1919, shall have effect as though the following were substituted for paragraph 1 thereof:—

1. Each of the places named in the following list, as described therein, shall be a prohibited area:

Orkney Islands.-An area enclosed by straight lines joining the following points :-Tor Ness, Rora Head, Inga Ness, Mull Head, Old Head.

Cromarty-Seven statute miles in all directions from Newball Point (opposite Invergordon).

Firth of Forth.-An area enclosed by straight lines between the following places:-Hill House (one mile south of Dunfermline), Blackness Pier, Dalmeny Church, Inchmickery, Hallcraig Point.

Harwich.-Two statute miles in all directions from Parkeston Pier.

Osea Island.-Three statute miles in all directions from the centre of Osea Island.

Sheerness.-Three statute miles in all directions from Garrison Point, excluding Grain aerodrome and all land belonging thereto.

Chatham.-Three statute miles in all directions from Hoo

Church.

Dover. Three statute miles in all directions from Dover Castle.

Portsmouth. Two and a half statute miles in all directions from Dockyard Clock Tower.

Poole Harbour.-Three statute miles in all directions from Lychett Minster Church.

Portland.

land Castle.

Two statute miles in all directions from Port

Devonport.-Two statute miles in all directions from a point half a mile north of Stoke Church.

Pembroke.-Two statute miles in all directions from Wear Point.

Cork Harbour.-Two statute miles in all directions from Spike Island Fort.

Air Ministry, London,

November 17, 1919.

W. S. CHURCHILL, One of His Majesty's Principal

Secretaries of State.

BRITISH ORDER IN COUNCIL applying the provisions of Section 91 of "The Patents and Designs Act, 1907," to Poland.-London, November 25, 1919.*

At the Court at Buckingham Palace, the 25th day of
November, 1919.

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 trade mark 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 Acts, 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.

66

(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.

(3.) The application for the grant of a patent, or the * "London Gazette," November 25, 1919. + Vol. CI, page 28.

Vol. XCVIII, page 15.

registration of a design, or the registration of a trade mark under this section, must be made in the same manner as an ordinary application under this Act or The Trade Marks Act, 1905':

Provided that

"(a.) In the case of patents the application shall be accompanied by a complete specification, which, if it is not accepted within the twelve months from the application for protection in the foreign State, shall with the drawings (if any) be open to public inspection at the expiration of that period; and

(b.) 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 The Trade Marks Act,

1905.

(4.) The provisions of this section shall apply only in the case of those foreign States with respect to which His Majesty by Order in Council declares them 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.

(5.) Where it is made to appear to His Majesty that the Legislature of any British Possession has made satisfactory provision for the protection of inventions, designs, and trade marks, patented or registered in this country, it shall be lawful for His Majesty, by Order in Council, to apply the provisions of this section to that Possession, with such variations or additions, if any, as may be stated in the Order ";

And whereas by Section 103 of "The Patents, Designs, and Trade Marks Act, 1883," as amended by Section 6 of "The Patents, Designs, and Trade Marks (Amendment)

Act, 1885,

and by Section 1 of "The Patents Act, 1901,"

and since repealed by Section 98 of the said "Patents and Designs Act, 1907," provisions were made to the same or like effect as those above set forth as contained in Section 91 of the last-mentioned Act, and by the said Section 98 it was

provided that

enactment so

this repeal shall not affect any Convention,

Order in Council, rule or table of fees having effect under any Council, rule, or table of fees in force at the commencement repealed, but any such Convention, Order in of this Act shall continue in force, and may be repealed,

altered or amended,

as if it had been made under this Act ";

to make an arrangement of the nature contemplated by the And whereas it pleased Her late Majesty Queen Victoria said Section 103, by and in virtue of a Declaration signed and sealed by Her Majesty's Ambassador at Paris, on the 17th March, 1884, duly conveying the accession of Great Britain and Ireland to the International Convention and Protocol for the protection of Industrial Property, signed by

