Any person, whether a British subject or not, may make application for a patent.

Two or more persons may make joint application for a patent, and a patent may be granted to them jointly.

A patent may also be granted to several persons jointly, some or one of whom only arc or is the true and first inventors or inventor.

If a person possessed of an invention dies without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, his legal representative.

Every such application shall be made within six months of the death of such person, and shall contain a declaration by the legal representative that he believes such person to have been the true and first inventor of the invention.

An application for a patent shall be made in the form numbered (1) in the Second Schedule hereto or to the like effect, and shall be loft at or sent by post to the Patent Office or left at a local Patent Office.

An application shall contain a declaration attested by a witness to the effect that the applicant is in possession of an invention whereof he, or in the case of a joint application one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent, and shall be accompanied by either a provisional or complete specification in the forms numbered (2) and (3) in the Second Schedule hereto or to the like effect, written in a plain legible hand or printed in fair legible type upon parchment or paper, and signed by the applicant.

A provisional specification shall describe the nature of the invention, and be accompanied by drawings if required.

A complete specification, whether left on application or subsequently, shall particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and shall be accompanied by drawings if required, or a reference to the drawings, if any, which accompanied the provisional specification.

A copy of the complete specification and of the drawings accompanying it or referred to in it shall be deposited in the Patent Office at the same time, and together with the complete specification.

A specification, whether provisional or complete, shall commence with the title, shall be limited to one invention, and, in the case of a complete specification, shall end with a distinct statement of the invention claimed.

If such application is made at any local Patent Office, the Patent Office Agent shall give to the applicant or his agent a receipt therefor in the form numbered (4) in the Second Schedule hereto or to the like effect, and shall forthwith transmit the documents and a copy of his receipt to the Patent Office.

The Registrar shall examine every application in priority according to the time at which it was received at the Patent Office or local Patent Office, as the case may be, in order to ascertain whether the nature of the invention has been fairly described, and the application, specification, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject-matter of the invention.

If he finds that the nature of the invention is not fairly described, or that the application, specification, or drawings have not been prepared in the prescribed manner, or that the title docs not sufficiently indicate the subject-matter of the invention, he may refuse to accept the application, or require that the application, specification, or drawings be amended before he proceeds with the application; and in the latter case the application shall, if the Registrar so directs, bear date as from the time when the requirement is complied with.

if he finds the application and specification to be in accordance with this Act and the prescribed regulations, he shall accept the same by indorsing on the application the word “Accepted,” with his signature and the exact time of such acceptance, and shall cause the said time of acceptance to be recorded in the Patent Office.

Where an application has been accepted, the Registrar shall give notice thereof to the applicant.

If after application for a patent has been made, but before the patent thereon has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a similar title, the Registrar, if he thinks fit, on the request of the second applicant or of his legal representative, may, within two months of the grant of a patent on the first application, either decline to proceed with the second application or allow the surrender of the patent, if any, granted thereon.

If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of the acceptance of the application; and unless a complete specification is left within that time the application shall be deemed to be abandoned.

Where a complete specification is left after a provisional specification, the Registrar shall examine both specifications for the purpose of ascertaining whether the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that described in the provisional specification.

If he finds that the conditions hereinbefore contained have not been complied with, he may refuse to accept the complete specification unless and until the same is amended to his satisfaction; but any such refusal shall be subject to appeal to the Court.

The Court shall hear the applicant and the Registrar, or any one appearing on behalf of either of them, and may make an order determining whether and subject to what conditions (if any) the complete specification shall be accepted.

Unless a complete specification is accepted within twelve months from the date of the application, then (save where an appeal has been lodged against the refusal to accept) the application shall, at the expiration of those twelve months, become void.

Where an application for a patent has been abandoned or become void, the provisional specification and drawings (if any) accompanying or left in connection with such application shall not at any time be open to public inspection or be published by the Registrar.

On the acceptance of the complete specification the Registrar shall advertise the acceptance in the Gazette, and the application and specification with the drawings (if any) shall be open to public inspection.

Any person may, at any time within two months from the date of the advertisement of the acceptance of a complete specification, give notice in writing in duplicate at the Patent Office of opposition to the grant of the patent, and shall state in such notice the particular grounds of his objection.

Where notice of opposition is given, the Registrar shall appoint a day for hearing the opposition, and shall give notice of the hearing so appointed and of the opposition to the applicant, and shall, after hearing the applicant and the person so giving notice, if desirous of being heard, decide on the case.

The decision of the Registrar shall be subject to appeal to the Court, which may hear the applicant and any person so giving notice and being, in the opinion of the Court, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made.

On the expiration of two months from the date of the acceptance of an application if there is no opposition, or, in case of opposition, if the determination is in favour of the grant of a patent, as soon as the decision is made or given, a patent may be granted; and at any time thereafter before the expiration of the term of provisional protection, on application in writing by the applicant or his agent, with payment of the fee thereon, the Registrar shall cause a patent to be prepared for such invention, and the Governor may direct such patent to be sealed with the Public Seal of New Zealand.

A patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of the application, except in the cases hereinafter mentioned, that is to say,—

Notwithstanding anything in sections ten, twelve, and seventeen hereof, a complete specification may be left and accepted within such extended times, not exceeding one month and three months respectively after the nine and twelve months respectively mentioned in the aforesaid sections ten and twelve, as the Registrar, on payment of the prescribed fee, allows; and where such extension of time is allowed, a further period of four months after the fifteen months mentioned in section seventeen hereof shall be allowed for the sealing of the patent.

Every patent shall be deemed to take effect as and from the day of the acceptance of the application.

But no proceedings shall be taken in respect of an infringement committed before the publication of the specification.

la case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications shall not prevent the scaling of a patent on an earlier application.

Every patent when sealed shall have effect throughout New Zealand and its dependencies.

The term limited in every patent for the duration thereof shall be fourteen years from the date from which it takes effect.

