83Brand owners of products

#### 83 Brand owners of products 83 Brand owners of products (cf clause 46H of 2005 Reg) > > (1) For the purposes of this Part, a person is the brand owner of a product if the person is the owner of the product name under which the product is sold or otherwise distributed in Australia. > > > (2) If no person in Australia satisfies subclause (1) in relation to a product, each person who is a licensee of the product name under which the product is sold or otherwise distributed in Australia is the brand owner of the product for the purposes of this Part, but only in respect of those items of the product that are sold or distributed under that licence. > > > (3) If no person in Australia satisfies subclause (1) or (2) in relation to a product, each person who is a franchisee under a business arrangement that allows the person to sell or otherwise distribute the product in Australia is the brand owner of the product for the purposes of this Part, but only in respect of those items of the product that are sold or distributed by the person under that arrangement. > > > (4) If no person in Australia satisfies subclause (1), (2) or (3) in relation to a product, the person who first sells a particular item of the product in Australia is the brand owner of the product for the purposes of this Part, but only in respect of that item. > > > (5) In this clause— > > > > product name includes a trade mark, brand name or trade name whether or not registered in Australia.