β¨ Design and Patent Rules
Nov. 14.]
THE NEW ZEALAND GAZETTE.
1165
Hearing by Registrar.
9. Within five days from the date when such notice would
be delivered in the ordinary course of post, the applicant
shall notify to the Registrar whether or not he intends to
be heard upon the matter.
Notification of Registrar's decision. Hearing by Registrar.
10. The decision or determination of the Registrar in the
exercise of any such discretionary power as aforesaid shall
be notified to the applicant.
Registering design.
11. Upon the sealing of a certificate of registration the
Registrar shall cause to be entered in the register of designs
the name, address, and description of the registered proprie-
tor, and the date upon which the application for registration
was received by the Registrar, which day shall be deemed to
be the date of the registration.
Subsequent proprietors.
12. Where a person becomes entitled to the copyright in a
registered design, or to any share or interest therein, by
assignment, transmission, or other operation of law, or where
a person acquires any right to apply the design either exclu-
sively or otherwise, a request for the entry of his name in
the register as such proprietor of the design, or as having
acquired such right, as the case may be (hereinafter called
"the claimant"), shall be addressed to the Registrar, and
left at the Patent Office.
Signature to request.
13. Every such request shall, in the case of an individual,
be made and signed by the person requiring to be registered
as proprietor; and, in the case of a firm or partnership, by
some one or more members of such firm or partnership, or,
in either case, by his or their agent respectively duly autho-
rised to the satisfaction of the Registrar, and, in the case of
a body corporate, by their agent authorised in like manner.
Particulars in request.
14. Every such request shall state the name, address, and
description of the claimant, and the particulars of the assign-
ment, transmission, or other operation of law by virtue of
which the request is made, so as to show the manner in
which and the person or persons to whom the design has
been assigned or transmitted, or the person or persons who
has or have acquired such right as aforesaid, as the case
may be.
Proof of title if required.
15. The claimant shall furnish to the Registrar such other
proof of title as he may require for his satisfaction.
Corporate name.
16. A body corporate may be registered as proprietor by
its corporate name.
Notice of order of Court.
17. Where an order has been made by the Court under
section 116 of the said Act, the person person in whose favour such
order has been made shall forthwith leave at the Patent Office
an office copy of such order. The register shall thereupon
be rectified, or the purport of such order shall otherwise be
duly entered in the register, as the case may be.
Registrar's discretion as to evidence.
18. Where under these rules any person is required to do
any act or thing, or to sign any document, or make any
declaration on behalf of himself or any body corporate, or
any document or evidence is required to be produced to or
left with the Registrar or at the Patent Office, and it is
shown to the satisfaction of the Registrar that from any
reasonable cause such person is unable to do such act or
thing, or to sign such document, or make such declaration,
or that such document or evidence cannot be produced or
left as aforesaid, it shall be lawful for the Registrar, upon
the production of such other evidence, and subject to such
terms as he may think fit, to dispense with any such act or
thing, document, declaration, or evidence.
Amendments.
19. Any document, drawing, sketch, or tracing for the
amending of which no special provision is made by the
said Act may be amended, and any irregularity in procedure
which, in the opinion of the Registrar, may be obviated
without detriment to the interests of any person may be
corrected, if the Registrar think fit, and upon such terms
as he may direct.
Enlargement of time.
20. The time prescribed by these rules for doing any act
or any proceeding thereunder may be enlarged by the Regis-
trar, if he think fit, and upon such terms as he may direct.
Registration-mark.
21. Before the delivery on sale of any article to which a
registered design has been applied, the proprietor of such
design shall, if such article is included in any of the classes
one to twelve in the Schedule hereto, cause each such
article to be marked with the abbreviation "RD" and the
number appearing on the certificate of registration, and
shall, if such article is included in the classes thirteen or
fourteen in the Schedule hereto, cause each such article
to be marked with the abbreviation "REGD."
SCHEDULE.
CLASSIFICATION OF ARTICLES OF MANUFACTURE AND
SUBSTANCES.
Classes.