But every patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to make the prescribed payments within the prescribed times.

Every patent shall be granted for one invention only, but may contain more than one claim; and it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention.

Every patent shall be in the form numbered (5) in the Second Schedule hereto or to the like effect, and shall be made subject to the provisions of this Act and to the conditions and restrictions that, may be inserted in such patent by virtue thereof.

If in any case, by accident, mistake, or inadvertence, an applicant for a patent, or a patentee fails to make any prescribed payment within the prescribed time, he may apply, on payment of an application fee of one pound, to the Registrar for an enlargement of the time for making the prescribed payment.

Thereupon the Registrar shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee enlarge, the time accordingly, subject to the following conditions:—

After the acceptance of an application for a patent in respect of an invention, the invention may, during the period between the date of the application and the date of sealing such patent, be used and published without prejudice to the patent to be granted for the same; and such protection from the consequences of use and publication is in this Act referred to as “provisional protection.”

During the aforesaid term of provisional protection the applicant may, by notice in writing signed by him and delivered or sent by post to the Registrar, abandon his application, and thereupon such protection shall cease.

After the acceptance of a complete specification, and until the date of scaling a patent in respect thereof or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification:

Provided that, an applicant shall not be entitled to institute any proceeding for infringement unless and until a patent for the invention has been sealed.

In any case where the determination of the Registrar is not in favour of the grant of a patent, the invention for which such patent is sought shall thereupon, or upon the confirmation of such determination if appealed from, cease to be protected.

An applicant or a patentee may from time to time, by request in writing left at the Patent Office, seek leave to amend his specification, including drawings forming part thereof, by way of disclaimer, correction, or explanation, stating the nature of such amendment and his reasons for the same.

The request and the nature of such proposed amendment shall be advertised by the Registrar in the Gazette; and at any time within one month from its advertisement any person may give notice at the Patent Office of opposition to the amendment.

Where such notice is given the Registrar shall give notice of the opposition to the applicant or patentee, and shall hear and decide the case subject to an appeal to the Court, which may hear the applicant or patentee and the person so giving notice and being, in the opinion of the Court, entitled to be heard in opposition to the request, and shall determine whether and subject to what conditions, if any, the amendment ought to be allowed.

Where no notice of opposition is given, or the person so giving notice does not appear, the Registrar shall determine whether and subject to what conditions, if any, the amendment ought to be allowed.

Where leave to amend is refused by the Registrar, the person making the request may appeal from his decision to the Court, which may hear the person making the request and the Registrar or any person appearing on his behalf, and may make an order determining whether and subject to what conditions, if any, the amendment ought to be allowed.

No amendment shall be allowed that would make the specification as amended claim an invention substantially larger than or substantially different from the invention claimed by the specification as it stood before amendment.

Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shall in all Courts and for all purposes be deemed to form part of the specification.

This section shall not apply when and so long as any action for infringement or other legal proceeding for revocation of a patent is pending.

In an action for infringement of a patent, and in a proceeding for revocation of a patent, the Court or a Judge thereof may at any time order that the patentee shall, subject to such terms as to costs and otherwise as the Court or Judge imposes, be at liberty to apply at the Patent Office for leave to amend his specification by way of disclaimer, and may direct that in the meantime the trial or hearing of the action or proceeding shall be postponed.

Where an amendment by way of disclaimer, correction, or explanation is allowed under this Act, no damages shall be given in any action in respect of the use of the invention before the disclaimer, correction, or explanation, unless the patentee establishes to the satisfaction of the Court that his original claim was framed in good faith and with reasonable skill and knowledge.

If on the petition of any person interested it is proved to the Governor that by reason of the default of a patentee to grant licenses on reasonable terms—

the Governor may order the patentee to grant licenses on such terms as to the amount of royalties, security for payment, or otherwise as the Governor having regard to the nature of the invention and the circumstances of the case deems just, and any such order may be enforced by mandamus.

A patentee may, after advertising in the Gazette his intention to do so, present a petition to the Governor praying that his patent may be extended for a further term; but such petition shall be presented at least six months before the time limited for the expiration of the patent.

Any person may enter a caveat, addressed to the Governor, against the extension.

If the Governor is pleased to refer any such petition and caveat to the Court, the Court shall proceed to consider the same, and the petitioner and any caveator shall be entitled to be heard by himself or by counsel on the petition.

The Court in considering its decision shall have regard to the nature and merits of the invention in relation to the public, to the profits made by the patentee as such, and to all the circumstances of the case.

If the Court reports that the patentee has been inadequately remunerated by his patent, the Governor may extend the term of the patent for a further term not exceeding seven or, in exceptional cases, fourteen years; or may order the grant of a new patent for the term therein mentioned, and containing any restrictions, conditions, and provisions that the Court, thinks fit.

Revocation of a patent may be obtained on petition to the Court.

Every ground on which a patent might heretofore be repealed shall be available by way of defence to an action of infringement, and shall also be a ground of revocation.

A petition for revocation of a patent may be presented by —

The plaintiff shall deliver with his petition particulars of the objections on which he means to rely, and no evidence shall, except by the leave of the Court or a Judge thereof, be admitted in proof of any objection of which particulars are not so delivered.

Particulars delivered may be from time to time amended by leave of the Court or a Judge thereof.

The defendant shall be entitled to begin and give evidence in support of the patent, and if the plaintiff gives evidence impeaching the validity of the patent the defendant shall be entitled to reply.

On any such petition the Court may make such order for expunging, vacating, or varying any entry in the register, and as to costs, as it thinks fit.

Where a patent has been revoked on the ground of fraud, the Registrar may. on the application of the true inventor made in accordance with the provisions of this Act, grant to him a patent in lieu of and taking effect, from the same date as the date of revocation of the patent so revoked, but the patent so granted shall cease on the expiration of the term for which the revoked patent was granted.

A patent shall have to all intents the like effect as against His Majesty as it has against a subject.

