Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p37
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 88503–91126

in concert by ultimate users or consumers of goods or services against the suppliers of those goods or services.
"(3) A contravention of a provision of this Part other than section 46 or 48 shall not be taken to have been committed by reason of—
     (a) the imposing of, or giving effect to, a condition of—
       (i) a licence granted by the proprietor, licensee or owner of a patent, of a registered design or of a copyright or by a person who has applied for a patent or for the registration of a design; or
       (ii) an assignment of a patent, of a registered design or of a copyright or of the right to apply for a patent or for the registration of a design,
     to the extent that the condition relates to—
       (iii) the invention to which the patent or application for a patent relates to articles made by the use of that invention;
       (iv) goods in respect of which the design is, or is proposed to be, registered and to which it is applied; or
       (v) the work or other subject matter in which the copyright subsists;
     (b) the inclusion in a contract, arrangement or understanding authorizing the use of a certification trade mark of a provision in accordance with rules applicable under Part XI of the Trade Marks Act 1955, or the giving effect to such a provision; or
     (c) the inclusion in a contract, arrangement or understanding between—
       (i) the registered proprietor of a trade mark other than a certification trade mark; and
       (ii) a person registered as a registered user of that trade mark under Part IX of the Trade Marks Act 1955 or a person authorized by the contract to use the trade mark subject to his becoming registered as such a registered user,
    of a provision to the extent that it relates to the kinds, qualities or standards of goods bearing the mark that may be produced or supplied, or the giving effect to the provision to that extent.
"(4) This section applies in determining whether a provision of a contract is unenforceable by reason of sub-section 45(1), or whether a covenant is unenforceable by reason of sub-section 45b(1), in like manner as it applies in determining whether a contravention of a provision of this Part has been committed.".

Misleading or deceptive conduct.
29. Section 52 of the Principal Act is amended by adding at the end of sub-section (1) the words "or is likely to mislead or deceive ".

False representations.
30. Section 53 of the Principal Act is amended—
     (a) by omitting paragraph (a) and substituting the following paragraphs: —
        "(a) falsely represent that goods are of a particular standard, quality,