JUNE 13.] THE NEW ZEALAND GAZETTE. 1963

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 Registrar 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 statement 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 application 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 application, 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 register, 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 application 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 Registrar 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 copyright may have been extended as aforesaid application may be made to the Registrar for a further extension 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 extension of the period of copyright shall be made in the register, and a notice of such extension, as prescribed by Regulation 28 hereof, shall be sent.

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