Representatives of certain Powers, on the 20th March, 1883,* and duly ratified on the 6th June, 1884, power being reserved to Her Majesty to accede thereafter to the provisions of the said Convention and Protocol on behalf of the Isle of Man, the Channel Islands, and any of Her Majesty's Possessions, which Declaration of Accession was duly accepted by the French Government on behalf of the signatory Powers by and in virtue of a Declaration dated the 2nd April, 1884;

And whereas on the 14th December, 1900, at Brussels, an additional Act was agreed upon between Her late Majesty Queen Victoria and the Heads of the foreign countries parties thereto for the purpose of modifying certain of the provisions of the said International Convention and the Protocol annexed thereto, the ratification of which additional Act was duly effected;

And whereas by a Convention signed at Washington on the 2nd June, 1911, His Majesty and the Heads of the foreign States named therein agree to make certain modifications in and additions to the said Convention dated the 20th March, 1883, as revised at Brussels on the 14th December, 1900, the ratification of which Convention was duly effected by Great Britain and certain other States;

And whereas by various Orders in Council Her late Majesty Queen Victoria and His late Majesty King Edward VII and His present Majesty have been pleased to declare that the hereinbefore-mentioned provisions of the said "Patents, Designs, and Trade Marks Act, 1883 amended), should apply to the several foreign countries named in the said Orders parties to the said Convention and Protocols;

And whereas Poland has acceded to the said International Convention, Protocol, and Additional Act as revised at Washington on the 2nd June, 1911:

Now, therefore, His Majesty, in pursuance of the powers in him vested by the above-recited provisions, and by and with the advice of his Privy Council, doth declare, and it is hereby declared, as follows:

1. The provisions of Section 91 of "The Patents and Designs Act, 1907," shall apply to Poland.

2. This Order shall take effect from the 20th November, 1919.

ALMERIC FITZROY.

* Vol. LXXIV, page 44.

+ Vol. XCII, page 807.

Vol. CIV, page 116.

66

BRITISH ORDER IN COUNCIL under The Copyright Act, 1911," regulating Copyright Relations with Sweden. -London, November 25, 1919.*

At the Court at Buckingham Palace, the 25th day of
November, 1919.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Archbishop of Canterbury.

Lord President.

Lord Steward.

Sir Frederick Ponsonby.
Lord Justice Younger.
Sir J. Tudor Walters.

Sir Charles Eliot.

WHEREAS His Majesty, by virtue of the authority conferred on him by "The Copyright Act, 1911," and having regard to the provisions of the revised Berne Copyright Convention of 1908, was pleased to make an Order in Council, dated the 24th day of June, 1912§ (hereinafter called the Principal Order), extending the protection of the said Act to certain classes of works to which protection is guaranteed by the said Convention;

And whereas the Kingdom of Sweden has ratified the said Convention subject to the reservation mentioned in the Schedule attached to this Order:

Now, therefore, His Majesty, by and with the advice of his Privy Council, and by virtue of the authority conferred. upon him by The Copyright Act, 1911," is pleased to order, and it is hereby ordered, as follows:

(1.) The provisions of Article (2), Proviso (i); Article (2), Proviso (iii) (c); Article (2), Proviso (iii) (d); and Article (2), Proviso (iii) (e), of the Principal Order are hereby revoked so far as they relate to works of which the country of origin is Sweden, and the authors of all such works shall enjoy the same rights as if the said provisions had never related thereto.

(2.) In the application of the provisions of Article (3) of the Principal Order to works of which the country of origin is Sweden, the commencement of this Order shall be substituted for the commencement of the Act and for the commencement of the Principal Order.

(3.) In the application to works of which the country of origin is Sweden of Sections 1 (2) (d) and 19 of "The Copy

'London Gazette," November 25, 1919. Vol. CII, page 619.

+ Vol. CIV, page 13. § Vol. CV, page 133