But the officers or authorities administering any Department of the service of the Crown or the Government of New Zealand may, by themselves, their agents, contractors, and others, at any time after the application, use the invention for the services of the Crown or the Government, on terms to be before or after the use thereof agreed on, with the approval of the Minister having the control of such Department, between those officers or authorities and the patentee, or, in default of such agreement, on such terms as may be settled by such Minister after hearing all parties interested.

In an action or proceeding for infringement or revocation of a patent the Court may, if it thinks fit, and shall, on the request of either of the parties to the proceedings, call in the aid of an assessor specially qualified, and try and hear the case wholly or partially with his assistance: the action shall be tried without a jury, unless the Court otherwise directs.

The remuneration, if any, to be paid to an assessor under this section shall be determined by the Court, and be paid in the same manner as the other expenses of the execution of this Act.

In an action for infringement of a patent the plaintiff shall deliver with his statement of claim, or by order of the Court or a Judge at any subsequent time, particulars of the breaches complained of.

The defendant shall deliver with his statement of defence, or by order of the Court or a Judge at any subsequent time, particulars of any objections on which he relics in support thereof.

If the defendant disputes the validity of the patent, the particulars delivered by him shall state on what grounds he disputes it, and if one of those grounds is want of novelty, shall state the time and place of the previous publication or user alleged by him.

At the hearing no evidence shall, except by leave of the Court or a Judge, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered.

Particulars delivered may from time to time be amended by leave of the Court or a Judge.

On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant, and they respectively shall not be allowed any costs in respect of any particular delivered by them unless the same is certified by the Court or a Judge to have been proved or to have been reasonable and proper without regard to the general costs of the case.

In an action for infringement of a patent the Court or a Judge may, on the application of either party, make such order for an injunction, inspection, or account, and impose such terms and give such directions respecting the same and the proceedings thereon, as the Court or the Judge sees fit.

In an action for infringement of a patent the Court, or a Judge may certify that the validity of the patent came in question; and if such certificate is given, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judgment in his favour, shall have his full costs, charges, and expenses as between solicitor and client, unless the Court, or the Judge, certifies that he ought not to have the same.

Where any person claiming to be the patentee of an invention, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged manufacture, use, sale, or purchase of the invention, any person aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby, if the alleged manufacture, use, sale, or purchase to which the threats related was not in fact an infringement of any legal rights of the person making such threats; but this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent.

There shall be kept at the Patent Office a book called the Register of Patents, wherein shall be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licenses under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as are from time to time prescribed.

The Register of Patents shall be prima facie evidence of any matters by this Act directed or authorised to be inserted therein.

Copies of deeds, licenses, and any other documents affecting the proprietorship in any letters patent or in any license thereunder shall be supplied to the Registrar in the prescribed manner for filing in the Patent Office.

There shall be paid, in respect of applications and grants of patents and other matters under this Part of this Act, the fees mentioned in Part I of the Third Schedule hereto, or such other fees as may be from time to time prescribed by the Governor in Council; and such fees shall be paid into the Public Account and form part of the Consolidated Fund.

A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection.

A patentee may assign his patent, or grant licenses for the use of the invention protected thereby, in the whole of New Zealand or in any specified part thereof.

If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Registrar, the Governor may at any time cause a duplicate thereof to be sealed.

The exhibition of an invention at any colonial, intercolonial, or international exhibition held at any place either in or out of New Zealand, and declared by the Governor by notice in the Gazette to be an “industrial exhibition” for the purposes of this Act, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention, or the validity of any patent granted on the application, subject as follows, namely:—

The Registrar may at any time require a patentee to furnish him with a model of his invention on payment to the patentee of the cost of the manufacture of the model; the amount to be settled, in case of dispute, by the Controller and Auditor-General.

A patent shall not prevent the use of an invention for the purposes of the navigation of a foreign vessel within the jurisdiction of the Supreme Court, or the use of an invention in a foreign vessel within that jurisdiction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from New Zealand.

This section shall not extend to vessels of any foreign State of which the laws authorise subjects of such foreign State, having patents or like privileges for the exclusive use of or exercise of inventions within its territories, to prevent or interfere with the use of such inventions in British vessels while in the ports of such foreign State, or in the waters within the jurisdiction of its Courts, where such inventions are not so used for the manufacture or preparation of anything intended to be sold in or exported from the territories of such foreign State.

Where application is made for a patent for any improvement in instruments or munitions of war, and it appears to the Governor that in the interest of the public service the particulars of the invention and of the manner in which it is to be performed should be kept secret pending a reference to His Majesty’s Principal Secretary of State for the War Department, the Governor may, with the consent of the inventor, direct the Registrar to place the application for such patent, with the specification and the drawings (if any), and any amendment of the specification, and any copies of such documents and drawings, in a packet sealed by authority of the Governor, and thereupon all proceedings in relation to the granting of a patent for the said invention shall be suspended.

At the expiration of nine months from the sealing of the said packet, or any time before such time, the Governor may direct the Registrar—

The communication of any invention for any improvement in instruments or munitions of war to the Secretary of State, or to any person authorised by him to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, be deemed use or publication of such invention so as to prejudice the grant of any patent for the same.

No person shall be entitled to claim or to receive any compensation in-respect of the granting of a patent being delayed by reason of the sealing-up thereof for a time in the interest of the public service.

Every patent granted under “The Patents, Designs, and Trademarks Act, 1889,” before the eighteenth day of December, one thousand eight hundred and ninety-seven (the date of the coming into operation of “The Patents, Designs, and Trade-marks Act Amendment Act, 1897”), shall, so far as its validity depends on the sealing and signature thereof, be of the same force and validity as if it had been sealed and signed on the day upon which it purports to have been sealed and dated; and it shall not be necessary or material to inquire whether such patent was in fact sealed and signed as aforesaid.

