award to any innocent party any loss he may have innocently sustained in dealing with such goods.

100. 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.

101. 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 expiration first happens.

The provisions contained in Section 11 of "The Magistrates Summary Procedure Act" shall not apply to any proceedings under this Act.

102. 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 sigued by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.

103. Where, at the commencement of this Act, a trade description is 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 are 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 the name of the particular Colony, 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.

104. Whereas it is expedient to make further provision for prohibiting the importation of goods which if sold would be liable to forfeiture under this part of this Act:

Be it therefore enacted as follows:

(i.) All such goods, and also all goods manufactured outside

Tasmania bearing any name or trade-mark being or purporting to be the name or trade-mark of any manufacturer, dealer, or trader in Tasmania, 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 this Colony, and, subject to the provisions of this section, shall be included among goods prohibited to be imported as if they were specified in section 23 of "The Customs Act."

(ii.) Where there is on any goods a name which is identical with, or colourable imitation of, the name of a place in Tasmania, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in Tasmania.

(iii.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under "The Customs Act," the Treasurer of the Colony may require the Regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself, in accordance with those Regulations, that the goods are such as are prohibited by this section to be imported.

(iv.) The Governor in Council may from time to time make, revoke, and vary Regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such Regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence.

(v.) Such Regulations may apply to all goods the importation of which is prohibited by this section, or different Regulations may be made respecting different classes of such goods or of offences in relation to such goods.

(vi.) The Regulations may provide for the informaut reimbursing the said Treasurer all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention.

(vii.) All Regulations under this section shall be published in the "Gazette."

(viii.) This section shall have effect as if it were part of "The Customs Act."

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

(2.) Nothing in this Part of 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.

(3.) Nothing in this Part of this Act shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony 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.

PART V.-INTERNATIONAL AND INTERCOLONIAL ARRANGEMENTS.

106.-(1.) If Her Majesty is pleased, by Order in Council, to apply the provisions of Section 103 of the Imperial Act called "The Patents, Designs, and Trade Marks Act, 1883,"* to the Colony of Tasmania, 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 Her 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 trademark, 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 contained 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 specifications, or the actual registration of his design or trademark in this Colony, as the case may be.

(2.) The publication in Tasmania, 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.

(3.) The application for the grant of a patent for the registration of a design, or the registration of a trade-mark under this section, must be made in the same manner as an ordinary applica

* Vol. LXXIV, page 211.

tion 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.

(4.) 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 Her Majesty shall from time to time, by Order in Council, declare the provisions of the aforesaid section of the said Imperial Act to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State.

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

(2.) An Order made by the Governor in Council under this section shall, from a date to be mentioned for the purpose in the Order, take effect as if its provisions had been contained in this Act; but the Governor in Council may at any time revoke any such Order.

PART VI.-GENERAL.

Proceedings at Patent Office.

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

109. 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.

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

111. 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 licences as to, or otherwise deal with, the same, and to give effectual receipts for any consideration. for such assignment, licence, 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.

112. 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, sealed 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.

113. 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.

114. 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.

115.-(1.) A Judge,

(i.) 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, may make such Order for making, expunging, or varying the entry as the Judge thinks fit; or the Judge may refuse the application; or

(i.) 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, 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 may seem fit.

(2.) The Judge may, in any proceeding under this section, decide