1.-(1.) His Majesty may, by Order in Council, for the purpose of giving effect to any convention for facilitating the international circulation of motor cars, provide

(a.) For the grant and authentication of any travelling passes, certificates, or authorities which may be of use to persons resident in the United Kingdom when temporarily taking their motor cars abroad, or to drivers when proceeding abroad for the purpose of driving motor cars; and

(b.) For modifying the provisions of "The Motor Car Act, 1903, relating to the registration of motor cars and the licensing of motor-car drivers in the case of motor cars brought temporarily into the United Kingdom by persons resident abroad, and intending to make only a temporary stay in the United Kingdom, and of drivers entering the United Kingdom for the purpose of driving any such cars.

(2.) Any modifications of "The Motor Car Act, 1903," made by an Order in Council under this section shall have effect as if they were contained in that Act.

(3.) Any Order in Council under this Act may be varied or revoked by any subsequent Order in Council under this Act.

2. This Act may be cited as "The Motor Car (International Circulation) Act, 1909."

BRITISH ORDER IN COUNCIL amending the Order of 1906 regarding the Exercise of Jurisdiction in the Southern Nigeria Protectorate.-London, February 15, 1909.

At the Court at Buckingham Palace, the 15th day of February, 1909.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by "The Foreign Jurisdiction Act, 1890," † passed in the reign of Her late Majesty Queen Victoria, it was amongst other things enacted that it should be lawful for Her Majesty to hold, exercise, and enjoy any jurisdiction which Her Majesty then had or might at any time thereafter have within a foreign country in the same and as ample a manner as if Her Majesty had acquired that jurisdiction by the cession or conquest of territory;

And whereas by an Order of His Majesty in Council bearing date the 16th day of February, 1906,‡and known as "The Southern Nigeria Protectorate Order in Council, 1906" (hereinafter referred to as the Principal Order), it was (amongst other things) provided that it should be lawful for the Legislative Council for 3 Edw. VII, c. 36.

+ Vol. LXXXII, page 656.

Vol. XCIX, page 398.

the time being of the Colony of Southern Nigeria by any ordinance or ordinances to exercise and provide for giving effect to all such powers and jurisdiction as His Majesty might at any time before the passing of the Principal Order have acquired or exercised in any of the territories therein described and known as the Protectorate of Southern Nigeria;

And whereas it is expedient that the like provision should be made for exercising and giving effect to all such powers and jurisdiction as His Majesty may at any time after the passing of the Principal Order acquire or have acquired in the said Protectorate, and that the Principal Order should be amended accordingly :

Now, therefore, His Majesty, by virtue and in exercise of the powers by "The Foreign Jurisdiction Act, 1890," or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered as follows:

1. This Order may be cited as "The Southern Nigeria Protectorate Order in Council, 1909," and shall be read and construed as one with the Principal Order.

2. Article IV of the Principal Order shall be read as if the words "before or after the passing of this Order" were substituted for the words "before the passing of this Order."

3. This Order shall be deemed to have commenced and come into operation on the same day as the Principal Order, which Order shall be read and construed accordingly.

4. The Governor shall give directions for the publication of this Order at such places, and in such manner, and for such time or times as he thinks proper for giving due publicity thereto within the Protectorate of Southern Nigeria.

5. His Majesty may from time to time revoke, alter, add to, or amend this Order.

And the Right Honourable the Earl of Crewe, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

A. W FITZROY.

BRITISH ORDER IN COUNCIL applying the Orders of 1887 and 1898 regarding Copyright to the German Protectorates. London, March 2, 1909.*

At the Court at Buckingham Palace, the 2nd day of March, 1909. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS on the 9th day of September, 1886,† a Convention (hereinafter called the Berne Convention) with respect to the "London Gazette," March 9, 1909. + Vol. LXXVII, page 22.

protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her late Majesty Queen Victoria and the foreign countries following, that is to say: Belgium, Hayti, Switzerland, France, Italy, Germany, Spain, and Tunis;

And whereas on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her late Majesty Queen Victoria and the aforesaid countries;

And whereas by an Order in Council, dated the 28th day of November, 1887,* and made under the authority committed to Her late Majesty Queen Victoria by the International Copyright Acts, 1844 to 1886,† Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty's Dominions to the authors of literary and artistic works first produced in any of the said foreign countries (therein referred to as the foreign countries of the Copyright Union), and otherwise giving effect throughout Her Majesty's Dominions to the terms of the said Berne Convention, and an English translation of the said Convention was set out in the First Schedule to the said Order in Council;

