✨ Despatches & Legal Notices
JUNE 15.] THE NEW ZEALAND GAZETTE. 1467
Despatch.—Attestation of Signatures.
Colonial Secretary’s Office,
Wellington, 10th June, 1905.
THE following despatch from the Secretary of State for the Colonies is published for general information.
Documents with signatures requiring attestation by His Excellency the Governor should be forwarded to the Colonial Secretary at Wellington, who will submit them to His Excellency.
Extract from Rules and Regulations of His Majesty’s Colonial Service respecting attestation of documents is annexed.
J. G. WARD,
Colonial Secretary.
(Circular.) Downing Street, 22nd March, 1905.
SIR,—I have the honour to inform you that considerable difficulty has been experienced in this Department in connection with the attestation of signatures to documents executed in the colonies and required for use by foreign Governments.
- I have to call your attention to Chapter VII., paragraph VII., of the Colonial Regulations (Nos. 229, 230, and 231), and to state that, save under exceptional circumstances, I do not feel justified in authorising the certification for legalisation of any signatures except those of the Governor or Officer administering the Government; and I shall be glad if you will invite your Ministers to adopt some means of notifying persons concerned of what is required in order to facilitate the legalisation of documents in this country.
I have, &c.,
ALFRED LYTTELTON.
The Officer administering the Government of New Zealand.
EXTRACT FROM RULES AND REGULATIONS OF HIS MAJESTY’S COLONIAL SERVICE referred to in above Despatch.
Chapter VII., Paragraph VII.
Attestation of Documents.
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The attestation of signatures to documents can only take place upon a full knowledge or intimate belief in the genuineness of those signatures, and, as a general rule, the Secretary of State can only undertake to attest those of Governors or Officers administering Government.
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Persons, therefore, who may have occasion to instruct their friends or agents in any colony to send to them certificates, or powers of attorney, or judicial acts for legal use in this country, should take care to have these documents authenticated in the colony by the Officer administering the Government.
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The same rule must particularly be observed by the Governor in sending Home documents which, after being verified in England, are intended to be used in foreign countries. The last signature attached by way of attestation to any such document must invariably be one which is known, and can therefore be certified to, in this Department. If possible it should always be that of the Officer administering the Government.
Despatch. — Accession of Japan and Mexico to Industrial Property Convention.
Department of Justice,
Wellington, 30th May, 1905.
THE following despatch, with enclosures, from His Majesty’s Principal Secretary of State for the Colonies, is published for general information.
JAS. McGOWAN.
(New Zealand.—General.) Downing Street, 29th March, 1905.
MY LORD,—I have the honour to transmit to you, for the information of your Government, copies of parliamentary papers (Treaty Series No. 12, 1899; Treaty Series No. 13, 1903; Treaty Series No. 12, 1904) containing correspondence respecting the accession of Japan to the Industrial Property Convention, 1883, and of the Republics of Mexico and Cuba to the Convention of 1883 and the Additional Act of Brussels, 1900. Copies of the Orders in Council (7th October, 1899, and 12th January, 1905) giving effect in this country to the accessions of Japan and Cuba are also enclosed.
- With regard to Mexico, I enclose a copy of the Order in Council of 28th May, 1889, giving effect to the treaty between Great Britain and the republic of 27th November, 1888, and have to state that on the accession of Mexico to the Industrial Property Convention His Majesty’s Government were advised that it was not necessary in the circumstances to issue a further Order in Council.
I have, &c.,
ALFRED LYTTELTON.
Governor the Right Hon.
Lord Plunket, K.C.V.O., &c.
TREATY SERIES NO. 12, 1899.—ACCESSION OF JAPAN TO THE INDUSTRIAL PROPERTY CONVENTION OF 20TH MARCH, 1883.
No. 1.
M. BOURCART to the MARQUESS OF SALISBURY.
(Translation.)
London, 4th May, 1899.
M. LE MARQUESS,—By a note dated the 18th April last the Japanese Minister at Vienna has notified to the Swiss Federal Council the accession of his Government to the Convention of the 20th March, 1883, creating a Union for the Protection of Industrial Property, to take effect from the 15th July, 1899. The note adds that the Japanese Government does not intend, for the present, to accede to the two protocols of Madrid of the 14th April, 1891, the one relating to false indications of origin, and the other to the international registration of trade-marks.
