JUNE 8.] THE NEW ZEALAND GAZETTE. 1869

ASSIGNMENT, ETC.

32. Where a person becomes entitled as assignee, mortgagee, licensee, or otherwise to any interest in the copyright of a design, he may, conjointly with the registered proprietor, apply on the form No. 8 in the Second Schedule hereto to have an entry of the fact made in the register, and on receipt of such form the Registrar may make a note in the register of such interest.

33. Where no such joint application is made, any person who has become entitled to an interest in the copyright of a design by assignment, mortgage, license, or otherwise may apply for the entry of his name in the register as proprietor of such interest in such copyright. The application shall be on the form No. 9, and such application shall contain the name, address, and description of the person claiming to be entitled (hereinafter called the claimant).

34. Together with such application the claimant shall leave a case stating full particulars of the assignment, mortgage, license, instrument, or other mode of transfer by virtue of which he claims to be entitled to be entered in the register, so as to show the manner in which, and the person or persons through whom, such interest has been acquired.

35. Where the Registrar determines that the case referred to in the last preceding regulation sets out particulars such as entitle the claimant to be entered in the register he may call upon the claimant to furnish a statutory declaration in the form No. 10 in the Second Schedule hereto, verifying the several statements in the case and declaring that the particulars given comprise every material fact and document affecting the matter.

36. In any case, the Registrar may call on any person who desires his name to be entered in the register for such proof or additional proof of title as the Registrar may require for his satisfaction.

37. When the Registrar is satisfied that the claimant is entitled to the entry of his name, he shall make a note in the register of such interest.

38. Where the name of a person is entered on the register as mortgagee or licensee, such person may on lodging the form No. 11 have a note entered in the register that he no longer claims to be mortgagee or licensee, as the case may be.

ALTERATION OF ADDRESS.

39. Every registered proprietor of a design who alters his address or his address for service shall forthwith apply to the Registrar on the form No. 12, and the Registrar shall alter the register accordingly.

CORRECTION OF CLERICAL ERRORS.

40. Where an applicant desires to correct a clerical error in his application he shall lodge an application in the form No. 13.

41. Where the registered proprietor of a design desires to correct a clerical error under section 108 of the said Act he shall lodge an application in the form No. 13.

CANCELLATIONS.

42. Where the registered proprietor of a design desires to cancel his registration either wholly or in respect of any particular goods in connection with which the design is registered he shall lodge an application in the form No. 14.

43. Cancellation may also be effected by the trustee in bankruptcy of the registered proprietor, or, where the registered proprietor is a company in liquidation by the liquidator, or in any other case where the request is made by a person whom the Registrar decides to be entitled to act in the name of the registered proprietor. In such cases form No. 14 shall be lodged, modified as the Registrar directs.

DISCRETIONARY POWER.

44. Before exercising any discretionary power given by the said Act, adversely to any person, the Registrar shall consider any grounds or reasons that may be urged by such person orally or in writing, within such time as he allows for the purpose.

SEARCHES.

45. Where any person desires to obtain the information which he is entitled to obtain under section 56 of the said Act, and furnishes the registration number of the design, the Registrar shall, upon application being made in the form No. 15 in the Second Schedule hereto furnish him with the information aforesaid.

Where the applicant is unable to furnish the registration number of the design, he shall make application in the form No. 16 in the Second Schedule hereto, and shall give such information as he is in possession of, and the Registrar shall thereupon make such search in the class indicated as may be possible on the information supplied, and shall furnish such information as can be afforded.

46. (1.) The Registrar may on receipt of an application in the form No. 17 in the Second Schedule hereto, accompanied by a drawing of any design, cause a search to be made among the registered designs, and state whether in his opinion the design shown in such drawing and to be applied to goods in any particular class is or is not identical with or an obvious imitation of any registered design applied to such goods of which the copyright is still existing.

(2.) After the expiration of two years from the registration of a design, the design shall be open to the inspection of any person, on payment of the prescribed fee.

HOURS OF INSPECTION.

47. The Office shall be open to the public every week-day, except Saturday, between the hours of 10 a.m. till 1 p.m. and from 2 p.m. till 4 p.m., and on Saturday between the hours of 10 a.m. and noon, except on the days following :—

The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning sovereign; the birthday of His Royal Highness the Prince of Wales; and such other days as are observed by the Government as public holidays.

POWER TO DISPENSE WITH EVIDENCE.

48. Where under these regulations any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or evidence.

AMENDMENTS.

49. Any document or drawing or other representation of a design may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.