The Registrar, on application by or on behalf of any person claiming to be the proprietor of any new or original design not previously published in New Zealand, may register the design under this Part of this Act.

The application shall be made in the form numbered (6) in the Second Schedule hereto or to the like effect, and shall be left at or sent by post to the Patent Office.

The application shall contain a statement of the nature of the design and the class or classes of goods in which the applicant desires that the design be registered.

The same design may be registered in more than one class.

In case of doubt as to the class in which a design ought to be registered the Registrar may decide the question.

The Registrar may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal therefrom to the Court, which may hear the applicant and the Registrar, and may make an order determining whether, and subject to what conditions (if any), registration is to be permitted.

On application for registration of a design the applicant shall furnish to the Registrar the prescribed number of copies of drawings, photographs, or tracings of the design sufficient, in the opinion of the Registrar, for enabling him to identify the design; or the applicant may, instead of such copies, furnish exact representations or specimens of the design.

The Registrar may, if he thinks fit, refuse any drawing, photograph, tracing, representation, or specimen which in his opinion is not suitable for the official records.

The Registrar shall grant a certificate of registration to the proprietor of the design when registered.

The Registrar may, in case of loss of the original certificate, or in any other case in which he deems it expedient, grant a copy or copies of the certificate.

Where a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration.

Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall, if exact representations or specimens were not furnished on the application for registration, furnish to the Registrar the prescribed number of exact representations or specimens of the design, and if he fails to do so the Registrar may erase his name from the register, and thereupon his copyright in the design shall cease.

Before delivery on sale of any articles to which a registered design has been applied the proprietor of the design shall cause each such article to be marked with the prescribed mark, or with the prescribed word or words or figures, denoting that the design is registered; and if he fails to do so the copyright in the design shall cease, unless the proprietor shows that he took all proper steps to insure the marking of the article.

During the existence of copyright in a design the design shall not be open to inspection except by the proprietor, or a person authorised in writing by the proprietor, or a person authorised by the Registrar or by the Court, and furnishing such information as may enable the Registrar to identify the design, nor except in the presence of the Registrar or of an officer acting under him, nor except on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design or of any part thereof.

But where registration of a design is refused on the ground of identity with a design already registered, the applicant for registration shall be entitled to inspect the design so registered.

Where the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be supplied to any person on payment of the prescribed fee.

On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the Registrar to identify the design, and on payment of the prescribed fee, the Registrar shall inform such person whether the registration still exists in respect of such design, and, if so, in respect of what class or classes of goods, and stating also the date of registration and the name and address of the registered proprietor.

If a registered design is used in manufacture in any foreign country and is not used in New Zealand within six months of its registration in New Zealand, the copyright in the design shall cease.

There shall be kept at the Patent Office a book called the Register of Designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may from time to time be prescribed.

The Register of Designs shall be prima facie evidence of any matters by this Act directed or authorised to be entered therein.

There shall be paid in respect of applications and registration and other matters under this Part of this Act the fees mentioned in Part II of the Third Schedule hereto, or such other fees as may be from time to time prescribed by the Governor in Council; and such fees shall be paid into the Public Account and form part of the Consolidated Fund.

The exhibition at any colonial, intercolonial, or international exhibition held at any place in or out of New Zealand, and declared by the Governor, by notification in the Gazette, to be an “industrial exhibition” for the purposes of this Act, or the exhibition elsewhere during the period of the holding of the exhibition, without the privity or consent of the proprietor, of a design, or of any article to which a design is applied, or the publication during the holding of any such exhibition of a description of a design, shall not prevent the design from being registered, or invalidate the registration thereof, subject as follows, namely:—

During the existence of copyright in any design it shall not be lawful for any person,—

Every person who acts in breach of this section is liable for every offence to forfeit a sum not exceeding fifty pounds to the registered proprietor of the design, who may recover such sum in a summary way as a simple contract debt by action in any Court of competent jurisdiction:

Provided that the total sum forfeited in respect of any one design shall not exceed one hundred pounds.

Notwithstanding the remedy given by this Act for the recovery of such penalty as aforesaid, the registered proprietor of any design may, if he elects to do so, bring an action for the recovery of any damages arising from the application of any such design, or of any fraudulent or obvious imitation thereof for the purpose of sale, to any article of manufacture or substance, or from the publication, sale, or exposure for sale by any person of any article or substance to which such design or any fraudulent or obvious imitation thereof is so applied, such person knowing that the proprietor had not given his consent to such application.

The author of any new or original design shall be considered the proprietor thereof, unless he executed the work on behalf of another person for a good or valuable consideration, in which case such person shall be considered the proprietor; and every person acquiring for a good or valuable consideration a new and original design, or the right to apply the same to any such article or substance as aforesaid, either exclusively of any other person or otherwise, and also every person on whom the property in such design or such right to the application thereof devolves, shall be considered the proprietor of the design in the respect in which the same may have been so acquired, and to that extent, but not otherwise.

The Registrar may, on application by or on behalf of any person claiming to be the proprietor of a trade-mark, register the trademark.

The application shall be in the form numbered (7) in the Second Schedule hereto, or in such other form as is from time to time prescribed, and shall be left at or sent by post to the Patent Office.

The application shall be accompanied by not less than four representations of the trade-mark, or such other number as is from time to time prescribed, and shall state the particular goods or classes of goods in connection with which the applicant desires the trade-mark to be registered.

The Registrar may, if he thinks fit, refuse to register a trademark, but such refusal shall be subject to appeal to the Court, which may hear the applicant and the Registrar, and may make an order determining whether, and subject to what conditions (if any), registration is to be permitted.

Where an applicant for the registration of a trade-mark is out of New Zealand at the time of making the application, he shall give the Registrar an address for service in New Zealand, and if he fails to do so the application shall not be proceeded with until the address is given.

