Aug. 23.] THE NEW ZEALAND GAZETTE. 2243
(t.) The Registrar, if he elects or is directed to appear on the question of granting the prayer of any petition under section 20 of the Act, shall not be required to give notice of the grounds of any objection he may think fit to take or of any evidence which he may think fit to place before the Court.
(u.) The Court may in cases where opposition has been entered to the prayer of a petition under section 20 of the Act give costs to or against such opponents.
(v.) In the event of the Court refusing the prayer of the petition the Court shall not, except under special circumstances, give more than one set of costs amongst all the opponents.
(w.) The Registrar shall be entitled to such costs on or in relation to his appearance on or opposition to the granting of the prayer of a petition as the Court may allow, but costs shall not be given against the Registrar.
(x.) Service of any document requiring service under this rule may be made by enclosing such document in a prepaid registered letter, and posting such letter to the person required to be served at his address for service.
4. (a.) The originating summons for the extension of any letters patent under section 20 (6) of the Patents, Designs, and Trade-marks Act, 1921–22, shall be intituled in the matter of the Act and in the matter of the letters patent in question, and shall be served on the Registrar.
(b.) At least seven days before the day on which the originating summons is returnable the applicant shall file and serve on the Registrar an affidavit stating all material facts on which the applicant relies. Such affidavit shall in particular state facts sufficient to show the district or districts wherein advertisements of the intended hearing of the summons should appear.
(c.) On the return of the summons, or on any adjournment thereof caused by the insufficiency of the applicant's evidence to comply with the requirements aforesaid or otherwise, directions shall be given for public advertisement of the application, which shall include, unless the Court shall otherwise specially direct, one advertisement in the New Zealand Gazette and in the Patent Office Journal, and in a newspaper at Auckland, Wellington, Christchurch, and Dunedin. If the applicant's principal place of business is not situated at or in the vicinity of one of the towns referred to, he shall also advertise once in some local newspaper published or circulating in the town or district where such place of business is situated. If the applicant has no such place of business, then, if he carries on the manufacture of anything made under his specification in New Zealand elsewhere than at or in the vicinity of the towns referred to, he shall advertise once in some local newspaper published or circulating in the town or district where he carries on such manufacture. If he has no such place of business and carries on no such manufacture in New Zealand, then, if he resides in New Zealand but not at or in the vicinity of the towns referred to, he shall advertise once in some newspaper published or circulated in the town or district where he resides. And thereupon the summons shall be adjourned to a day (hereinafter called “the appointed day”) not being less than four weeks from the estimated date of the forthcoming appearance of the advertisement in the New Zealand Gazette.
(d.) The form of advertisement shall be approved by the Court, and shall state the object of the application and name the day fixed as the appointed day. Every such advertisement shall also state an address for service on the applicant of any document requiring service under this rule, and shall also give notice that notices of objection must be lodged as hereinafter provided at least seven days before the appointed day. A copy of such advertisement shall be served by the applicant on the Registrar at the same time that the advertisement is sent to the New Zealand Gazette and to the Patent Office Journal.
(e.) Except with the leave of the Court, no affidavit shall be filed by the applicant between the appearance of his advertisement in the New Zealand Gazette as aforesaid and the appointed day, other than an affidavit or affidavits to prove compliance with the directions given as to advertisements.
(f.) Any person desirous of opposing the relief sought by the originating summons shall, at least seven days before the appointed day, file in the Court a notice stating that he intends so to oppose, and giving an address within New Zealand for service of any document requiring service under this rule. Such person shall at the same time serve upon the applicant a copy of such notice. After filing such notice the opponent shall be entitled to be supplied on the usual terms with copies of the originating summons and of any affidavits filed by the applicant in support.
(g.) Upon the appointed day and on any adjournment directions shall be given for the delivery by any opponent of particulars of objection and for the filing of any affidavit, and the matter shall in general proceed and be heard and dealt with in the like manner as an originating summons in which the applicant is plaintiff and the Registrar and any opponents are defendants.