1868

THE NEW ZEALAND GAZETTE.

[No. 50

purpose the article to which the design is to be
applied is used and the material or the predominating
material of which the article is made. Where it is
desired to register the same design in more than one
class, a separate application shall be made in respect
of each class. Application by a body corporate may
be made on its behalf by a director, or by its Secretary
or other principal officer, and in such case the forms
shall be modified to suit the circumstances of the case.
(2.) The Registrar may allow an application for a
design, although not in accordance with the said Act
and these regulations, to be left on such terms and
conditions as he thinks fit, and in any such case shall
require the applicant to comply with the requirements
of these regulations within a time to be specified by
him in that behalf. No further action need be taken
by the Registrar in respect of that application until
the prescribed requirements are complied with.

12. The applicant may, and shall if required by
    the Registrar in any case so to do, furnish a brief
    statement of the novelty he claims for his design, and
    where representations are furnished shall indorse each
    with such statement, if any.

13. There shall be furnished in connection with
    every application for the registration of a design
    three exactly similar drawings, photographs, tracings,
    or other representations or three specimens thereof.

14. When drawings or tracings are furnished, they
    must be in ink, and if on tracing-cloth or tracing-
    paper must be mounted on paper of the prescribed
    size.

15. When the design is to be applied to a set, each
    of the representations accompanying the application
    should show all the various arrangements in which
    it is proposed to apply the design to the articles
    included in the set.

16. When the specimens are not, in the Registrar’s
    opinion, of a kind which can be conveniently pasted
    into books, representations shall be furnished for
    insertion in the register and for official purposes.

17. Where words, letters, or numerals are not of
    the essence of the design, they shall be removed from
    the representations or specimens.

18. Each representation of a design which consists
    of a repeating surface pattern must show the complete
    pattern and a sufficient portion of the repeat in
    length and width, and ought not to be of less size
    than 7 inches by 5 inches.

19. Where representations are supplied, the Regis-
    trar shall also be supplied, if in any case he so requires,
    with a specimen.

20. The Registrar shall be furnished with more
    representations or more specimens of any design if
    he requires them.

21. Where the names or representations of living
    persons appear on a design, the Registrar shall, if
    he so requires, be furnished with consents from those
    persons before proceeding to register the design. In
    the case of persons recently dead the Registrar may
    call for consents from their legal representatives before
    proceeding with registration of a design on which
    their names or representations appear.

PROCEDURE ON RECEIPT OF APPLICATION.

22. Upon receipt of an application for registration,
    the Registrar shall consider it, and if he thinks there
    is no objection to the design being registered he may
    accept it.

23. If after consideration of the application any
    objections appear, notice thereof shall be given to
    the applicant or his agent, and unless the Registrar is
    satisfied within such time as he allows that the design
    is not disentitled to registration, the Registrar may
    refuse the application. In such case the Registrar
    shall, if required so to do within one month from the
    date of his refusal, furnish the applicant with a state-
    ment in writing of the grounds of his decision, and the
    date when such statement is sent shall be deemed to
    be the date of the Registrar’s decision for the purposes
    of appeal.

NON-COMPLETION.

24. Where an application for registration of a design
    is not completed within twelve months from the date
    of the application by reason of default on the part
    of the applicant, the Registrar shall give notice to
    the applicant in writing of such non-completion, and,
    if the applicant has an agent, shall send a duplicate
    of such notice to that agent. If after fourteen days
    from the date when such notice was sent the applica-
    tion is not completed the application shall be deemed
    to be abandoned, but the Registrar may with such
    notice, where the applicant lives at such distance
    from the Office that he cannot reasonably be expected
    to do what is necessary within such fourteen days,
    give a further time after such fourteen days for the
    completion of such application.

DEATH OF APPLICANT.

25. In the case of the death of any applicant for
    the registration of a design after the date of his appli-
    cation, and before the design applied for has been
    entered in the register, the Registrar may, on being
    satisfied of the applicant’s death, enter in the regis-
    ter, in place of the name of such deceased applicant,
    the name, address, and description of the person
    owning the design, on such ownership being proved
    to the satisfaction of the Registrar.

CERTIFICATE OF REGISTRATION.

26. The certificate of registration to be issued by
    the Registrar in pursuance of section 50 of the said
    Act shall be in the form No. 4 in the Second Schedule
    hereto.

EXTENSION OF PERIOD OF COPYRIGHT.

27. At any time after the registration of a design
    the period of copyright therein may be extended
    for a second period of five years if application for such
    extension is made in the form No. 5 in the Second
    Schedule hereto, but no period of copyright shall be
    extended unless an application for extension is lodged
    at least one week before the expiration of the original
    period of five years. Where a proprietor has more
    than one design copyright in which ceases at the
    same date, he may, in place of using a separate appli-
    cation form for each design, include all the designs
    in one form, stamped with the total amount of the
    prescribed fees for such designs, and so modified as
    to meet the circumstances of the case. The form
    prescribed by this regulation shall be indorsed with
    the name and address of the person lodging the same.

28. On receipt of an application for extension as
    aforesaid, an entry of the extension of the period of
    copyright shall be made in the register, and the Regis-
    trar shall send to the registered proprietor at his
    registered address or his address for service a notice
    that the period of copyright has been extended for
    a further period of five years.

29. (1.) At any time not less than six months and
    not more than twelve months before the expiration
    of the second period of five years for which the copy-
    right may have been extended as aforesaid applica-
    tion may be made to the Registrar for a further exten-
    sion of the period of copyright by lodging the form
    No. 6 in the Second Schedule hereto.

(2.) If the Registrar grants the application, he
shall send notice to the registered proprietor, who
shall, at least one week before the expiration of the
second period of five years, pay the prescribed fee
by lodging form No. 7 in the said Second Schedule.

30. The said form No. 7 shall be indorsed with the
    name and address of the person lodging the same,
    and on receipt thereof an entry of the further ex-
    tension of the period of copyright shall be made in
    the register, and a notice of such extension, as pre-
    scribed by Regulation 28 hereof, shall be sent.

31. Upon every extension of the period of copyright
    the extension shall be advertised in the Journal.