1520

THE NEW ZEALAND GAZETTE.

[No. 55

Patents, Designs, and Trade-marks.—Extension of Time as to Rights affected by War.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 6th day of June, 1921.

Present:

THE HONOURABLE SIR F. H. D. BELL, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section twenty-three of the Finance Act, 1921, it is provided that, in order to give effect to the terms of the agreement of Berne (being an agreement respecting the preservation or the restoration of the rights of industrial property affected by the world war, dated at Berne on the thirtieth day of June, one thousand nine hundred and twenty, to which agreement the Government of New Zealand has acceded), and generally for the purpose of restoring rights of industrial property affected by the war, the Governor-General may, by Order in Council, where the time has expired within which any act or thing may or is required to be done under or for the purposes of the Patents, Designs, and Trade-marks Act, 1911 (in this Order referred to as the said Act), extend the said time, subject to such conditions as he thinks fit, including conditions for the protection of the rights of persons who may have lawfully availed themselves of the subject-matter of any patent, design, or trade-mark: And whereas it is expedient that provision should be made accordingly:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred on him by section twenty-three of the Finance Act, 1921, and of every other power and authority enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations for the purposes of the said section twenty-three.

REGULATIONS.

1. THE time within which any act or thing may or is required to be done under or for the purposes of the said Act is hereby extended, in cases from the countries adhering to the above-recited agreement of Berne, and in cases with which British subjects or British companies generally are concerned, as follows :—

(a.) For making applications under section 129 of the said Act, to the 25th July, 1921; and

(b.) For paying any fee, filing any document, or taking any other action under the said Act, to the 25th January, 1922.

2. Where applications, fees, or documents have been received from other countries, subjects, or companies after the prescribed time, owing to delay arising from the world war, the Registrar may, on request, accept any such applications, fees, or documents received not later than the 10th day of January, 1921, as if they had been received within the prescribed time, and in any such case the prescribed time shall be deemed to have been extended to that date, and action may be taken by the Registrar thereon as if the prescribed time had not expired.

3. Application for any such extension shall be made in the form set out in the Schedule hereto, or to the like effect.

4. Where rights are restored or revived by any extension of time hereunder, the order for restoration, letters patent, or other document shall contain such provisions (if any) as may be considered necessary for the protection of rights of persons who may have lawfully availed themselves of the subject-matter of any patent, design, or trade-mark. Such provisions may, in the case of patents, correspond to those contained in clauses 6 and 7 of the regulations on the 3rd day of April, 1914, under the said Act, and in respect of designs and trade-marks may be to such effect as the Registrar considers desirable.

5. Where any extension of time has been granted by or under these regulations for making any application, lodging any document, or similar action, and the time has expired for taking any subsequent proceedings, the Registrar may allow six months from the date of such grant, or in cases under regulation 2 hereof from the date of this Order in Council, for acceptance or other action, and a further six months, or twelve months in all, for sealing registration or like proceedings.

6. Where an extension of time has been granted by or under these regulations in respect of any matter, and the renewal fees thereon are overdue, the Registrar may allow the extension of one year from the date of acceptance, or in cases under regulation 2 hereof from the date of this Order in Council, for their payment. No fee will become payable until the preceding fee or fees have been paid, even though the term for which such fees are payable has expired. Notwithstanding anything contained in the regulations under the said Act, no fee shall be payable in respect of any extension in accordance with these regulations.

7. For the purpose of giving effect to these regulations the provisions of the said Act and the regulations thereunder shall be read subject to these regulations, and any forms prescribed by or under the said Act or regulations may be used or adopted for the purposes of these regulations.

SCHEDULE.

No. . [Form A.
hereby apply that the time for may be extended for , or until .

[Signature of applicant(s) or agent.]

No. . [Form B.
hereby declare that the delay has been due to circumstances arising from the war.

[Signature of applicant(s) or agent.]

No. . [Form C.
hereby declare that citizen(s) of , subject(s) of
we are a company organized under the laws of .

[Signature of applicant(s) or agent.]

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Officiating Ministers for 1921.—Notice No. 17.

Registrar-General's Office, Wellington, 7th June, 1921.

PURSUANT to the provisions of the Marriage Act, 1908, the following names of Officiating Ministers within the meaning of the said Act are published for general information :—

Methodist Church of New Zealand.

Mr. Herbert Bateup. Mr. Christopher G. H. Bycroft. Mr. Francis J. Handy. Mr. John Thomas.

W. W. COOK, Registrar-General.

Election of Member of Wellington Land Board.

District Lands and Survey Office, Wellington, 6th June, 1921.

IN accordance with the provisions of section 41 of the Land Act, 1908, and the regulations thereunder, I, Gordon Hurrell Morland McClure, as Returning Officer for the election of a member of the Wellington Land Board, do hereby declare the result of the poll taken on the 6th day of June, 1921, to be as follows :—

Ellingham, Henry Thomas.. .. .. 509 McGregor, Donald .. .. .. 144

Total number of valid votes .. .. 653 Informal votes .. .. .. 25

And I do hereby declare that HENRY THOMAS ELLINGHAM, having received the greatest number of valid votes, is duly elected a member of the Wellington Land Board as from the 6th day of June, 1921.

G. H. M. McCURE, Returning Officer.