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Thursday, 7 December 1905

Senator PULSFORD (New South Wales) - Do I understand that this new clause is taken from the English Act? It seems to be a very important one.

Senator KEATING(Tasmania - Honorary Minister). - The distinction between this clause and the corresponding section of the

English Act is that the latter does not contain the word "conditions" in the phrase, " mode or conditions of manufacture." The operation of the word is restricted by subclause 3. In other respects, the clause is the same as the provision in the English Act. Only the Commonwealth and State authorities could acquire a mark with respect to conditions of manufacture.

Senator CLEMONS(Tasmania).- Does not this clause practically raise the whole question of Commonwealth trade marks?

Senator Keating - No, it relates to selection, examination, and certification.

Senator CLEMONS - The clause seems to raise the question as to the authorities who are to decide the conditions of the manufacture of various goods. It seems to imply that the only authorities are the Commonwealth and the States. To that extent it anticipates the provisions relating to the Commonwealth trade mark, and I would suggest to the Minister that its consideration should be postponed for the present.

Senator Best - This clause would be required if the provisions relating to the Commonwealth trade mark were not proposed at all.

Senator CLEMONS - But it contains the word " conditions."

Senator Keating - Because the Commonwealth and States authorities do a lot of work in respect of inspectingand certifying exports.

Senator CLEMONS - Will the Minister tell me if this new clause is in any wav exclusive with regard to the examination of the conditions under which goods are manufactured ? If it is not, I do not wish its consideration to be postponed.

Senator KEATING(Tasmania- Honorary Minister). - This new clause is not in any way exclusive, as Senator Clemons will see if he refers to section 62 of the English Act. Sub-clause 3 would exclude a trade union from getting a trade mark under the provision in respect of certifying conditions. The Commonwealth or a State authoritv may certify as to conditions, and adopt a mark for such certificate, and acquire in respect of the mark the rights of a trade mark proprietor. That is the only addition to the provision from the English Act. and for that reason it is limited to the Commonwealth or State authorities.

Senator PULSFORD(New South Wales). - We have a right to expect the marginal notes as to the origin of provisions to be absolutely correct. The marginal note to this new clause is " standardization, &c. trade marks," and it states that it is taken from the English Acf. It is taken from the English Act, except that it contains some highly important words which are not in that Act, but there is no indication in the marginal note to that effect. If there are any more cases where clauses or parts of clauses are taken from the English, Act, and they are stated to be so taken, and have been altered in any way, that fact should be indicated in the marginal notes.

Senator Keating - When a clause is altered the word " compare " is always used, as it is here, in the reference, to indicate that one has only to compare the section of the English Act with the clause.

Motion agreed to.

Clause 24 -

(2)   The fact that a mark is publicly used by more than three persons in any one State as a mark on or in connexion with similar goods shall be treated as conclusive evidence that it is common to the trade.

House of Representatives' Amendment.- After " mark " insert " or matter therein."

Motion (by Senator Keating) proposed -

That the amendment be agreed to.

Senator MILLEN(New South Wales).I do not quite follow the purpose of this alteration. I desire to know whether it is intended that the clause shall read in this way -

The fact that a mark or matter therein is publicly used.

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