1488
THE NEW ZEALAND GAZETTE.
[No. 57

my Government the accession of that country to the Union
for the Protection of Industrial Property as governed by the
convention of the 20th March, 1883, the protocol of the 15th
April, 1891, and the additional Act of the 14th December,
1900, at the same time stating that the Cuban Government
reserves to itself the right of ultimately acceding to the ar-
rangement relative to the international registration of trade-
marks and to that respecting false indications of origin on
goods.

No special date having been indicated for the coming into
force of the convention so far as concerns the relations be-
tween Cuba and the other States of the Union, the conven-
tion will, in accordance with the terms of Article XVI. as
revised, take effect one month after the notification of the
accession has been made by the Swiss Government to the
other States of the Union. Consequently the convention
will come into force, so far as regards Cuba, on the 17th No-
vember next.

The class in which the Republic of Cuba will rank as re-
gards its contribution to the expenses of the international
office of the Union will be indicated by the latter in its official
organ La Propriété Industrielle, and in its official report.

At the request of my Government, I hasten to bring the
foregoing to your Lordship’s knowledge, with the request that
I may receive a formal acknowledgment of this communi-
cation.

Be good enough, &c.,
CARLIN.

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 Go-
vernment the accession of Cuba to the Union for the Pro-
tection of Industrial Property, so far as regards the conven-
tion 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 arrangement respecting the international
registration of trade-marks and the prevention of false indi-
cations 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 rela-
tions between Cuba and the other States of the Union, the
convention will, in accordance with Article XVI. of the re-
vised 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 Inter-
national 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 (Amend-
ment) Act, 1885,” it is enacted as follows: (1.) If Her
Majesty is pleased to make any arrangement with the Go-
vernment 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 protec-
tion 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 exhi-
bition 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 regis-
tration 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 seven-
teenth 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 representa-
tives 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 pro-
tocol on behalf of the Isle of Man, the Channel Islands, and
any of Her Majesty’s possessions, which declaration of acces-
sion 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 Govern-
ments of the foreign countries parties thereto for the pur-
pose of modifying certain of the provisions of the said inter-
national 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 sub-
section 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.