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Wednesday, 29 November 1905


Mr ISAACS (Indi) (Attorney-General) . - Section 46 of the English Act makes provision for what the honorable and learned member suggests; but there is another amendment which I should like to make. I move -

That the words " In any action for infringement," line1, be left out, with a view to insert in lieu thereof the words " In any legal proceeding in which validity of the registration."

Amendment agreed to.

Amendment (by Mr. Isaacs) agreed to.

That after the word "mark," line 2, the words " comes into question " be inserted ; that after the word "question," line 4, the words " and was decided in favour of the registered proprietor of the trade mark" be inserted; that the words " or Judge " wherever occurring be left out.

Clause, as amended, agreed to.

Clauses 86to 98 agreed to -

Clause 99 -

(1)   If the King is pleased to apply to the Commonwealth any law of the United Kingdom for carrying into effect any arrangement made with the Government of any foreign State for the mutual protection of trade marks, then any person who has applied for protection for any trade mark in the United Kingdom or the Isle of Man, or in any foreign State with which the arrangement has been made, shall be entitled to registration of his trade mark under this Act in priority to other applicants, and such registration shall have the same date as the date of the original application in the United Kingdom or the Isle of Man or such foreign State as the case may be :

Provided that such application shall be made within six months from such person applying for protection in the United Kingdom or the Isle of Man or the foreign State with which the arrangement is in force :







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