ORDINANCE of the Government of the Gold Coast Colony to amend" The Patents Ordinance, 1916."*

[No. 13.]

I assent,

F. G. GUGGISBERG, Governor.

May 9, 1921.

[May 9, 1921.]

BE it enacted by the Governor of the Gold Coast Colony, with the advice and consent of the Legislative Council thereof, as follows:

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1. This Ordinance may be cited as The Patents Amendment Ordinance, 1921."

2. Sub-Section (3) of Section 12 of the Principal Ordinance is hereby amended by deleting therefrom the words "shall be collected by means of such revenue stamps as are in force in the Colony and."

Passed in the Legislative Council this 27th day of April, in the year of our Lord 1921.

A. J. CUTFIELD, Clerk of the Legislative Council

ORDINANCE by the Government of the Colony of Kenya to amend the Law relating to Immigration.

[No. 6.]

[March 31, 1922.] BE it enacted by the Governor of the Colony of Kenya with the advice and consent of the Legislative Council thereof:

1. This Ordinance may be cited as "The Immigration Restriction Amendment Ordinance, 1922," and shall be read one with "The Immigration Restriction Ordinance, 1906" (hereinafter referred to as the Principal Ordinance"), and all amendments thereof.

as

2. The word "Colony " shall include Protectorate." 3. If any person who has entered the Colony to serve under a contract providing that the servant shall leave the Colony at its conclusion, fails to leave the Colony after quitting the said service, he may be treated as if he were a prohibited immigrant.

4. Any employer who has engaged servants under such a contract as is mentioned in the preceding section and who shall refuse or neglect to carry out the provisions of such contract in regard to the passage of such servants shall be

* Vol. CX. page 344.
[CXVI]

+ Vol. XCIX, page 729.
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deemed to have committed an offence and shall be punishable on conviction with a fine not exceeding £500 or imprisonment of either description for a term not exceeding twelve months or to both such fine and imprisonment.

NOTIFICATION by the Government of New Zealand of the Conclusion of a Reciprocal Customs Treaty, with effect from January 1, 1907, between New Zealand and South Africa (the Colony of Cape of Good Hope, the Colony of Natal, the Orange River Colony, the Transvaal and Southern Rhodesia).-Wellington, January 7, 1907.*

Department of Trade and Customs,

Wellington, January 7, 1907. PURSUANT to Section 2 of "The New Zealand and South African Customs Duties Reciprocity Act, 1906," his Excellency the Governor hereby notifies for public information that a reciprocal Customs Treaty has been arranged between New Zealand and the following South African Colonies and territories, viz., the Colony of the Cape of Good Hope, the Colony of Natal, the Orange River Colony, the Transvaal, and Southern Rhodesia-under which the goods named in the First Schedule hereto, being the produce or manufacture of New Zealand, will be admitted into the South African colonies and territories named on payment. of the duties as specified therein, and the goods named in the Second Schedule hereto, being the produce or manufacture of the South African colonies and territories named, will be admitted into New Zealand on payment of the duties and with the benefit of the exemptions as specified therein.

It is further agreed that if a fiscal difference is made by either of the Contracting Parties between locally manufactured spirits and imported spirits, the manufactured spirits of the other Contracting Party shall be admitted at the same rate of duty as is payable on the locally manufactured spirits.

The Treaty takes effect on and from the 1st day of January, 1907, and (pursuant to Section 4 of the aforesaid Act) will continue in operation until the close of the 21st day after the commencement of the next session of the New Zealand Parliament.

"New Zealand Gazette." January 7, 1907. Terminated by New Zealand, see Order in Council of July 3, 1922, page 380.

FIRST SCHEDULE.

GOODS the produce or manufacture of New Zealand, imported from New Zealand into the South African colonies and territories named, and the duties chargeable thereon :--

GOODS the produce or manufacture of the South African colonies and territories named, imported from those colonies or territories into New Zealand, and the duties chargeable thereon :--

ACT of the Parliament of the Dominion of New Zealand to make Better Provision for the Grant of Patents and for the Registration of Designs and of Trade-Marks

[No. 18.]

[January 13, 1922.]

BE it enacted by the General Assembly of New Zealand. in Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as "The Patents, Designs and Trade-Marks Act, 1921-22," and shall come into operation on the 1st day of July, 1922.

2. In this Act, unless a contrary intention appears— means (as respects designs) any article of

Article

[CXVI]

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manufacture and any substance, artificial or natural, or partly artificial and partly natural.

Copyright" means the exclusive right to apply a design to any article in any class in which the design is registered. Court" means the Supreme Court.

"Design" means only the features of shape, configuration, pattern, or ornament applied to any article by any industrial process or means, whether manual, mechanical. or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction, or anything which is in substance a mere mechanical device.

"Invention" means any manner of new manufacture the subject of letters patent and grant of privilege within Section 6 of the Statute of Monopolies (that is, the Act of the 21st year of the reign of King James the First, Chapter 3, intituled: "An Act concerning Monopolies and Dispensations with Penal Laws and the Forfeiture thereof "), and includes an alleged invention.

"Inventor" and "applicant," subject to the provisions of this Act, include the legal representative of a deceased inventor or applicant; and inventor" also includes the nominee or assignee of the actual inventor.

"Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof.

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'Patent" means letters patent for an invention.

"Patentee" means the person for the time being entered on the Register as the grantee or proprietor of the patent.

Proprietor of a new or original design "

(a.) Where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; and

(b.) Where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and

(c.) In any other case, means the author of the design: and, where the property in or the right to apply the design has devolved from the original proprietor upon any other person, includes that other person.

Register" means the Register of Patents, or the Register of Designs, or the Register of Trade-Marks, as the context may require, under this Act.

"Registered trade-mark" means a trade-mark which is actually upon the Register.

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Registrable trade-mark" means a trade-mark which is capable of registration under the provisions of this Act.

Registrar" means the Registrar of Patents, Designs and Trade-Marks.

Trade-mark" means a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of that trade-mark by virtue of manufacture, selection, certification, dealing with, or offering for sale.

Part I.-Patents.

Application for and Grant of Patent.

3.-(1.) An application for a patent may be made by any person who claims to be the true and first inventor of an invention, whether he is a British subject or not, and whether alone or jointly with any other person.

(2.) The application must be made in the prescribed form, and must be left at the Patent Office or a local Patent Office.

(3.) The application must contain a declaration to the effect that the applicant is in possession of an invention whereof he or, in the case of a joint application, one at least of the applicants claims to be the true and first inventor, and for which he desires to obtain a patent, and must be accompanied by either a provisional or complete specification.

(4.) The declaration required by this section may be either a statutory declaration or not, as may be prescribed.

(5.) If the application is left at a local Patent Office, the local Patent Officer shall give to the applicant or his agent a receipt in the prescribed form, and shall forthwith transmit the document and a copy of his receipt to the Patent Office.

4.-(1.) A provisional specification must describe the nature of the invention.

(2.) A complete specification must particularly describe and ascertain the nature of the invention, and the manner in which the same is to be performed.

(3.) In the case of any provisional or complete specification, where the Registrar deems it desirable, he may require that suitable drawings shall be supplied with the specification or at any time before the acceptance of the same, and those drawings shall be deemed to form part of the specification.

(4.) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification, must end with a distinct statement of the invention claimed.