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Tuesday, 28 November 1905

Mr ISAACS (Indi) (Attorney-General) . - There is one word in this clause which I think ought to be excised. I refer to the word "prejudicially," in line 5. The clause reads -

Provided that this section shall not prejudicially affect any right, privilege, obligation - but it scarcely fits the word "liability." The intention of the provision is not to make a distinction between any right, privilege, obligation, or liability under the law of any State before the commencement of this Act. Therefore I move -

That the word "prejudicially," line 5, be left out.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 6 agreed to.

Clause 7 -

(1)   The registration of a trade mark under a

State Trade Marks Act shall cease either; -

(a)   at the expiration of fourteen years from the commencement of this Act, or

(b)   at the time when, under the State Trade Marks Act, the trade mark would, if after the commencement of this Act no fee for the continuance of its registration were paid, first become liable to removal from the register, whichever first happens.

(2)   No fee shall be receivable nor shall any act be done after the commencement of this Act for the continuance of the registration of a trade mark under a State Trade Marks Act.

Mr. CONROY(Werriwa). - I wish to know whether this clause preserves all the rights at present enjoyed by individuals under the State laws?

Mr Isaacs - This clause will put an end to the operation of State Acts.

Mr CONROY - But assuming that under certain circumstances they are continued, what then?

Mr Isaacs - They cannot be continued.

Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - Does the fourteen years mentioned in this provision represent the ordinary life of a trade mark?

Mr Isaacs - Yes, unless it is renewed.

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