June 15.] THE NEW ZEALAND GAZETTE. 1487

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 trade-mark. 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. 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 has pleased Her Majesty to make an arrangement of the nature contemplated by the said Act by and in virtue of a declaration signed and sealed by Her Majesty’s Ambassador at Paris on the seventeenth March, one thousand eight hundred and eighty-four, duly conveying the accession of Great Britain 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 hereafter to the provisions of the 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 April, one thousand eight hundred and eighty-four:

And whereas by an Order in Council dated the twenty-sixth day of June, one thousand eight hundred and eighty-four, and by various subsequent Orders in Council, Her Majesty 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 whereas on the fifteenth day of July, one thousand eight hundred and ninety-nine, the Empire of Japan duly acceded to the said convention:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority committed to her by the said first-mentioned Act, doth declare, and it is hereby declared, that the provisions of section one hundred and three of the said Act as amended by section six of “The Patents, Designs, and Trade-marks (Amendment) Act, 1885,” shall also apply to Japan.

And it is hereby further ordered and declared that this Order shall take effect from the day and date first above written.

A. W. FITZROY.

TREATY SERIES No. 13, 1903.—ACCESSION OF MEXICO TO THE INDUSTRIAL PROPERTY CONVENTION, 1883, AND ADDITIONAL ACT OF 1900.—7TH SEPTEMBER, 1903.

No. 1.

M. CARLIN to the MARQUESS OF LANSDOWNE (received 15th August).

(Translation.)

London, August, 1903.

M. LE MARQUIS,—At the request of my Government, I have the honour to acquaint your Lordship that the United States of Mexico have acceded to the convention of the 20th March, 1883, creating a Union for the Protection of Industrial Property, as completed and modified by the additional Act of the 14th December, 1900.

As regards its share in the expenses of the International Bureau, Mexico has requested to be placed in the third of the classes provided by section 6 of the final protocol annexed to the above convention.

No fixed date having been mentioned by the Mexican Government as that of its entry within the Union, the above accession will, in accordance with Article XVI. of the revised convention, take effect one month after the date of the note of the Swiss Federal Council—viz., on the 7th September, 1903.

I shall be much obliged if Your Excellency will be good enough to take note of this communication, and I avail, &c.,

CARLIN.

No. 2.

The MARQUESS OF LANSDOWNE to M. CARLIN.

Foreign Office, 25th August, 1903.

SIR,—I have the honour to acknowledge the receipt of your note of the 13th instant, announcing the accession of the United States of Mexico to the convention of the 20th March, 1883, creating a Union for the Protection of Industrial Property, as completed and modified by the additional Act of the 14th December, 1900.

I note that Mexico will rank in the third class with respect to its contribution to the expenses of the International Bureau, and that, since no date of accession has been fixed by the Mexican Government, the entry of Mexico within the Union will, in accordance with Article XVI. of the revised convention, take effect one month after the date of the note of the Federal Council communicating this intelligence—viz., on the 7th September, 1903.

I have, &c.,

LANSDOWNE.

At the Court at Windsor, the 28th day of May, 1889.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY.

LORD PRESIDENT, EARL OF COVENTRY, LORD ASHBOURNE.

WHEREAS by the provisions of “The Patents, Designs, and Trade-marks Act, 1883,” as amended by “The Patents, Designs, and Trade-marks (Amendment) Act, 1885,” it is, amongst other things, provided that 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, subject to the conditions further provided and set forth in the said Act, be entitled to a patent for his invention or to registration of his design or trade-mark (as the case may be) under the said 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:

And whereas it has pleased Her Majesty to make an arrangement with the Government of Mexico, by and in virtue of a treaty entered into between Her Majesty and that State, dated the twenty-seventh day of November, one thousand eight hundred and eighty-eight, and duly ratified on the eleventh day of February, one thousand eight hundred and eighty-nine, as regards the rights to which subjects or citizens of each of the contracting parties shall be entitled in the dominions and possessions of the other in regard to patents for inventions, designs, and trade-marks:

Now, therefore, Her Majesty, by and with the advice of her Privy Council, and by virtue of the authority committed to her by the said first-mentioned Act, doth declare, and it is hereby declared, that the provisions of the said Acts hereinbefore specified shall apply to the following country—viz.,

MEXICO.

And it is further ordered and declared that this Order shall take effect so far as regards patents at the expiration of seven months, and so far as regards designs and trade-marks at the expiration of four months, from the day and date first above written.

C. L. PEEL.

TREATY SERIES No. 12, 1904.—ACCESSION OF CUBA TO THE INDUSTRIAL PROPERTY CONVENTION, 1883, ETC., 17TH NOVEMBER, 1904.

No. 1.

M. CARLIN to the MARQUESS OF LANSDOWNE (received 22nd October).

(Translation.)

Swiss Legation, London,

17th (21st) October, 1904.

M. LE MARQUIS,—By a note dated the 22nd September last the Secretary of State of the Republic of Cuba notified to