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Wednesday, 20 June 1906


Senator KEATING (Tasmania) (Honorary Minister) . - This clause is drawn in consequence of the definitions given in regard to a design, and how a design is made applicable. The section of the English Act dealing with the definition of " design " provides in much more extensive language than we do what shall be deemed to be a design. The definition in the English Act goes, I think, beyond the necessities of the case. It not only defines what a design is, but how it may be used, in the following words: - "Design" means any design applicable to any article of manufacture, or to any substance, artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined, not being a design for a sculpture, or other thing within the protection of the Sculpture Copyright Act of the year1814-

We provide a definition of what " design " shall mean, and as to the application of the design. Paragraph b contains words which are taken from the English Act, and which are not necessary to the definition, though they explicate the definition by indicating the way in which the design may be used. We separate the two provisions, and, without enumerating all the means, such as painting, embroidery, weaving, &c, use the words - to the purpose of the ornamentation of pattern or shape or configuration, of the article, or to any two or more of those purposes.

These are the words, as I say, which are not absolutely necessary to the definition of " design,-" although they indicate the method in which a design may be used or applied. We have taken the English definition in that sense, but we have severed it ; we use all the words necessary and essential to the definition for definition, and we use other words which are not so essential, but which merely indicate the way in which it can be applied - to express what, under our law, shall be meant by the application of the design.

Senator Sir JOSIAHSYMON (South

Clause postponed. '

Clauses 6 and 7 agreed to.

Clause 8 -

1.   There shall be a Registrar of Designs.

2.   Until the Governor-General otherwise determines, the Commissioner of Patents shall be the Registrar of Designs.

3.   The Governor-General may appoint one or more Deputy Registrars of Designs, who shall, subject to the control of the Registrar of Designs, have all the powers conferred by this Act on the Registrar.

Senator Sir JOSIAHSYMON (South Australia) [4.8]. - I take it that it is not intended to duplicate these offices, and I think it a pity that the second paragraph of the clause should have been inserted. I do not think that it is contemplated to have Deputy Registrars other than the Deputy Registrars of Patents. There has beensome excitement lately as to suboffices under the Trades Marks Act in other States besides Victoria, and I suggest that this clause should provide that, the Governor-General may appoint one or more Deputy Registrars of Patents to be Deputy Registrars of Designs, so as to prevent the possibility of an assumption that any new offices are to be created.







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