manufacturers in using special trade marks to meet Australian conditions, until they know that that is absolutely necessary. If a local manufacturer were to register one of these trade marks, he could cause the forfeiture of all goods then in transmission.

Mr. ISAACS(Indi- Attorney-General). - I propose to move several amendments in this clause, which I think will meet the objection which has been raised to it. The new sub-clause which I intend to insert is similar to a provision in the Commerce Bill.

Proposed new clause amended to read as follows, and agreed to -

(1)   The following goods are prohibited to be imported, and, if imported, may be seized as forfeited to the King : - " (a) Subject to the regulations, the Comptrol ler-General, or on appeal from him the Minister, may, if in his opinion the contravention has not occurred either knowingly or negligently, permit any goods which are liable to be or have been seized as forfeited under this section to be delivered to the owner or importer upon security being given to the satisfaction of the ComptrollerGeneral that the improper marks will be effectually removed from the goods, or that the goods will be forthwith exported."

(3)   All imported goods liable to be seized under this section may be seized by any officer of Customs.

(4)   The provisions of the Customs Act1901 shall apply to the seizure and forfeiture of goods under this section to the same extent as if they were prohibited imports under that Act.

(5)   Before taking any action under this section or permitting any officer of Customs to act thereunder, the Collector of Customs for the State may require any person requesting any action on the part of the Customs to give security in ac- cordance with the regulations, but the Collector of Customs may act under this section without any request.

Amendments (byMr. Isaacs) agreed to -

That the following new clauses be inserted : - 78V. A person shall be deemed to forge a registered trade mark who either -

(a)   without the assent of the proprietor of the trade mark or the authority of this Act, makes it or a mark so nearly resembling it as to be likely to deceive ; or

(i)   falsifies any registered trade mark, whether by alteration, addition, effacement, or otherwise. 78w. - (1.) A trade mark Shall be deemed to be applied to any thing if it is woven in, impressed on, worked into, or annexed or affixed to. the thing.

(a)   A trade mark shall be deemed to be applied to goods if -

(a)   it is applied to the goods themselves ; or

(b)   it is applied to any covering, label, reel, or thing in or with which the goods are sold or exposed or had in possession for any purpose of trade or manufacture; or

(c   ) it is used in any manner likely to lead to the belief that it refers to or describes' or designates the goods.

(3)   " Covering " includes any stopper, glass, bottle, vessel, box, capsule, case, frame, or wrapper; and " label " includes any bond or ticket.

(4)   A trade mark shall be deemed to be falsely applied to goods if, without the assent of the proprietor of the trade mark or the authority of this Act, it or a mark so nearly resembling it as to be likely to deceive is applied to the goods. 78X. In any indictment, information, pleading, or proceeding in relation to a registered trade mark, it shall not be necessary to set out a copy or fac-simileof the trade mark' or a description of it, but the trade mark may be referred to as a registered trade mark. 91A. - (1) Any address for service Stated in any application or notice of opposition shall for all purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case requires, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them to the address for service of the applicant or opponent, as the case requires.

(2)   Any address for service may be changed by notice in writing to the Registrar.

Progress reported.







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