Where registration of a trade-mark 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 of the non-completion to the agent employed on behalf of the applicant; and, if at the expiration of fourteen days from that notice the registration is not completed, shall give the like notice to the applicant; and, if at the expiration of the latter fourteen days, or such further time as the Registrar may in special cases permit, the registration is not completed, the application shall be deemed to be abandoned.

For the purposes of this Act a trade-mark shall consist of or contain at least one of the following essential particulars:—

There may be added to any one or more of the essential particulars mentioned in this section any letters, words, or figures, or combination of letters, words, or figures, or of any of them; but the applicant for registration of any such additional matter shall state in his application the essential particulars of the trade-mark, and shall disclaim in his application any right to the exclusive use of the added matter; and a copy of the statement and disclaimer shall be added on the register.

A person need not under this section disclaim his own name or the foreign equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof.

Any special and distinctive word or words, letter, figure, or combination of letters or figures or of letters and figures, used as a trademark before the first day of January, one thousand eight hundred and ninety (being the date of the coming into operation of “The Patents, Designs, and Trade-marks Act, 1889”), may be registered as a trademark under this Part of this Act.

A trade-mark shall be registered for particular goods or classes of goods.

A trade-mark for artificial manures manufactured in New Zealand shall not be registered unless accompanied by a chemical analysis setting forth the component parts of the substance of such manure.

Every such analysis shall be in writing made by a competent analytical chemist, and signed by him, stating after his signature his qualifications as such chemist, and his signature thereto shall be attested by at least one witness.

A copy of such analysis shall, before sale or exportation, be indorsed on or affixed to every bag, box, or other parcel of the manure to which such trade-mark is attached, and shall be deemed to form part of such trade-mark.

Where a person claiming to be the proprietor of several trade-marks which, while resembling each other in the material particulars thereof, yet differ in respect of—

seeks to register such trade-marks, they may be registered as a series in one registration.

A series of trade-marks shall be assignable and transmissible only as a whole, but for all other purposes each of the trade-marks composing a series shall be deemed and treated as registered separately.

A trade-mark may be registered in any colour or colours, and such registration shall, subject to the provisions of this Act, confer on the registered owner the exclusive right to use the same in that or any other colour or colours.

Every application for registration of a trade-mark shall, as soon as may be after its receipt, be advertised by the Registrar in the Gazette, unless the Registrar refuses to entertain the application.

Within two months, or such further time as the Registrar allows, of the advertisement of the application, any person may give notice in duplicate at the Patent Office of opposition to the registration of the trade-mark, and the Registrar shall send one copy of such notice to the applicant.

Within two months after receipt of such notice, or such further time as the Registrar allows, the applicant may send to the Registrar a counter-statement in duplicate of the grounds on which he relies for his application, and if he does not do so shall be deemed to have abandoned his application.

If the applicant sends such counter-statement, the Registrar shall furnish a copy thereof to the person who gave notice of opposition, and shall, after hearing the applicant and the opponent if so required, decide whether the trade-mark is to be registered; but his decision shall be subject to appeal to the Court, who shall hear the appeal, and after hearing the applicant and the opponent, and the Registrar, may make an order determining whether, and subject to what conditions (if any), registration is to be permitted.

If the applicant abandons his application after notice of opposition in pursuance of this section, he shall be liable to pay to the opponent such costs in respect of the opposition as the Registrar determines to be reasonable.

Where the opponent is out of New Zealand, he shall give the Registrar an address for service in New Zealand.

A trade-mark when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in the particular goods or classes of goods for which it is registered, and shall be determinable with that goodwill.

Where each of several persons claims to be registered as proprietor of the same trade-mark, the Registrar may refuse to register any of them until their rights have been determined according to law, and the Registrar may himself submit or require the claimants to submit their rights to the Court.

Except where the Court has decided that two or more persons are entitled to be registered as proprietors of the same trademark, the Registrar shall not register in respect of the same goods or description of goods a trade-mark identical with one already on the register with respect to such goods or description of goods.

Except as aforesaid, the Registrar shall not register with respect to the same goods or description of goods a trademark having such resemblance to a trade-mark already on the register with respect to such goods or description of goods as to be calculated to deceive.

It shall not be lawful to register as part of or in combination with a trade-mark any words the use of which would, by reason of their being calculated to deceive or otherwise, be deemed disentitled to protection in a Court of justice, or any scandalous design.

Nothing in this Act shall prevent the Registrar entering on the register in the prescribed manner, and subject to the prescribed conditions, as an addition to any trade-mark,—

The applicant for registration of any such addition shall state in his application the essential particulars of the trade-mark, and shall disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register.

But a person need not under this section disclaim his name or the foreign equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof.

Any device, mark, brand, heading, label, ticket, letter, word, figure, or combination of letters, words, or figures which were before the date aforesaid publicly used by more than three persons on the same or a similar description of goods shall, for the purposes of this section, be deemed common to the trade in such goods.

Application for registration of a trade-mark shall be deemed to be equivalent to public use of the trade-mark.

The registration of a person as proprietor of a trade-mark shall be prima facie evidence of his right to the exclusive use of the trade-mark, and shall, after the expiration of five years from the date of the registration, be conclusive evidence of his right to the exclusive use of the trade-mark, subject to the provisions of this Act.

A person shall not be entitled to institute any proceeding to prevent or to recover damages for the infringement of a trade-mark unless, in the case of a trade-mark capable of being registered under this Act, it has been registered in pursuance of this Act or of some repealed Act formerly in force for like purposes, or, in the case of any other trade-mark in use before the coming into operation of this Act, registration thereof under this Part of this Act or of such repealed Act has been refused.

The Registrar may on request, and on payment of the prescribed fee, grant a certificate that such registration has been refused.

In an action for infringement of a registered trade-mark the Court or a Judge thereof may certify that the right to the exclusive use of the trade-mark came in question, and if such certificate is given, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judgment in his favour, shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or Judge certifies that he ought not to have the same.

