11Meaning of “brand owner”

11 Meaning of “brand owner”

11 Meaning of “brand owner”

(1) In this Act, the brand owner of a product—

(a) is the owner of the product name under which the product is supplied in the State, and

(b) includes a person prescribed by the regulations.

(2) 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) a person who is a licensee of a product name under which the product is supplied in the State,

(b) a person who is a franchisee under a business arrangement that allows the person to supply the product in the State,

(c) a person who first supplies the product in Australia.

(3) 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.

(4) The regulations may make provision for or about the following—

(a) 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,

(b) the circumstances in which a person is or is not taken to be the brand owner of a product,

(c) the granting of exemptions from this Part—

(i) with or without conditions, and

(ii) generally, in specified circumstances or for a specified product.

(5) In this section—

product name includes a trade mark, brand name or trade name, whether or not registered in this or another jurisdiction.