As regards the contribution to the expenses of the International Bureau at Berne, the Japanese Empire will be placed in the second class.
I am instructed by my Government to request your Lordship to be so good as to take note of this accession, and I avail myself, &c.,
C. D. BOURCART.
No. 2.
The MARQUESS OF SALISBURY to M. BOURCART.
Foreign Office, 15th May, 1899.
SIR,—I have the honour to acknowledge the receipt of your note of the 4th instant, notifying the accession of Japan to the Convention of the 20th March, 1883, creating a Union for the Protection of Industrial Property, which accession is to take effect from the 15th July next.
I note that, for the present, Japan does not intend to accede to the first two protocols which were adopted by the Conference of Madrid on the 14th April, 1891, viz.: The arrangement respecting the prevention of false indications of origin of goods; and the arrangement respecting the international registration of trade-marks.
I note also that Japan will rank in the second class with respect to the contribution to the expenses of the International Bureau.
I beg leave to thank you for this communication, and I have, &c.,
SALISBURY.
At the Court at Balmoral, the 7th day of October, 1899.
Present:
THE QUEEN’S MOST EXCELLENT MAJESTY.
HIS ROYAL HIGHNESS THE DUKE OF CONNAUGHT AND STRATHEARN, LORD BALFOUR OF BURLEIGH, SIR FLEETWOOD EDWARDS.
WHEREAS by section one hundred and three of “The Patents, Designs, and Trade-marks Act, 1883,” as amended by section six of “The Patents, Designs, and Trade-marks (Amendment) Act, 1885,” it is enacted as follows: If Her Majesty is pleased to make any arrangement with the Government or Governments of any foreign State or States for mutual protection of inventions, designs, and trade-marks, or any of them, then any person who has applied for protection for any invention, design, or trade-mark in any such State shall be entitled to a patent for his invention, or to registration of his design or trade-mark (as the case may be) under this Act, in priority to other applicants; and such patent or registration shall have the same date as the date of the application in such foreign State: Provided that his application is made, in the case of a patent, within seven months, and, in the case of a design or trade-mark, within four months, from his applying for protection in the foreign State with which the arrangement is in force: Provided that nothing in this section contained shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification, or the actual registration of his design or trade-mark, in this country, as the case may be. The publication in the United Kingdom or the Isle of Man during the respective periods aforesaid of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein during such periods of the trade-mark, shall not invalidate the patent which may be granted for the invention, or the registration of the design or
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Despatch on Attestation of Signatures to Documents
(continued from previous page)
🌏 External Affairs & Territories10 June 1905
Attestation, Document certification, Governor, Colonial Secretary, Legalisation, Foreign governments, Downing Street, Colonial Regulations
- J. G. Ward, Colonial Secretary
- Alfred Lyttelton, Secretary of State for the Colonies
🌏 Despatch on Japan and Mexico's Accession to Industrial Property Convention
🌏 External Affairs & Territories30 May 1905
Industrial Property Convention, Japan, Mexico, Cuba, Accession, Patents, Trade-marks, Order in Council, Treaty Series, International treaties
- Jas. McGowan, Department of Justice
- Alfred Lyttelton, Secretary of State for the Colonies
🌏 Treaty Series No. 12, 1899: Japan's Accession to Industrial Property Convention
🌏 External Affairs & Territories7 October 1899
Japan, Industrial Property Convention, Union for Protection of Industrial Property, Accession, International Bureau Berne, Madrid protocols, Trade-marks, False indications of origin
- C. D. Bourcart, Swiss Federal Council
- The Marquess of Salisbury, Foreign Office
⚖️ Order in Council Giving Effect to Japan's Accession to Industrial Property Convention
⚖️ Justice & Law Enforcement7 October 1899
Order in Council, Patents Designs and Trade-marks Act, Mutual protection, Foreign arrangements, Priority rights, Infringement, UK legislation
- The Queen’s Most Excellent Majesty
- The Duke of Connaught and Strathearn
- Lord Balfour of Burleigh
- Sir Fleetwood Edwards
NZ Gazette 1905, No 56