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Thursday, 7 December 1905


Senator CLEMONS (Tasmania) - Anyone who reads what the duties of the examiner are to be must be quite sure that his task will not be by any means an idle one.,


Senator Keating - We had a long discussion about this point last year.


Senator CLEMONS - If he is to do all the work allotted to him under this clause, as well as perform other duties, he will have a very difficulty task?" I doubt whether it would be possible to find a man competent to discharge such duties. Does Senator Keating understand that the finding out of a man competent to discharge these duties, and the appointment of him, is to lie entirely with the Registrar?


Senator Keating - There are a number of examiners appointed under the Patents Act; the same procedure will be followed here.


Senator CLEMONS - After the examiner has done his work, it appears that his decision can be set aside without any formal appeal. Are there any provisions for appeal under the Bill ?


Senator Keating - Yes ; later on.

Motion agreed to.

Remaining amendments in clause 33, and amendments in clauses 34, 35, 39 (with a verbal amendment), 41, 45, 49, 5°. 51, 53, 55. 58> 59, and 60 agreed to.

House of Representatives' Amendment.- After clause 61 insert new clause : - " 61A. Where a trade mark has been lawfully assigned or transmitted, a notification of the assignment or transmission, in the form and authenticated in the manner prescribed, may be given to the Registrar, who shall thereupon register the assignment."







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