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Thursday, 6 May 1915


Mr GLYNN (Angas) .- Yesterday evening I drew attention to the point as to what position a patentee would be in as soon as the war is over in regard to his rights under a suspended patent. These rights are not abrogated, but they may be suspended under this Act, and that is the point to which the honorable member for Wimmera has now called attention. The Attorney-General promised to look into that matter, so that I understand there may be an opportunity of something being done when this Bill is before the Senate. The honorable member for Parramatta raised a question as to whether it really was expedient to vest the whole of this administration in the Attorney-General, which, of course, will mean, under him, in the Comptroller of Customs. It struck me last night that perhaps, if there is a difficulty, it could be got over by making the provision regarding licences in the Act of 1909 - the principal Act - apply to this Act. For instance, if the manufacturer of a patented article lis not resident in the Commonwealth, an application may be made to the Commissioner by petition asking that the patent may be revoked. If the Commissioner thinks there is no justification, no prima-facie case made out, he can dismiss the petition; but if he thinks there is a prima-facie case, he can send it on to the High Court, and then the question of whether a licence shall be issued or not will be tested by a tribunal which is absolutely unfettered by any consideration except that of doing justice to the Department. That is the provision we have in our Act at the present time. We threshed this matter out last night, and I merely offer this suggestion to the AttorneyGeneral now for his consideration. There may be an opportunity of dealing with it in the Senate.







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