Commonwealth Consolidated Acts

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FOREIGN STATES IMMUNITIES ACT 1985 - SECT 15

Copyright, patents, trade marks etc.

  (1)   A foreign State is not immune in a proceeding in so far as the proceeding concerns:

  (a)   the ownership of a copyright or the ownership, or the registration or protection in Australia , of an invention, a design or a trade mark;

  (b)   an alleged infringement by the foreign State in Australia of copyright, a patent for an invention, a registered trade mark or a registered design; or

  (c)   the use in Australia of a trade name or a business name.

  (2)   Subsection   ( 1) does not apply in relation to the importation into Australia , or the use in Australia , of property otherwise than in the course of or for the purposes of a commercial transaction as defined by subsection   11(3).



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