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Wednesday, 29 November 1905

Mr CROUCH (Corio) - Could not clause 43 be amended to read -

Any party aggrieved by the decision of the Registrar may in the time and in the manner prescribed appeal to the Court or to the Law Officer?

Then there would be no need for clauses 44 and 45.

Mr Isaacs - That would give the option only to the appellant.

Mr CROUCH - It is only the party who is aggrieved by the Registrar's decision who would wish to appeal.

Mr Isaacs - The other party may say, "I prefer to go direct to the Court."

Mr McCay - The decision should be final, whether the appeal is to the Law Officer or to the Court.

Mr Isaacs - We cannot make it final.

Clause agreed to.

Clause 44 agreed to.

Clause 45 amended to read as follows, and agreed to : -

If either party so desires and gives written notice thereof, the appeal shall be taken direct from the Registrar to the Court without any appeal to the Law Officer.

Clauses 46 to 48 agreedto.

Clause 49 -

(1)   The person for the time being entered in the register as proprietor of a trade mark shall have power absolutely to assign the trade mark, and to give effectual receipts for any consideration for such assignment or dealing......

Amendments (by Mr. Isaacs) agreed to -

That the words "Subject to this Act" be inserted at the commencement of the clause.

That the word " absolutely," line 3, be left out; and that the words "or dealing," line 5, be left out.

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