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Tuesday, 28 November 1905

Mr KELLY (Wentworth) - This clause appears to afford no protection to the users of State registered trade marks. Under the law of a State, it may be possible for a man or firm to register a trade mark which contains some representation of a living being. But under this provision the Registrar will be compelled to ask the holder of any such trade mark to show his authority for using that representation. I do not suggest for a moment that it should be possible to place the portrait of a man upon a trade mark without his permission; but if people already enjoy that right under the law of any State, we should be very chary about interfering with them.

Mr Kennedy - The. person portrayed in any such representation will probably be dead before the owner of the trade mark will require to re- register it.

Mr KELLY - But this clause does not deal with the question of registration at all.

Mr Isaacs - It does-.

Mr KELLY - If the Attorney-General assures me that it merely deals with the question of registration, my objection vanishes.

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