There shall be kept at the Patent Office a book called the Register of Trade-marks, wherein shall be entered the names and addresses of proprietors of registered trade-marks, notifications of assignments and of transmissions of trade-marks, and such other matters as are from time to time prescribed.

The Registrar shall grant a certificate of registration to the applicant for the registration of a trade-mark, when registered, without further fee than the registration fee.

A copy or duplicate of any such certificate may be issued by the Registrar from time to time to any person applying for the same on payment of the prescribed fee.

At a time not less than two months nor more than three months before the expiration of fourteen years from the date of the registration of a trade-mark the Registrar shall send notice to the registered proprietor that the trade-mark will be removed from the register unless the proprietor pays to the Registrar before the expiration of such fourteen years (naming the date at which the same will expire) the prescribed fee; and if such fee is not previously paid he shall, at the expiration of one month from the date of the giving of the first notice, send a second notice to the same effect.

If such fee is not paid before the expiration of such fourteen years, the Registrar may, after the end of three months from the expiration of such fourteen years, remove the mark from the register, and so from time to time at the expiration of every period of fourteen years.

If before the expiration of the said three months the registered proprietor pays the said fee together with the additional prescribed fee, the Registrar may, without removing such trade-mark from the register, accept the said fee as if it had been paid before the expiration of the said fourteen years.

Where after the said three months a trade-mark is removed from the register for non-payment of the prescribed fee, the Registrar may, if satisfied that it is just so to do, restore such trade-mark to the register on payment of the prescribed additional fee.

Where a trade-mark is removed from the register for nonpayment of the fee or otherwise, such trade-mark shall nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be a trade-mark already registered, unless it is shown to the satisfaction of the Registrar that the non-payment of the fee arises from the death or bankruptcy of the registered proprietor, or from his having ceased to carry on business, and no person claiming under that proprietor or under his bankruptcy is using the trade-mark.

There, shall be paid in respect of registration and renewals of trade-marks and other matters under this Part of this Act the fees mentioned in Part III of the Third Schedule hereto, or such other fees as are from time to time prescribed by the Governor in Council; and such fees shall be paid into the Public Account and form part of the Consolidated Fund.

Subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, every person is guilty of an offence against this Part of this Act who—

Every person is guilty of an offence against this Part of this Act who sells, or exposes or has in his possession for sale, or any purpose of trade or manufacture, any goods or things to which any forged trade-mark or false trade description is applied, or to which any trade-mark or mark so nearly resembling a trade-mark as to be calculated to deceive is falsely applied, as the case may be, unless he proves—

Every person guilty of an offence against this Part of this Act is liable,—

The Court before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the Courts thinks fit; and, if sold, the proceeds of the sale shall be applied in the like manner as if the proceeds were a fine incurred under this Act.

If any person feels aggrieved by any conviction made by a Court of summary jurisdiction, he may appeal therefrom in the manner provided in cases of appeals from Justices.

Any person charged with an offence under this section before a Court of summary jurisdiction shall, on appearing before the Court and before the charge is gone into, be informed of his right to be tried on indictment, and, if he requires, be so tried accordingly.

For the purposes of this Tart of this Act—

The use of any figure, word, or mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act.

The provisions of this Act relating to the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether including a trade-mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are.

The provisions of this Act relating to the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description; and for the purpose of this enactment the expression “false name or initials” means, as applied to any goods, any name or initials of a person which—

A person shall be deemed to forge a trade-mark who,—

and any trade-mark or mark so made or falsified is in this Act referred to as a forged trade-mark.

In any prosecution for forging a trade-mark the burden of proving the assent of the proprietor shall lie on the defendant.

A person shall be deemed to apply a trade-mark, or mark, or trade description to goods who—

“Covering” includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper; and “label” includes any band or ticket.

A trade-mark, or mark, or trade description shall be deemed to be applied whether it is woven, impressed, of otherwise worked into, or annexed or affixed to the goods, or to any covering, label, reel, or other thing.

A person shall be deemed to falsely apply to goods a trade-mark or mark who without the assent of the proprietor of a trade-mark applies such trade-mark, or a mark so nearly resembling it as to be calculated to deceive; and in any prosecution for falsely applying a trade-mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.

Where a defendant is charged with making any die, block, machine, or other instrument for the purpose of forging or being used for forging a trade-mark, or with falsely applying to goods any trade-mark, or any mark so nearly resembling a trade-mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves—

he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence.

Where a watch-case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Act, and the provisions of this Act with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for or having in possession for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly, and for the purposes of this section the expression “watch” means all that portion of a watch which is not the watch-case.

In any indictment, pleading, proceeding, or document in which any trade-mark or forged trade-mark is intended to be mentioned it shall be sufficient, without further description and without any copy or fac-simile, to state that trade-mark or forged trade-mark to be a trade-mark or forged trade-mark.

In any prosecution for an offence against this Part of this Act—

Every person who being in New Zealand procures, counsels, aids, abets, or is accessory to the commission out of New Zealand of any act which, if committed in New Zealand, would under this Act be an offence punishable on indictment shall be guilty of that offence as a principal, and be liable to be indicted, proceeded against, tried, and convicted in any place in New Zealand in which he may be as if the offence had been committed there.

Where, on information of an offence against this Part of this Act, a Justice has issued either a summons requiring the defendant charged by such information to appear to answer the same or a warrant for the arrest of such defendant, and either the said Justice on or after issuing the summons or warrant, or any other Justice, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence was committed arc in any house or premises of the defendant, or other-wise in his possession or under his control in any place, such Justice may issue a warrant under his hand.

Any constable named or referred to in the warrant may enter such house, premises, or place at any reasonable time by day, and search there for and seize and take away those goods or things.

Any goods or things seized under any such warrant shall be brought before a Court of summary jurisdiction for the purpose of its being determined whether the same are or are not liable to forfeiture under this Act.

If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Act is unknown or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Court of summary jurisdiction may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the said Court, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.

