Court at the hearing that at the time of lodging the request he was the owner of the copyright in the book or artistic work, or was the agent of such owner appointed in writing, and had reasonable ground to believe that pirated reproductions of the book or work were being unlawfully sold, or let for hire, or exposed, or offered, or kept for sale or hire, or distributed, or exhibited in public, in the town or district in which the police station is situated. 49. Where proceedings for any penalty under this Ordinance are instituted by the owner of the copyright in any book or in any artistic work or by the owner of the artistic work, the penalty shall be paid to him by way of compensation for the injury he has sustained. 50. Whoever aids, abets, counsels, or procures, or by act or omission is in any way, directly or indirectly, knowingly concerned in the commission of any offence against this Ordinance, shall be deemed to have committed that offence, and shall be punishable accordingly. 51. Proceedings may be instituted in any police court for the recovery of any penalty under this Ordinance, but no such proceedings shall be instituted after the expiration of six months from the date of the offence in respect of which the penalty is imposed. 52. An appeal shall lie to the Supreme Court from any conviction or order (including any dismissal of any information, complaint, or application) of a police court, exercising jurisdiction with respect to any offence or matter under this Ordinance, to the Court and in the manner and time provided by Chapter XXX of "The Criminal Procedure Code, 1898." 53. (1.) The following goods are prohibited to be imported : (a.) All pirated books in which copyright is subsisting in Ceylon; and (b.) All pirated artistic works in which copyright is subsisting in Ceylon. (2.) All pirated books and pirated artistic works imported into Ceylon contrary to this section shall be forfeited and may be seized by any officer of Customs. (3.) Subject to this Ordinance, the provisions of the Ordinance No. 17 of 1869 shall apply to the seizure and forfeiture of pirated books and artistic works under this section to the same extent as if they were prohibited imports under that Ordinance. (4.) The provisions of this section shall not apply to any book or artistic work unless the owner of the copyright therein or his agent has given written notice to the Colonial Secretary of the existence of the copyright and of his term. PART VI.—Registration of Copyrights. 54. The following registers of copyrights shall be kept by the Registrar at the copyright office : The Register of Literary Copyrights. 55. The owner of any copyright or lecturing right under this Ordinance may obtain registration of his right in the manner prescribed. 56. When any person become entitled to any copyright or lecturing right under this Ordinance by virtue of any assignment or transmission, or to any interest therein by licence, he may obtain registration of the assignment, transmission, or licence in the manner prescribed. 57. The registration of any copyright or lecturing right under this Ordinance, or of any assignment or transmission thereof or of any interest therein by licence, shall be effected by entering in the proper register the prescribed particulars relating to the right, assignment, transmission, or licence. 58.-(1.) No notice of any trust, expressed, implied, or constructive, shall be entered in any register of copyrights under this Ordinance or be receivable by the Registrar. (2.) Subject to this section, equities in respect of any copyright or lecturing right under this Ordinance may be enforced in the same manner as equities in respect of other property. 59. Every register of copyrights under this Ordinance shall be prima facie evidence of the particulars entered therein, and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the copyrights office shall be admissible in evidence in all Courts without further proof or production of the originals. 60. Certified copies of entries in any register under this Ordinance or of extracts therefrom shall, on payment of the prescribed fee, be given to any person applying for them. 61. Each register under this Ordinance shall be open to public inspection at all convenient times on payment of the prescribed fee. 62. The Registrar may, in prescribed cases and subject to the prescribed conditions, amend or alter any register under this Ordinance by— (a.) Correcting any error in any name, address, or particular; and (b.) Entering any prescribed memorandum or particular relating to copyright or other right under this Ordinance. 63.-(1.) Subject to this Ordinance, the District Court of Colombo may, on the application of the Registrar or of any person aggrieved, order the rectification of any register under this Ordinance by (a.) The making of any entry wrongly omitted to be made in the register; or (b.) The expunging of any entry wrongly made in or remaining on the register; or (c.) The correction of any error or defect in the register (2.) An appeal shall lie to the Supreme Court from any order for the rectification of any register made by the District Court under this section. 64.-(1.) The owner of any copyright under this Ordinance or of any interest therein by the licence shall not be entitled to bring any action or suit or institute any proceedings for any infringement of the copyright, unless such right or interest has been registered in pursuance of this Ordinance. (2.) When such right or interest has been registered the owner thereof may, subject to this Ordinance, bring actions or suits or institute proceedings for infringements of the copyright, whether those infringements happened before or after the registration. (3.) This section shall not affect the right of the owner of the lecturing right in a lecture to bring actions or suits or institute proceedings for infringements of his lecturing right. 