Meaning of “brand owner”
6 Meaning of “brand owner”
In this Act, the brand owner of a product—
is the owner of the product name under which the product is supplied in the State, and
includes a person prescribed by the regulations.
The regulations may prescribe the circumstances in which the following persons are taken to be brand owners in relation to the supply of a particular product—
a person who is a licensee of a product name under which the product is supplied in the State,
a person who is a franchisee under a business arrangement that allows the person to supply the product in the State,
a person who first supplies the product in Australia.
Unless otherwise specified by the regulations, the brand owner of a product is taken to be the brand owner of the packaging material of the product.
The regulations may make provision for or about the following—
whether the brand owner of a product is or is not the brand owner of the packaging material of the product, including in specified circumstances,
the circumstances in which a person is or is not taken to be the brand owner of a product,
the granting of exemptions from this part—
with or without conditions, and
generally or in specified circumstances or for a specified product.
In this section—
product name includes a trade mark, brand name or trade name, whether or not registered in this or another jurisdiction.
This provision refers to the regulations (prescribed by the regulations
, The regulations may prescribe
, specified by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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