2220
THE NEW ZEALAND GAZETTE.
[No. 71

Despatch. — Industrial Property Convention: Accession of Austria-Hungary.

Department of Justice,
Wellington, 25th August, 1909.

THE following despatch, with enclosures, from His Majesty’s Principal Secretary of State for the Colonies, is published for general information.

J. G. FINDLAY.

(New Zealand.—No. 122.)

MY LORD,— Downing Street, 15th June, 1909.

I have the honour to transmit to you, for the information of your Ministers, the accompanying copy of an Order of His Majesty in Council, giving effect in this country to the accession of Austria-Hungary to the Industrial Property Convention of the 20th March, 1883, and to the Additional Act of Brussels of the 14th December, 1900.

17th May, 1909. I have, &c.,

CREWE.

Governor the Right Hon. Lord Plunket,
K.C.M.G., K.C.V.O., &c.

At the Court at Buckingham Palace, the 17th day of May, 1909.

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by section 91 of “The Patents and Designs Act, 1907,” it is enacted as follows:—

“91. (1.) If His Majesty is pleased to make any arrangement with the Government of any foreign State for mutual protection of inventions, or designs, or trade marks, then any person who has applied for protection for any invention, design, or trade mark in that State shall be entitled to a patent for his invention, or to registration of his design or trade mark under this Act or ‘The Trade Marks Act, 1905,’ in priority to other applicants; and the patent or registration shall have the same date as the date of the application in the foreign State. Provided that—

“(a.) The application is made in the case of a patent within twelve months, and in the case of a design within four months, from the application for protection in the foreign State; and

“(b.) Nothing in this section shall entitle the patentee or proprietor of the design or trade mark to recover damages for infringements happening prior to the actual date on which his complete specification is accepted, or his design or trade mark is registered, in this country.

“(2.) The patent granted for the invention or the registration of a design or trade mark shall not be invalidated—

“(a.) In the case of a patent, by reason only of the publication of a description of, or use of, the invention; or

“(b.) In the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design; or

“(c.) In the case of a trade mark, by reason only of the use of the trade mark in the United Kingdom or the Isle of Man during the period specified in this section as that within which the application may be made.

“(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 or ‘The Trade Marks Act, 1905’: provided that—

“(a.) In the case of patents the application shall be accompanied by a complete specification, which, if it is not accepted within the twelve months from the application for protection in the foreign State, shall, with the drawings (if any) be open to public inspection at the expiration of that period; and

“(b.) 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 ‘The Trade Marks Act, 1905.’

“(4.) The provisions of this section shall apply only in the case of those foreign States with respect to which His Majesty by Order in Council declares them to be applicable, and so long only in the case of each State as the Order in Council continues in force with respect to that State.

“(5.) Where it is made to appear to His Majesty that the Legislature of any British possession has made satisfactory provision for the protection of inventions, designs, and trade marks patented or registered in this country, it shall be lawful for His Majesty, by Order in Council, to apply the provisions of this section to that possession, with such variations or additions, if any, as may be stated in the Order”:

And whereas by section 103 of “The Patents, Designs, and Trade Marks Act, 1883,” as amended by section 6 of “The Patents, Designs, and Trade Marks Act (Amended Act), 1885,” and by section 1 of “The Patents Act, 1901,” and since repealed by section 98 of the said “Patents and Designs Act, 1907,” provisions were made to the same or like effect as those above set forth as contained in section 91 of the said last-mentioned Act:

And whereas it pleased Her late Majesty Queen Victoria to make an arrangement of the nature contemplated by the said section 103, by and in virtue of a declaration, signed and sealed by Her Majesty’s Ambassador at Paris on the 17th day of March, 1884, 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 20th day of March, 1883, and duly ratified on the 6th day of June, 1884, 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 2nd day of April, 1884:

And whereas on the 14th December, 1900, 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 various Orders in Council Her late Majesty Queen Victoria and His present Majesty have been pleased to declare that the hereinbefore-mentioned provisions of the said “Patents, Designs and Trade Marks Act, 1883” (as amended), should apply to the several foreign countries named in the said Orders parties to the said Convention and Protocols:

And whereas by section 98 of the said “Patents and Designs Act, 1907,” any Convention, Order in Council, rule or table of fees, having effect under any enactment repealed by the said section is to continue in force and is not to be affected by the said section:

And whereas on the 1st day of January, 1909, Austria-Hungary duly acceded to the said International Convention Protocol and Additional Act:

Now, therefore, His Majesty, in pursuance of the powers in him vested by the above-recited provisions, and by and with the advice of His Privy Council, doth declare and it is hereby declared as follows:—

1. The provisions of section 91 of “The Patents and Designs Act, 1907,” shall apply to Austria-Hungary.

This Order shall take effect from the 1st day of January, 1909.

A. W. FITZROY.

Applications for Letters Patent filed.

LIST of applications for Letters Patent filed. (Where a complete specification accompanies an application an asterisk is affixed; in all other cases a provisional specification has been lodged. In all cases where the applicant is not the inventor the name of the latter appears in italics after the title. † Denotes an application under the International and Intercolonial Arrangements.)

No. 26375.—7th August.—A. Gannaway, Wanganui, N.Z.
Letter-copying press.

No. 26376.—7th August.—F. Lough, Ruapekapeka, N.Z., and W. J. F. Hayter, Hamilton, N.Z.
Ore-treatment.

No. 26377.—7th August.—G. Heffron, Waikino, N.Z.
Butter cooler and warmer.*

No. 26378.—5th August.—A. and K. Service, Auckland, N.Z.
Collapsible cardboard box.

No. 26379.—5th August.—H. W. and W. W. Jones and E. Foote, Auckland, N.Z.
Folding lunch-box.

No. 26380.—5th August.—H. W. and W. W. Jones and E. Foote, Auckland, N.Z.
Cake-tin.

No. 26381.—5th August.—C. S. Munro, Kurow, N.Z.
Maintaining heat in bottles.

No. 26382.—5th August.—Bing, Harris, and Co., Limited, Dunedin, N.Z.
Shoe.* (W. S. Neill and J. Elvidge.)

No. 26383.—5th August.—J. Mead, Auckland, N.Z.
Show-case fastener.

No. 26384.—7th August.—H. Quertier, Christchurch, N.Z.
Ticket-printing device.

No. 26385.—9th August.—C. W. Clayton, Wanganui, N.Z.
Boot and shoe back-seam stay.

No. 26386.—9th August.—W. T. Taylor, Wellington, N.Z.
Dredging-grab and bucket.

No. 26387.—9th August.—J. A. Lissington and B. Jeffrey, Palmerston North, N.Z.
Flushing-cistern.*

No. 26388.—9th August.—F. W. G. Levestam, Wellington, N.Z.
Roofing-nail.