65.-(1.) Every person applying for the registration of the copyright in any book to which the provisions of Ordinance No. 1 of 1885 are applicable shall produce to the Registrar the receipt given by the appointed officer under section 3 of the said Ordinance for the copies of the book delivered in accordance with the requirements of the said Ordinance. (2.) Every person applying for the registration of the copyright in any work of art shall deliver to the Registrar one copy of the work of art or a photograph of it. (3.) The Registrar shall refuse to register the copyright in any book or work of art until subsections (1) and (2) of this section have been complied with. 66. Any person who shall wilfully make any false statement or representation to deceive the Registrar or any officer in the execution of this Ordinance, or to procure or influence the doing or omission of anything in relation to this Ordinance or any matter thereunder, shall be guilty of an offence, and liable to two years' imprisonment of either description. PART VII.- Miscellaneous. 67. If the Governor is satified that the owner of the copyright in any book or of the lecturing right in any lecture has refused, after the death of the author, to republish or allow republication of the book, or the publication as a book of the lecture, and that by reason thereof the book or lecture is withheld from the public, he may grant any person applying for it a licence to republish the book or to publish the lecture as a book in such manner and subject to such conditions as to the Governor seem fit. 68. In any action or proceeding taken in any Court under this Ordinance the Court shall have power to award costs at its discretion. 69. The Governor, with the advice of the Executive Council, may from time to time make, and when made revoke, amend, alter, or vary such Regulations not inconsistent with this Ordinance, prescribing all matters which by this Ordinance are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to this Ordinance or for the conduct of any business relating to the copyrights office. October 20, 1908. ORDINANCE of the Government of Ceylon to amend in certain particulars" The Trade-marks Ordinance, 1888."* [No. 15.] [October 20, 1908.] WHEREAS it is expedient to amend the law relating to the registration of trade-marks in Ceylon: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows:— 1. This Ordinance may be cited as "The Trade-marks (Amendment) Ordinance, 1908," and shall be read and construed as one with "The Trade-marks Ordinance, 1888"* (hereinafter referred to as 66 the Principal Ordinance"), and this Ordinance, the Principal Ordinance, the Ordinance No. 4 of 1890, and "The Trade-marks (Amendment) Ordinance, 1904," may be cited together as "The Trade-marks Ordinances, 1888 to 1908." 2. This Ordinance shall come into force on such date as the Governor shall, by Proclamation in the "Government Gazette," appoint. 3. The following subsection shall be inserted in section 2 of the Principal Ordinance, as amended by section 1 of Ordinance No. 4 of 1890, and shall be numbered (4): (4.) Provided that (a.) In respect of cotton piece-goods and cotton yarn no mark consisting of a word or words alone (whether invented or otherwise) shall be registered, and no word or words shall be deemed to be distinctive in respect of such goods. (b.) In respect of cotton piece-goods no mark consisting of a line heading alone shall be registered, and no line heading shall be deemed to be distinctive in respect of such goods. (c.) No registration of a cotton mark, that is to say, a trademark in respect of cotton goods constituting classes 23, 24, and 25 in Schedule 3 of the Rules made under section 40 (1) of the Principal Ordinance, as amended by Ordinances Nos. 4 of 1890, 6 of 1904, and 9 of 1906, dated the 1st June, 1906, and published in the "Government Gazette" of the 1st June, 1906 shall give any exclusive right to the use of any word, letter numeral, line heading, or any combination thereof. October 20, 1908. * Vol. LXXXV, page 148. ORDINANCE of the Government of Ceylon to repeal so much of "The Sugar Convention Ordinance, 1903,"* as enables the Importation into Ceylon of Sugar from certain Foreign Countries to be prohibited or admitted subject to a Special Duty. [No. 29.] [December 10, 1908.] WHEREAS it is expedient to repeal so much of "The Sugar Convention Ordinance, 1903," hereinafter referred to as "the Principal Ordinance," as enables the importation of sugar into Ceylon from foreign countries in which any direct or indirect bounty is granted on the production or export of sugars to be prohibited or admitted subject to a special duty: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as 'The Sugar Conventions (Amendment) Ordinance, 1908." 2. Section 2 of the Principal Ordinance is hereby repealed, and the said Ordinance shall, with regard to the numbering of the sections thereof, be read and construed as if section 2 had not been included in the said Ordinance. 3. The word "also" in line 1 of subsection (1) of section 3 of the Principal Ordinance is hereby repealed. December 10, 1908. LAW of the Government of Cyprus to provide for Taking Evidence in Cyprus in relation to Civil, Commercial, and Criminal Matters pending before Tribunals other than those of Cyprus. [No. 7.] C. A. KING-HARMAN. [June 3, 1908.] 1. THIS Law may be cited as "The Foreign Tribunal Evidence Law, 1908." 2. In and for the purposes of this Law (unless the context otherwise requires)— "The Court" shall mean the Supreme Court of Cyprus and any Judge of such Court. 66 Foreign" shall mean and include any country other than Cyprus. 3. Where upon an application for this purpose it is made to appear to the Court by Commission Rogatoire or Letter of Request or other evidence as hereinafter provided that any *Vol. XCVII, page 663. |