JUNE 15.] THE NEW ZEALAND GAZETTE. 1469

No. 2.

THE MARQUESS OF LANSDOWNE TO M. CARLIN.

Foreign Office, 31st October, 1904.

SIR,—I have the honour to acknowledge the receipt of your note of the 17th (21st) instant, stating that, on the 22nd ultimo, the Government of Cuba notified to the Swiss Government the accession of Cuba to the Union for the Protection of Industrial Property, so far as regards the convention of the 20th March, 1883, the protocol of the 15th April, 1891, and the additional Act of the 14th December, 1900, while reserving to themselves the right of accession at a later date to the arrangements respecting the international registration of trade-marks and the prevention of false indications of origin of goods.

I note that, no special date having been mentioned for the coming into force of the convention so far as regards the relations between Cuba and the other States of the Union, the convention will, in accordance with Article XVI. of the revised convention, take effect one month after the date of the notification made by the Swiss Government to the other States of the Union, viz., on the 17th November next.

I also note that the class in which Cuba will rank with respect to its contribution to the expenses of the International Bureau will be specified in the official organ of the Union, La Propriété Industrielle, and in its official report.

I have, &c.,

LANSDOWNE.

At the Court at Buckingham Palace, the 12th day of January, 1905.

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.

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: (1.) 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 this 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. (2.) 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 trade-mark. (3.) The application for the grant of a patent, or the registration of a design, or the registration of a trade-mark, under this section must be made in the same manner as an ordinary application under this Act; provided that, in the case of trade-marks, any trade-mark the registration of which has been duly applied for in the country of origin may be registered under this Act. (4.) The provisions of this section shall apply only in the case of those foreign States with respect to which Her Majesty shall from time to time by Order in Council declare them to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State:

And whereas it pleased Her late Majesty Queen Victoria to make an arrangement of the nature contemplated by the said enactment, by and in virtue of a declaration signed and sealed by Her Majesty’s ambassador at Paris on the seventeenth day of March, one thousand eight hundred and eighty-four, duly conveying the accession of Great Britain and Ireland to the International Convention and Protocol for the Protection of Industrial Property, signed by representatives of certain Powers on the twentieth day of March, one thousand eight hundred and eighty-three, and duly ratified on the sixth day of June, one thousand eight hundred and eighty-four, power being reserved to Her Majesty to accede thereafter to the provisions of the said convention and protocol on behalf of the Isle of Man, the Channel Islands, and any of Her Majesty’s possessions, which declaration of accession was duly accepted by the French Government on behalf of the signatory Powers by and in virtue of a declaration dated the second day of April, one thousand eight hundred and eighty-four:

And whereas by various Orders in Council Her late Majesty Queen Victoria was pleased to declare that the hereinbefore-recited provisions of the said Act should apply to the several foreign countries named in the said Orders parties to the said convention and protocol:

And whereas on the fourteenth day of December, one thousand nine hundred, an additional Act was agreed upon between Her late Majesty Queen Victoria and the Governments of the foreign countries parties thereto for the purpose of modifying certain of the provisions of the said international convention and the protocol annexed thereto, the ratifications of which additional Act were duly effected except as regards the Dominican Republic and Servia:

And whereas by section one of “The Patents Act, 1901,” it is enacted as follows: 1. (1.) In the first proviso to subsection one of section one hundred and three of “The Patents, Designs, and Trade-marks Act, 1883” (which section relates to the time for making applications for protection under international arrangements) the words “twelve months” be substituted for the words “seven months.” (2.) An application under that section shall be accompanied by a complete specification, which, if it be not accepted within the period of twelve months, shall, with the drawings (if any), be open to public inspection at the expiration of that period:

And whereas on the first day of May, one thousand nine hundred and three, the German Empire duly acceded to the said international convention, protocol, and additional Act:

And whereas by an Order in Council dated the ninth day of October, one thousand nine hundred and three, His Majesty was pleased to declare that the provisions of 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,” and by section one of “The Patents Act, 1901,” should apply to the German Empire:

And whereas on the twenty-second day of September, one thousand nine hundred and four, the Republic of Cuba duly acceded to the said international convention, protocol, and additional Act:

Now, therefore, His Majesty, by and with the advice of his Privy Council, and by virtue of the authority committed to him by the above enactments, doth declare, and it is hereby declared, as follows:—

1. The provisions of 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,” and by section one of “The Patents Act, 1901,” shall apply to the Republic of Cuba.

2. This Order shall take effect from the seventeenth day of November, one thousand nine hundred and four.

A. W. FITZROY.

Notice fixing Closing-hours of Shops in the Borough of Te Aroha.

WHEREAS a requisition in writing, signed by a majority of the occupiers of all the shops in the Borough of Te Aroha (not being one of the districts mentioned in section 3 of “The Shops and Offices Act, 1904”), has been forwarded to me, desiring that all shops in the borough except those specified in clause (a) of section 15 of the Act shall be closed at 6 o’clock in the evening on Mondays, Tuesdays, Wednesdays, and Fridays, at 10 o’clock in the evening on Saturdays, and at 1 o’clock in the afternoon on Thursdays: And whereas the Te Aroha Borough Council has certified that the signatures to such requisition represent a majority of the occupiers of all the shops within the borough:

Now, therefore, I, Richard John Seddon, Minister of Labour, in pursuance of section 21 of the said Act, do hereby direct that from and after the 19th day of June, 1905, all shops, except in the following trades in the Borough of Te Aroha, shall be closed in accordance with such requisition.

Excepted Trades.—Fishmongers, fruiterers, confectioners, bakers, refreshment-room keepers, or bookstall-keeper on a railway-station or wharf.

Dated at Wellington, this 13th day of June, 1905.

R. J. SEDDON,
Minister of Labour.