Farbenfabriken Bayer Aktiengesellschaft v Bayer Pharma Pty Ltd
(1959) 101 CLR 65233 ALJR 169
[1959] ALR 1248
(Decision by: Menzies J)
Between: Farbenfabriken Bayer Aktiengesellschaft
And: Bayer Pharma Pty Ltd
Judges:
Dixon CJ
McTiernan J
Kitto J
Taylor J
Menzies JWindeyer J
Subject References:
Constitutional Law (Cth)
Judgment date: 23 July 1959
Decision by:
Menzies J
I agree that the power conferred upon the High Court by ss. 44 and 45 of the Trade Marks Act 1905-48 to hear the parties and determine whether an opposed application for a trade mark ought to be granted or refused is judicial power. I do so for the reasons given by the Chief Justice. (at p660)
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