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Wednesday, 1 August 1906
Page: 2165


Mr GROOM (Darling Downs) (Minister of Home Affairs) . - This form of drafting has been adopted with a view to make the definitions as short and as simple as possible, so that they may be readily understood. Any departure that has been made from the English Act is not one of principle: the substance of the English legislation has been preserved. If the honorable member turns to the definition of the word " design " he will find that it contains everything in the English section that is essential. In that Act the word " design " is defined as meaning - any design applicable to any article of manufacture . . . and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever . .

In the Bill we define " design" as meaning an industrial design applicable in any way or by any means to the purpose of the ornamentation, or pattern, or shape, or configuration, of an article, or to any two or more of those purposes.

The English definition, after setting out various means by which it is applicable, contains the words, " or any other means whatever."


Mr Glynn - They are ejusdem generis.


Mr GROOM - We have made the "design " applicable in the widest way. I think that the definition is a decided improvement upon that contained in the English Act. I would point out that the word "article" has been defined in the Bill shortly as meaning " any article or substance." Designs are usually applied only to industrial purposes. In the International Convention the word " industrial " is expressly used. We have there the words " industrial designs or models," which constitute the subject-matter of the Convention.


Mr Glynn - I think that applies to patents and everything else.


Mr GROOM - Exactly. The word "industrial" is used, I am informed, in the Tasmania^ Act, and also, I believe, in the South Australian Statute. It certainly makes clear the purpose for which a design may be used. A comparison of this clause with the definition clause in the English. Act will show that it contains substantially what is found in the latter, but that it is framed in a clearer and more explicit form, so that an\ business man may know exactly what he can register as a design.







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