Designs Regulations




at least of such appointment, and in the event of his deciding
to take evidence viva voce in lieu of, or in addition to the
evidence by declaration, or to allow any declarant to be cross-
examined on his declaration, he may require the attendance
of any declarant or other person whose evidence he may
consider desirable. If either party does not desire to be heard,
he shall as soon as possible notify the Registrar to that
effect. If either party desires to be heard he must leave
Designs form No. 18 at the Office. The Registrar may refuse
to hear either party who has not left Designs form No. 18
prior to the date of the hearing.

  1. In the event of an application for the cancellation of
    the registration of a design being uncontested by the
    proprietor the Registrar in deciding whether costs shall be
    awarded to the applicant shall consider whether proceedings
    might have been avoided if reasonable notice had been given
    by the applicant to the registered proprietor before the
    application was filed.

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS.

  1. 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-General, or of publishing a description of
    a design during the period of the holding of such an
    exhibition, shall give the Registrar notice, on Designs form
    No. 19, 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 applica-
    tion to register the same being subsequently made, the
    person lodging the said Designs 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.

  1. 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.

  2. 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
proceeding;

(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.

  1. 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.

  1. Four clear days' notice of every application to the
    Court under section 123 of the said Act for rectification of
    the Register of Designs shall be given to the Registrar.

  2. 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 Designs form No. 20, if required. The register
    may, if necessary, thereupon be rectified or altered by the
    Registrar.

  3. 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.

  1. (1.) Every application for the registration of a design
    under section 144 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 appli-
    cations have been made, and the official date or dates of
    those applications respectively.

(2.) 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.

DESIGNS EXCLUDED FROM PROTECTION UNDER COPYRIGHT
ACT, 1913.

  1. A design shall be deemed to be used as a model or
    pattern to be multiplied by any industrial process within
    the meaning of section 30 of the Copyright Act, 1913—

(a.) When the design is reproduced, or is intended to be
reproduced, in more than fifty single articles, unless all the
articles in which the design is reproduced, or is intended to be
reproduced, together form only a single set, as defined by
Regulation 4 hereof:

(b.) Where the design is to be applied to (1) printed paper-
hangings ; (2) carpets, floorcloths, or oilcloths manufactured
or sold in lengths or pieces; (3) textile piece-goods, or textile
goods manufactured or sold in lengths or pieces; (4) lace,
not made by hand.

REGULATIONS REVOKED.

  1. All regulations relative to designs in force under the
    Patents, Designs, and Trade-marks Act, 1911, at the com-
    mencement of these regulations are hereby revoked.

FIRST SCHEDULE.

FEES.

On application to register one design to be applied ₤ s. d.
to a single article in a class ... ... ... 0 10 0
On application to register one design to be applied
to a set of articles in a class ... ... ... 1 0 0
On applications to register at the same time one
design in two or more classes—
For the first of such classes ... ... ... 0 10 0
For each other class ... ... ... 0 5 0
On applications to register at the same time two
or more designs in one or more classes—
For the first design ... ... ... 0 10 0
For each subsequent design ... ... ... 0 5 0
On extension of period of copyright under section
56 (2) ... ... ... ... ... 1 0 0
On extension of period of copyright under section
56 (3) ... ... ... ... ... 2 0 0
On application to enter name of subsequent pro-
prietor, &c., jointly or otherwise ... ... *
On application of mortgagee, licensee, or other
person having registered interest, for removal
of his name ... ... ... ... 0 5 0
On application for entry of address for service or
of new address ... ... ... ... 0 5 0
On application to correct clerical error ... ... 0 5 0
On application by proprietor or his representative
for cancellation ... ... ... ... 0 5 0
On application for search under section 60 when
registration number is supplied ... ... 0 5 0
On application for search under section 60 when
registration number is not supplied ... ... 0 2 6
On application for search under Regulation 42 ... 0 2 6
On application for certificate of Registrar ... 0 5 0
On notice to Registrar of intended exhibition of
an unregistered design ... ... ... ... 0 5 0
On appeal to the Court from any decision of the
Registrar ... ... ... ... ... 0 10 0
For each entry in the register of an alteration in
pursuance of an Order of Court ... ... 0 5 0
Copy of certificate of registration, each copy ... 0 1 0
Inspection of register or design where inspection
is permitted, except inspection under the pro-
viso to subsection (1) of section 59 of the Act,
for each quarter of an hour ... ... ... 0 1 0
Office copy of design : Cost according to agreement
For office copy of documents, every 72 wordsf ... 0 0 3
On application for extension of time, for each
month or part thereof ... ... ... 0 5 0

  • Same as fee on application for registration. † But never
    less than 1s.

SECOND SCHEDULE.

[Designs Form No. 1.
The Patents, Designs, and Trade-marks Act, 1921-22.

AUTHORIZATION OF AGENT.

I [or We] have appointed [Here insert name and address of
agent], of , to act as my [or our] agent for [Here state



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1922, No 49


NZLII PDF NZ Gazette 1922, No 49





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🏭 Regulations under the Patents, Designs, and Trade-marks Act, 1921-22 (continued from previous page)

🏭 Trade, Customs & Industry
26 June 1922
Designs, Registration, Address for Service, Agency, Application Process, Representations, Specimens, Procedure, Non-completion, Death of Applicant, Certificate of Registration, Extension of Copyright, Assignment