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Friday, 8 August 1902

Mr KINGSTON (SOUTH AUSTRALIA, SOUTH AUSTRALIA) (Minister for Trade and Customs) - The answers to the honorable and learned member's questions are as follow : -

1.   This was a matter which arose under the local Trade Marks Act 1889, which is not admin, istered by theFederal Government, though executed by Customs officers. The State collector of Victoria appears to have acted in pursuance of the practice established before federation', which was to detain the goods if apparently imported in violation of the Trade Marks Act, and to notify the owner of the trade mark. This was done in this case, and some agreement was made between the importer and the owner of the trade mark which enabled the goods to be delivered after a few days' detention.

2.   There is no objection to any patentee or owner of a trade mark enforcing any rights in an ordinary court, and the Government recognise the desirability of early federal legislation in reference both to patents and trade marks.

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