And whereas since the date of the said Order in Council the foreign countries following, namely, Luxemburg, Monaco, Montenegro, Norway, and Sweden have acceded to the said Berne Convention, and by Orders in Council dated respectively the 10th day of August, 1888, the 15th day of October, 1889, the 16th day of May, 1893, the 1st day of August, 1896, and the 12th day of December, 1904, and made under the authority aforesaid, the provisions of the said Order in Council of the 28th day of November, 1887, have been extended to the lastmentioned foreign countries respectively;

And whereas an Additional Act to the said Berne Convention was agreed upon between Her late Majesty Queen Victoria and the following foreign countries for the purpose of varying the provisions of the said Berne Convention, namely, Germany, Italy, Switzerland, Belgium, Luxemburg, Spain, Monaco, Tunis, France, and Montenegro, and the ratifications of the said Additional Act were, on the 9th day of Septemher, 1897, exchanged between Her late Majesty Queen Victoria and the said foreign countries;

And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her late Majesty Queen Victoria was pleased to make provision for varying the hereinbefore recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said Additional Act throughout Her Majesty's Dominions so far as regards the foreign countries hereinbefore named as parties to

* Vol. LXXVIII, page 1015.

↑ Vol. XXXIV, page 1128; Vol. LXVI, page 231; Vol. LXXVII, page 966. May 4, 1896. Vol. LXXXVIII, page 36.

the said Additional Act, and an English translation of the said Additional Act is set forth in the schedule to the Order in Council now in recital;

And whereas the Republic of Hayti having duly acceded to the said Additional Act, the said Order in Council of the 7th day of March, 1898, was by Order in Council of the 19th day of May, 1898, extended to the said Republic;

And whereas the Empire of Japan, the Kingdom of Denmark, and the Faroe Islands, and the Republic of Liberia, having duly acceded to the said Berne Convention and the said Additional Act, the said Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, were by Orders, in Council dated respectively the 8th day of August, 1899, the 9th day of October, 1903, and the 21st day of December, 1908, extended to the said Empire of Japan, the said Kingdom of Denmark, and the Faroe Islands, and the said Republic of Liberia:

And whereas the Principality of Montenegro having duly denounced the said Berne Convention, the said Order in Council of the 16th day of May, 1893, was revoked by an Order in Council of the 8th day of August, 1899, and the provisions of the said Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, have ceased to apply to the said Principality of Montenegro;

And whereas the foreign countries following, namely, Luxemburg, Monaco, Norway, Japan, Denmark and the Faroe Islands, Sweden, and Liberia, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council of the 28th day of November, 1887;

And whereas it has been intimated to His Majesty's Government that the Government of Germany have notified their accession for and on behalf of the German Protectorates to the said Berne Convention, and the said Additional Act, such accession to take effect from the 1st day of January, 1909;

And whereas His Majesty in Council is satisfied that the said Government of Germany has made such provisions as it appears to His Majesty expedient to require for the protection in the said German Protectorates of authors' works first produced in His Majesty's Dominions :

Now therefore His Majesty, by and with the advice of His Privy Council and by virtue of the authority committed to His Majesty by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows:

1. From and after the commencement of this Order the hereinbefore recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall extend to the German Protectorates.

2. This Order shall come into operation as from the 1st day of January, 1909, which date is hereinbefore referred to as the commencement of this Order.

3. And the Lords Commissioners of His Majesty's Treasury are to give the necessary orders herein accordingly.

A. W. FITZROY.

BRITISH ORDER IN COUNCIL applying the Provisions of Section 91 of "The Patents and Designs Act, 1907," to Austria-Hungary.-London, May 17, 1909.*

At the Court at Buckingham Palace, the 17th day of May, 1909.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by section 91 of "The Patents and Designs Act, 1907," it is enacted as follows:

:

91.-(1.) If His Majesty is pleased to make any arrangement with the Government of any foreign State for mutual protection of inventions, or designs or trade-marks, then any person who has applied for protection for any invention, design, or trademark in that State shall be entitled to a patent for his invention or to registration of his design or trade-mark under this Act, or "The Trade-Marks Act, 1905," in priority to other applicants; and the patent or registration shall have the same date as the date of the application in the foreign State :

Provided that

(a.) The application is made in the case of a patent within twelve months, and in the case of a design or trade-mark within four months, from the application for protection in the foreign State; and

(b.) 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 actual date on which his complete specification is accepted, or his design or trade-mark is registered, in this country.

(2.) The patent granted for the invention or the registration of a design or trade-mark shall not be invalidated—

(a.) In the case of a patent, by reason only of the publication of a description of, or use of, the invention; or

(b.) In the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design; or

(c.) In the case of a trade-mark, by reason only of the use of the trade mark,

in the United Kingdom or the Isle of Man during the period specified in this section as that within which the application may be made.

+ Vol. CI,

page

"London Gazette," May 21, 1909.

28.

Vol. XCVIII, page 15.