Document ID: chunk:federal_register_of_legislation:C2004A01110:clause:1_198a
Version: federal_register_of_legislation:C2004A01110
Segment Type: clause
Provision Reference: sch 1 cl 198A
Character Range: 12266–13584

198A  Non‑infringement of trade mark in relation to the importation of copyright material

 (1) A person who uses a registered trade mark in relation to imported goods that are similar to goods in respect of which the trade mark is registered does not infringe the trade mark if:
 (a) the importation would have constituted an infringement of copyright except for the operation of a parallel importation provision; and
 (b) the trade mark was applied to, or in relation to, the goods before the importation (whether the mark was applied before or after the commencement of this section); and
 (c) the trade mark was applied by, or with the consent of:
 (i) a person who, at the time the mark was applied, was the registered owner of the mark; or
 (ii) a person who, at the time the mark was applied, was the owner of the mark in the place where the mark was applied and who had been a registered owner of the mark at any time before then.

 (2) Unless the contrary intention appears, an expression used in this section has the same meaning as in the Trade Marks Act 1995.

 (3) In this section:

parallel importation provision means:
 (a) section 44E, 44F or 112DA; or
 (b) section 44C or 112C (in so far as that section applies in relation to an accessory to an article of the kind mentioned in subsection 10AD(1)).