1680

THE NEW ZEALAND GAZETTE.

[No. 49

ADDRESS.

9. (1.) Every application shall be accompanied by an address for service to which all communications may be sent by the Registrar. If an applicant or a registered proprietor lives out of New Zealand, and has not furnished an address for service in New Zealand, the Registrar need not send to him any notice which under these regulations the Registrar is required to send.

(2.) Where an applicant lives out of New Zealand, he shall, if required, furnish the Registrar with an address for service within New Zealand, and until he does so the Registrar need not proceed with the examination of his application.

(3.) When such address for service is furnished it shall, on the registration of the design, be entered in the register as the address for service of the proprietor.

AGENCY.

10. (1.) An application for registration and all other communications between an applicant and the Registrar, or between the registered proprietor of a design and the Registrar, may be made by or through an agent duly authorized to the satisfaction of the Registrar.

(2.) Any such applicant or proprietor may appoint an agent to represent him in the matter of the design by signing and sending to the Registrar an authority in writing to that effect in Designs form No. 1, or in such other form as the Registrar deems sufficient. In case any registered proprietor of a design appoints such an agent, service upon such agent of any document relating to such design shall be deemed to be service upon the person so appointing him, and all communications directed to be made to such person in respect of such design may be addressed to such agent.

APPLICATION FOR REGISTRATION.

11. (1.) An application for registration of a design shall be in Designs form No. 2 or Designs form No. 3 (as the case may be), shall be signed by the applicant for registration or by his agent, and shall state the class in which the design is to be registered and the article or articles to which the design is to be applied. Where the Registrar so requires, the applicant shall further state for what 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 endorse each with such statement, if any.

13. Where an application is made under the provisions of section 53 of the said Act for the registration of a design which has already been registered in one or more classes, the application shall contain the number or numbers of the registration or registrations already effected.

14. There shall be furnished to the satisfaction of the Registrar in connection with every application for the registration of a design four exactly similar drawings or tracings, or, if the Registrar thinks fit, photographs or other representations or specimens thereof.

15. Subject to any other directions that may be given by the Registrar, when drawings or tracings are furnished they must be in Indian ink, and on good quality strong paper or tracing-cloth.

16. 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.

17. 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.

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

19. 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 in. by 5 in.

20. Where representations are supplied, the Registrar shall also be supplied, if in any case he so requires, with a specimen.

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

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. The certificate of registration to be issued by the Registrar in pursuance of section 54 of the said Act shall be in Designs form No. 4.

EXTENSION OF PERIOD OF COPYRIGHT.

28. If the proprietor of a registered design intends to apply for an extension of the period of copyright beyond the first period of five years, he shall apply for such extension before the expiration of that first period, on Designs form No. 5. An application for an enlargement of time, not exceeding three months, for payment of any fee under this rule shall be made on Designs form No. 7.

29. If the proprietor of a registered design intends to apply for an extension of the period of copyright beyond the second period of five years he shall apply for such extension before the expiration of that second period on Designs form No. 6. An application for an enlargement of time, not exceeding three months, for payment of any fee under this rule shall be made on Designs form No. 7.

30. The proprietor of any registered design may pay all or any of the prescribed fees for obtaining an extension of the period of copyright in advance.

ASSIGNMENT, ETC.

31. 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 Designs form No. 8, and such application shall contain the name, address, and description of the person claiming to be entitled (hereinafter called "the claimant").

32. 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.

33. When the Registrar is satisfied as to the applicant's title, he shall make a note in the register of such interest.