- Articles composed wholly or partly of metal, not in-
cluded in Class 2. - Jewellery.
- Articles composed wholly or partly of wood, bone, ivory,
papier mΓ’chΓ©, or other solid substances, not included
in other classes. - Articles composed wholly or partly of glass, earthen-
ware or porcelain, bricks, tiles, or cement. - Articles composed wholly or partly of paper (except
hangings). - Articles composed wholly or partly of leather, including
book-binding, of all materials. - Paper-hangings.
- Carpets and rugs in all materials, floorcloths, and oil-
cloths. - Lace, hosiery.
- Millinery and wearing apparel, including boots and
shoes. - Ornamental needlework on muslin or other textile
fabrics. - Goods not included in other classes.
- Printed or woven designs on textile piece-goods.
- Printed or woven designs on handkerchiefs and shawls.
ALEX. WILLIS,
Clerk of the Executive Council.
Rules for Registration of Patent Agents.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this fourth
day of November, 1889.
Present:
THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL.
IN pursuance and exercise of the powers and authorities
vested in me by "The Patents, Designs, and Trade-
marks Act, 1889" (hereinafter called "the said Act"),
I, William Hillier, Earl of Onslow, the Governor of the
Colony of New Zealand, acting by and with the advice and
consent of the Executive Council of the said colony, do
hereby make the following regulations for regulating the
registration of Patent Agents, and the terms and conditions
of such registration:---
Registrar.
- "Registrar" means the Registrar of Patents, Designs,
and Trade-marks under the said Act.
Register.
2. A register shall be kept by the Registrar, subject to the
provisions of these regulations, for the registration of Patent
Agents in pursuance of the said Act. Such register shall con-
tain in one list the names in full and addresses of all Patent
Agents who are registered under the said Act and these
regulations.
Persons exempt from examination.
3. Any person for the time being entitled to practise as a
solicitor of the Supreme Court of New Zealand, and any per-
son who shall prove to the satisfaction of the Registrar that
he is registered as a Patent Agent under an Act of the Im-
perial Parliament termed "The Patents, Designs, and Trade-
marks Act, 1888," shall, upon payment of the fee prescribed,
be entitled to be registered without passing any examina-
tion, and to a certificate of registration.
Examination of Agents.
4. Except as hereinbefore provided, no person shall be en-
titled to be registered as a Patent Agent unless he has passed
an examination, as hereinafter prescribed, as to his know-
ledge of patent law and practice, and of the duties of a
Patent Agent.
Application for registration.
5. Except as hereinbefore provided, every person wishing
to be registered as a Patent Agent shall notify his desire to
the Registrar, and forward to him certificates as to cha-
racter. If the Registrar is satisfied with such certificates,
he shall appoint some competent person to examine the
applicant.
- The examiner shall appoint the time and place for the
examination, and inform the applicant thereof.
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β¨ LLM interpretation of page content
π
Continuation of Industrial Designs Rules, Sections 9-21 and Schedule
(continued from previous page)
π Trade, Customs & Industry14 November 1889
Industrial Designs, Registration, Proprietor, Classification, Patent Office, Rules
- ALEX. WILLIS, Clerk of the Executive Council
π Regulations for Registration of Patent Agents
π Trade, Customs & Industry4 November 1889
Patent Agents, Registration, Examination, Solicitor, Patents Act 1889
- ONSLOW, Governor
- THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL
- William Hillier, Earl of Onslow
π
Continuation of Industrial Designs Rules Procedures and Classification Schedule
(continued from previous page)
π Trade, Customs & Industry14 November 1889
Industrial Designs, Registration, Procedure, Schedule, Classification, Patent Office
- ALEX. WILLIS, Clerk of the Executive Council
π Regulations for Registration of Patent Agents under Patents, Designs, and Trade-marks Act, 1889
π Trade, Customs & Industry4 November 1889
Patent Agents, Registration, Examination, Solicitor, Regulations, Patents Act 1889
- ONSLOW, Governor
- THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL
- William Hillier, Earl of Onslow
NZ Gazette 1889, No 64