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Wednesday, 1 August 1906
Page: 2167

Mr GLYNN (Angas) . - I doubt that the clause is intended to give the right of appeal from the refusal of the Registrar to register an application. No such right of appeal is given in the Imperial legislation, and, as we profess to be desirous of securing uniformity in our laws on subjects such as this, we should not depart from the terms of that legislation. Of course, if uniformity is not desirable, we may make what alterations we please. Section 90 of the Imperial Act of 1883 is as follows: -

The Court may, on the application of any person aggrieved by the omission, without sufficient cause, of the name of any person from any register kept under this Act, dr by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry, as the Court thinks fit ; or the Court may refuse the application.

To my mind, those words apply to the rectification of an error in connexion with -an entry. As I understand the English Act, the decision of the Board of Trade in regard to applications is final ; but if an error has been made in an entry, as by the omission of the name of a partner, an appeal for its rectification can be made under the provision which I have read. In any case, the intention of the measure should be clearly expressed. It would be easy to say, if that is the intention, that an appeal shall lie from any decision of the registrar under clause 25.

Clause agreed to.

Clauses 26 and 27 agreed to.

Clause 28 -

The owner of a registered design shall, within two years after registration, substantially use the design or cause it to be substantially used in Australia in the manufacture of articles, and if he fails to do so the copyright in the design shall cease.

Provided that if such design is used in any manufacture abroad the period aforesaid shall be limited to six months. ,

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