Any goods or things forfeited under this section, or under any other provision of this Part of this Act, may be destroyed or otherwise disposed of in such manner as the forfeiting Court directs, and the said Court may, out of any proceeds realised by the disposition of such goods (all trade-marks and trade descriptions being first obliterated), award to any innocent party any loss he may have innocently sustained in dealing with such goods.

On any prosecution under this Part of this Act the Court may order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.

No prosecution for an offence against this Part of this Act shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever first happens.

On the sale or in the contract for the sale of any goods to which a trade-mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade-mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Act, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the purchaser.

Where on the coming into operation of “The Patents, Designs, and Trade-marks Act, 1889,” a trade description was lawfully and generally applied to goods of a particular class or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Act with respect to false trade descriptions shall not apply to such trade description when so applied.

But where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods were not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country (or, if a colony or other British or foreign possession, the name of the particular possession) in which the goods and the material or substance thereof were actually made or produced, with a statement that they were made or produced there.

All goods which if sold would be liable to forfeiture under this Part of this Act, and also all goods of foreign manufacture bearing any name or trade-mark being or purporting to be the name or trade-mark of any manufacturer, dealer, or trader in the United Kingdom, or New Zealand, or any other British possession, unless such name or trade-mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into New Zealand, and shall be deemed to be included among goods prohibited to be imported under section ninety-one of “The Customs Law Act, 1908”, subject to the following provisions, that is to say:—

This section shall have effect as if it were part of “The Customs Law Act, 1908.”

This Act shall not exempt any person from any action, suit, or other proceeding which might, but for the provisions of this Act, be brought against him.

Nothing in this Act shall entitle any person to refuse to make a complete discovery or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Act.

Nothing in this Act shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in New Zealand who bona fide acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master.

If His Majesty is pleased by Order in Council to apply the provisions of section ninety-one of the ^Imperial Act called “The Patents and Designs Act, 1907,” to New Zealand, then any person who has applied for any protection for any invention, design, or trade-mark in England, or in any foreign State with the Government of which His Majesty has made an arrangement under the said section for mutual protection of inventions, designs, or trade-marks, or any of them, shall be entitled to a patent for his invention, or to registration of his design or trade-mark, as the case may be, under this Act in priority to other applicants; and such patent or registration shall take effect from the same date as the date of the application in England or such foreign State, as the case may be:

Provided that his application is made, in the case of a patent, within twelve months, and, in the case of a design or trade-mark, within six months, from his applying for protection in England or the foreign State with which the arrangement is in force.

Nothing in this section shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the date of the actual acceptance of his specification or the actual registration of his design or trade-mark in New Zealand, as the case may be.

The publication in New Zealand during the respective periods aforesaid of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein during such periods of the trade-mark, shall not invalidate the patent which may be granted for the invention or the registration of the design or trade-mark.

The application for the grant of a patent, or the registration of a design, or the registration of a trade-mark under this section shall be made in the same manner as an ordinary application under this Act; but, in the case of trade-marks, any trade-mark the registration of which has been duly applied for in the country of origin may be registered under this Act.

The provisions of this section shall, in the case of foreign States, apply only in the case of those foreign States with respect to which His Majesty from time to time by Order in Council declares the aforesaid provisions of the said Imperial Act to be applicable, and so long only in the case of each State as the Order in Council continues in force with respect to that State.

Every Order in Council heretofore made by His Majesty for the purposes aforesaid, and in force on the coming into operation of this Act, shall apply to this Act.

Where it appears to the Governor in Council that the Legislature of any British possession other than New Zealand has made satisfactory provision for the protection, of inventions, designs, and trade-marks, or any of them, patented or registered in New Zealand, the Governor may from time to time by Order in Council apply all or any of the provisions of the last preceding section relating to the protection of inventions, designs, and trade-marks patented or registered in England, with such variations or additions (if any) as he sees fit, to inventions, designs, and trade-marks, or any of them, patented or registered in such British possession.

An Order in Council under this section shall, from a date to be mentioned for the purpose in the Order, and whilst the Order continues in force, take effect as if its provisions were contained in this Act; but the Governor in Council may revoke any such Order in Council.

There shall be a seal for the Patent Office, and impressions thereof shall be judicially noticed and admitted in evidence.

There shall not be entered in any register kept under this Act, or be receivable by the Registrar, any notice of any trust, expressed implied, or constructive.

The Registrar may refuse to receive an application for or to grant a patent for an invention, or to register a design or trade-mark, of which the use would in his opinion be contrary to law or morality, or if he knows that the alleged invention, design, or trade-mark is not new; and on such refusal any provisional protection which may have been given or obtained shall cease.

Where a person becomes entitled by assignment, transmission, or other operation of law to a patent, or to the copyright in a registered design, or to a registered trade-mark, the Registrar shall, on request, and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the patent, copyright in the design, or trade-mark, in the Register of Patents, Designs, or Trade-marks, as the case may be.

The person for the time being entered in the Register of Patents, Designs, or Trade-marks as proprietor of a patent, copyright in a design, or trade-mark, as the case may be, shall, subject to the provisions of this Act and to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with the same, and to give effectual receipts for any consideration for such assignment, license, or dealing.

But any equities in respect of such patent, design, or trade-mark may be enforced in like manner as in respect of any other personal property.

Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act and to such regulations as may be prescribed; and certified copies, scaled with the seal of the Patent Office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.

Printed or written copies or extracts, purporting to be certified by the Registrar and sealed with the seal of the Patent Office, of or from patents, specifications, disclaimers, and other documents in the Patent Office, and of or from registers and other books kept there, shall be admitted in evidence in all Courts of justice, and before all Justices, Commissioners, and other persons acting in any judicial or administrative capacity, and in all proceedings, without further proof or production of the originals.

A certificate purporting to be under the hand of the Registrar as to an entry, matter, or thing which he is authorised by this Act, or any general rules made thereunder, to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.

