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Part V. General.

Officers and clerks.

for inventions and for the registration of designs and trade marks existing at the commencement of this Act, shall be the Patent Office within the meaning of this Act.

(3.) The Patent Office shall be under the immediate control of an officer called the comptroller general of patents, designs, and trade marks, who shall act under the superintendence and direction of the Board of Trade.

(4.) Any act or thing directed to be done by or to the comptroller may, in his absence, be done by or to any officer for the time being in that behalf authorised by the Board of Trade.

83. (1.) The Board of Trade may at any time after the passing of this Act, and from time to time, subject to the approval of the Treasury, appoint the comptroller-general of patents, designs, and trade marks, and so many examiners and other officers and clerks, with such designations and duties as the Board of Trade think fit, and may from time to time remove any of those officers and clerks.

(2.) The salaries of those officers and clerks shall be appointed by the Board of Trade, with the concurrence of the Treasury, and the same and the other expenses of the execution of this Act shall be paid out of money provided by Parliament.

Part V. General.

Seal of

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

Office.

be entered in

85. There shall not be entered in any Trust not to register kept under this Act, or be receivable registers. by the comptroller, any notice of any trust, expressed, implied or constructive.

Refusal to
&c., in cer-

grant patent,

tain cases.

assignments

missions in

registers.

86. The comptroller may refuse' to grant a patent for an invention, or to register a design or trade mark of which the use would, in his opinion, be contrary to law or morality. 87. Where a person becomes entitled by Entry of assignment, transmission, or other operation of and translaw, to a patent, or to the copyright in a registered design, or to a registered trade mark, the comptroller 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 any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licences as to, or

1 There does not appear to be any appeal from such a refusal.

G

Part V. General.

Inspection

of and extracts from registers.

Sealed copies to be received in evidence.

Rectification of registers by Court.

otherwise deal with the same, and to give effectual receipts for any consideration for such assignment, licence, or dealing. Provided, that 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.

88. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject 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.

89. