Commonwealth Numbered Acts

AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT (NAME CHANGE) ACT 2004 NO. 79, 2004 - SCHEDULE 2

Agricultural and Veterinary Chemicals Code Act 1994

1 At the end of Part 10 of the Schedule

Add:

170A Person not to use protected name or protected symbol

(1)

A person must not:

(a) use in relation to a business, trade, profession or occupation; or
(b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or
(c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or
(d) use in relation to:
(i) goods or services; or
(ii) the promotion, by any means, of the supply or use of goods or services;

either:

(e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or
(f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.

Penalty: 30 penalty units.

(2)

Subsection (1) does not apply if the APVMA consents in writing to the use or application of the name or symbol.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code .

(3)

Nothing in subsection (1) affects rights conferred by law on a person in relation to:

(a) a trade mark that is registered under the Trade Marks Act 1995 ; or
(b) a design that is registered under the Designs Act 2003 ;

and was so registered immediately before 24 March 2004 in relation to the name or symbol.

(4)

Nothing in this section affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before 24 March 2004, the person:

(a) was using the name or symbol in good faith in that manner; or
(b) would have been entitled to prevent another person from passing off, by means of the use of the name of the symbol or a similar name or symbol, goods or services as the goods or services of the first-mentioned person.

(5)

In this section: