Commonwealth Consolidated Acts

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ADVANCE AUSTRALIA LOGO PROTECTION ACT 1984 - SECT 19

Application of Copyright Act and Designs Act

  (1)   Division   8 of Part   III of the Copyright Act 1968 does not apply in relation to the copyright in the logo.

  (2)   During the prescribed period, it is not an infringement of the copyright in the logo to do any act or thing that, at the time when it is done, is an act or thing that, by virtue of this Act, the owner of the design of the logo has the exclusive right to do.

  (3)   After the expiration of the prescribed period, it is not an infringement of the copyright in the logo to do any act or thing that, had it been done immediately before the expiration of the prescribed period, would have been an act or thing that, by virtue of this Act, the owner of the design of the logo would have had the exclusive right to do if a reference in this Act to the design of the logo had, immediately before the expiration of the prescribed period, included a reference to another design that when applied to an article differs from the design of the logo only in immaterial details or in features commonly used in a relevant trade.

  (4)   Any registration of the design of the logo that was purported to be made under the Designs Act 1906 , whether before or after this subsection commenced to have effect, is void and shall be deemed never to have been made.



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