An examination of the interaction between names registered under legislation regulating companies, business names and associations and proposals for nationwide co-ordination.
AbstractRegistration of company, business and association names by the state and territory Corporate Affairs Commissions/Offices as delegates of the National Companies and Securities Commission (hereafter 'Commission') has traditionally been effected in accordance with appropriate companies, business names or associations incorporation legislation or in accordance with the relevant Prohibited Names Direction issued thereunder.5 This legislation and these Directions, however, do not always direct attention to prior usage of a name, claims to better entitlement to a name, existing registration in any other state or territory or to Commonwealth designs, patents or trade marks registration. This paper calls for co-ordination of names law and practice, and for reforms to ensure that such co-ordination is operational on a nationwide basis in view of the national, or increasingly national, reach of business in Australia. The paper appreciates that current private enforcement of names' rights is by means of the Trade Practices Act, and does not advocate replacement of this private enforcement except insofar as cross-referencing of names at the point of reservation/registration would alleviate later confusions. Further deregulation of names may well be the answer — as proposed by the New South Wales Corporate Affairs Commission6 — but in the context of a satisfactory threshhold for reservation and registration.
Total Abstract Views: 839 Total PDF Downloads: 840
Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Articles in this journal are published under the Creative Commons Attribution Licence (CC-BY). This is to achieve more legal certainty about what readers can do with published articles, and thus a wider dissemination and archiving, which in turn makes publishing with this journal more valuable for authors.