Commonwealth Consolidated Acts

ADVANCE AUSTRALIA LOGO PROTECTION ACT 1984 - SECT 11

(1)

A person shall be deemed to infringe the monopoly in the design of the logo if, during the prescribed period, the person:

(a)

without the licence of the owner of the design, applies the design or any fraudulent or obvious imitation of it to any article;

(b)

without the licence of the owner of the design, sells, or offers or keeps for sale, or hires, or offers or keeps for hire, any article to which the design or any fraudulent or obvious imitation of it has been applied in infringement of the monopoly in the design;

(c)

imports into Australia for sale, or for use for the purposes of any trade or business, any article in respect of which the design or any fraudulent or obvious imitation of it has been applied outside Australia; or

(d)

sells, or offers or keeps for sale, or hires, or offers or keeps for hire, any article that has been imported into Australia and to which the design or any fraudulent or obvious imitation of it has been applied, whether in or outside Australia.

(2)

Subject to subsection (3), if a person infringes the monopoly in the design of the logo:

(a)

the owner of the design; or

(b)

a holder of a licence in relation to the design whose interests have been, are or would be affected by the infringement;

may bring an action or proceeding against the person in the Federal Court of Australia or the Supreme Court of a State or a Territory for infringement of the monopoly in the design.

(3)

An action or proceeding for infringement of the monopoly in the design of the logo shall not be instituted by the holder of a licence in relation to the design without the consent of the owner of the design.

(4)

Where:

(a)

a person, being the holder of a licence in relation to the design of the logo, applies, by notice in writing served on the owner of the design, for the consent of the owner under subsection (3) to the institution by the person of an action or proceeding for infringement of the monopoly in the design of the logo; and

(b)

the owner of the design does not grant or refuse that consent before the expiration of the period of 7 days after the day on which the notice was served;

the owner of the design shall, upon the expiration of that period, be deemed to have granted that consent under subsection (3).

(5)

Consent under subsection (3) to the institution of an action or proceeding shall not be unreasonably refused.

(6)

Subsection (3) does not affect the granting of an interlocutory injunction on the application of a holder of a licence in relation to the design of the logo.