Application of expressions or statements
28 Application of expressions or statements
For the purposes of this Chapter, an expression or a statement is taken to be applied to goods or services if:
in the case of goods, the expression or statement:
is woven in, impressed on, worked into, or affixed or annexed to, the goods; or
is applied to any covering, document, label, reel or thing in or with which the goods are, or are intended to be, dealt with or provided; or
in the case of goods or services, the expression or statement:
is used in an advertisement that promotes the goods or services; or
is used in an invoice, price list, catalogue, brochure, business letter, business paper or other commercial document that relates to the goods or services.
For the purposes of this Chapter, if:
an advertisement promotes a particular person; and
the person provides goods or services; and
it would be concluded, by a reasonable person, that the advertisement was designed to enhance the commercial image of the person mentioned in paragraph (a);
the advertisement is taken to promote those goods or services.
In this section:
covering includes packaging, frame, wrapper, container, stopper, lid or cap.
label includes a band or ticket.
This Act’s bill:Second reading speech
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