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Wednesday, 1 August 1906
Page: 2169


Mr HUGHES (West Sydney) .- This provision may operate fairly enough in respect of some designs, but in respect of others it will operate very unfairly. Let us take the case of a man in England who register a design for a carpet or a wall paper, and who wishes to introduce it into this country.- If he does not manufacture it in Australia within six months of its registration, he will be afforded no protection whatever. Now, it is obvious that he could not manufacture in the Commonwealth a wall paper or a carpet 'for. which he had registered a design within six months from the date of such registration. Tq obtain the necessary machinery to enable him to do so would involve the expenditure of many thousands of pounds. Consequently, he would enjoy no protection whatever. I can readily conceive that there might be many instances of that kind.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - We might impose a limitation as to the use of any design in Australia.


Mr HUGHES - It is very obvious that to use an article is a very different matter from manufacturing it.


Mr Groom - It is the registered owner who has to use it.


Mr HUGHES - Not at all. The use of a thing, I take it. means its consumption.


Mr Groom - The provision means use by the registered proprietor of the design or under his authority.


Mr HUGHES - In that case, " use " and " manufacture " are 'synonomous terms. Clause 28 provides -

The owner of a registered design shall, within two years after registration, substantially use the design, or cause it to be substantially used in Australia in the manufacture of articles, and if he fails to do so, the copyright in the design shall cease.

Provided that if such design is used in any manufacture abroad, the period aforesaid shall be limited to six months.

I am bound to say that the provision is not very clear, and in my opinion the Minister's explanation does not cover some of the cases suggested by the honorable member for North Sydney. Certainly it does not cover cases in which the article could, under no circumstances, be manufactured in Australia within the prescribed period.







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