1870
THE NEW ZEALAND GAZETTE.
[No. 50

ENLARGEMENT OF TIME.

50. The time prescribed by these regulations for doing any act or taking any proceeding thereunder may be enlarged by the Registrar if he thinks fit, upon such notice to parties, and upon such terms, as he may direct, and such enlargement may be granted though the time has expired for doing such act or taking such proceeding.

51. Whenever the last day fixed by the Act or by these regulations for doing anything shall fall on a day when the Office or local Patent Office is not open, or on a Saturday, which days shall be excluded days for the purposes of the said Act and these regulations, it shall be lawful to do any such act or thing on the day next following such excluded day, or days if two or more of them occur consecutively.

52. Any fee payable or any document required to be lodged in pursuance of these regulations shall be deemed to be paid or lodged within the prescribed time if it is paid or lodged at a local Patent Office, and the Registrar has within such time received notice, by telegraph or otherwise, of such payment or lodgment.

CERTIFICATE BY REGISTRAR.

53. Where a certificate is required for the purpose of any legal proceeding, or other special purpose, as to any entry, matter, or thing which the Registrar is authorized by the said Act or these regulations to make or do, the Registrar may give such certificate on application being made to him on the form No. 18 in the Second Schedule hereto.

MARKING OF ARTICLES.

54. Before delivery on sale of any article to which a registered design has been applied, the proprietor of such design shall cause each such article to be marked with the word “Registered,” or with the abbreviation “Regd.,” or with the abbreviation “Rd.,” as he may choose, and also (except in the case of articles to which have been applied designs registered in Classes 9, 13, 14, and 15) with the number appearing on the certificate of registration.

REGISTER OF DESIGNS AND INSPECTION OF REGISTERED DESIGNS.

55. When a design is accepted there shall be entered in the register a representation or specimen of the design, the calling or description of the proprietor, the date of the application, and such other particulars as the Registrar deems necessary.

The period under section 55 of the Act during which a design shall not be open to inspection except as provided in that section shall be two years from the date of the original registration thereof.

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS.

56. Any person desirous of exhibiting a design, or any article to which a design has been applied, at an industrial or international exhibition, which has been declared as such by the Governor, or of publishing a description of a design during the period of the holding of such an exhibition, shall give the Registrar notice, on the form No. 19 in the Second Schedule hereto, of his intention to exhibit the design or article or to publish a description of the design, as the case may be. For the purpose of identifying the design in the event of an application to register the same being subsequently made, the person lodging the said form No. 19 shall supply a brief description of the nature thereof, accompanied by a sketch, drawing, or specimen, and shall supply such other information as the Registrar may in each case require.

STATUTORY DECLARATIONS.

57. The statutory declarations required by these regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.

58. Statutory declarations shall be made and subscribed as follows:—

(a.) In New Zealand, in the manner prescribed by the Justices of the Peace Act, 1908;

(b.) In the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorized by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceedings;

(c.) In any other part of His Majesty’s dominions, before any Court, Judge, Justice of the Peace, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding; and

(d.) If made out of His Majesty’s dominions, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul, or other person exercising the functions of a British Consul, or a Notary Public, or before a Judge or Magistrate.

59. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person hereby authorized to take such declaration in testimony of such declaration having been made and subscribed before him may be admitted by the Registrar without proof of the genuineness of any such seal or signature or of the official character of such person, or his authority to take such declaration.

APPLICATIONS TO AND ORDERS OF THE COURT.

60. Four clear days’ notice of every application to the Court under section 110 of the said Act for rectification of the Register of Designs shall be given to the Registrar.

61. Where an order has been made by the Court in any case under the said Act, the person in whose favour such order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith serve on the Registrar an office copy of such order, together with an application in the form No. 20 in the Second Schedule hereto, if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.

62. Whenever an order is made by the Court under the said Act, the Registrar may, if he thinks that the effect of such order should be made public, advertise a notice thereof in the Journal.

CONVENTION APPLICATIONS.

63. Every application for the registration of a design under section 129 of the said Act (hereinafter referred to as a convention application) shall contain a declaration that foreign application has been made for the protection of the design to which the convention application relates, and shall specify the country or countries in which such foreign applications have been made, and the official date or dates of those applications respectively.

A copy of the said design, duly certified by the official chief or head of the Patent Office of the country in which the first foreign application was made, or otherwise verified to the satisfaction of the Registrar, must be left at the office at the same time as the application or within such further time thereafter as the Registrar may allow.

REPEAL.

64. All general rules or regulations relative to designs heretofore made under the Patents, Designs, and Trade-marks Act, 1908, or any former Act relating to designs, and in force at the coming into operation of this Order, are hereby repealed as from that date, without prejudice, nevertheless, to anything done under such rules or regulations, or to any application or other matter then pending.