Every appeal from any action or decision of the Registrar shall be heard and determined by the Court sitting at Wellington.

Notice of every appeal from any action or decision of the Registrar shall be given in writing to such Registrar or sent so as to reach him within seven days of the time when the same was taken or given.

On the application of any person aggrieved by the omission, without sufficient cause, of the name of any person or of any other particulars from any register kept under this Act, or by any entry made, without sufficient cause, in any such register, the Court may make such order for making, expunging, or varying the entry as it thinks fit; or it may refuse the application.

On the petition of any person by way of appeal from any decision of the Registrar, where such appeal is granted under any provisions of this Act, the Court may hear the matter of such petition, and may confirm, vary, or revoke any decision of the Registrar, or make such other order in the matter as it sees fit.

In any proceeding under this section the Court may decide any question that is necessary or expedient to be decided for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved.

Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Registrar, and on production to him of any such order the Registrar shall rectify the register in accordance with the said order.

Any three or more of the Judges of the Supreme Court, of whom the Chief Justice shall be one, may from time to time make rules of procedure and practice for regulating proceedings in Court on applications and petitions under this Act, and subject thereto such proceedings shall be regulated according to the existing procedure and practice of the Court in like matters.

All such rules shall be subject to the approval of the Governor in Council.

The costs of all parties of and incident to such proceedings shall be in the discretion of the Court, and the orders of the Court respecting costs shall be enforceable in the same manner as other orders of the Court.

The Registrar may, on request in writing accompanied by the prescribed fee,—

The registered proprietor of any registered trade-mark may apply to the Court for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Act, and the Court may grant or refuse leave on such terms as it thinks fit.

Notice of any intended application to the Court under this section shall be given to the Registrar by the applicant, and the Registrar shall be entitled to be heard on the application.

If the Court grants leave the Registrar shall, on proof thereof and on payment of the prescribed fee, cause the register to be altered in conformity with the order granting leave.

Every person who makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry, or writing to be false, is guilty of an offence punishable on indictment by imprisonment with or without hard labour for any term not exceeding two years, or a fine not exceeding fifty pounds.

Where any discretionary power is by this Act given to the Registrar he shall not exercise that power adversely to the applicant for a patent, or for amendment of a specification, or for registration of a trade-mark or design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent.

The Registrar at any time, for the purposes of this Act,—

Every order of the Registrar under paragraph (d) hereof shall be in the form numbered (8) in the Second Schedule hereto or to the like effect, and may be made a rule of Court.

Any application, notice, or other document authorised or required to be left, made, or given at the Patent Office, or to the Registrar, or to any other person under this Act, may be sent by a prepaid letter through the post; and, if so sent, shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.

In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

Where the last day fixed by this Act, or by any rule for the time being in force, for leaving any document or paying any fee at the Patent Office falls on Christmas Day, Good Friday, or on a Saturday or Sunday, or bank holiday, or any day observed as a day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, or days if two or more of them occur consecutively.

If any person, by reason of minority, lunacy, or other inability is incapable of making any declaration or doing anything required or permitted by this Act or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or, if there is none, any person appointed by any Court or Judge possessing jurisdiction in respect of the property of incapable persons, on the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person; and all acts done by such substitute shall, for the purposes of this Act, be as effectual as if done by the person for whom he is substituted.

A person shall not be entitled to describe himself as a patent agent, whether by advertisement, by description on his place of business, by any document issued by him, or otherwise, unless he is registered as a patent agent under this Act.

Every person who knowingly describes himself as a patent agent in breach of this section is liable to a fine not exceeding twenty pounds.

In this section “patent agent” means exclusively an agent for obtaining patents in New Zealand.

The Governor may from time to time, by Order in Council gazetted, make such general regulations and do such things as he thinks expedient, subject to the provisions of this Act, for—

Any of the forms in the Second Schedule hereto maybe altered or amended by regulations made as aforesaid.

All regulations made under this section shall, subject as hereinafter mentioned, be of the same effect as if they were contained in this Act, and shall be judicially noticed.

Any regulations made under this section shall forthwith be laid before Parliament if sitting, and if not, then as soon as practicable after the beginning of the then next ensuing session.

If either House of Parliament, within the next forty days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall, after the date of such resolution, be of no effect, without prejudice to the validity of anything done in the meantime under such regulations, or to the making of any new regulations.

The Registrar shall in every year cause a report respecting the execution by or under him of this Act to be laid before Parliament, and therein shall include for the year to which each report relates all general regulations made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act.

The provisions of “The Stamp Duties Act, 1908,” shall not apply in respect of documents deposited at the Patent Office.

Any person who represents that any article sold by him is a patented article when no patent has been granted for the same in New Zealand, or describes any design or trade-mark applied to any article sold by him as registered which is not so, is liable for every offence, on summary conviction, to a fine not exceeding fifty pounds.

A person shall be deemed, for the purposes of this section, to represent that an article is patented, or a design or a trade-mark is registered, if he sells the article with the word “patent,” “patented,” “registered,” or any word or words or letters expressing or implying that a patent or registration has been obtained for the article stamped, engraved, or impressed on or otherwise applied to the article.

Any person who falsely represents that any goods are made by a person holding a Royal warrant, or for the service of His Majesty, or any of the Royal Family, or the Governor of New Zealand, or any Department of His Majesty’s service in the United Kingdom or New Zealand, is liable on summary conviction to a fine not exceeding twenty pounds.

Subject to the provisions of this Act relating to offences punishable on indictment, any fine under this Act may be recovered in a summary way before any two or more Justices, or a Magistrate, under “The Justices of the Peace Act, 1908.”

Any information in respect of any matter arising under this Act may be laid within six months from the time when such matters came to the knowledge of the informant.

Nothing in this Act shall take away, abridge, or prejudicially affect the prerogative of the Crown in relation to the granting of any letters patent, or to the withholding of a grant thereof.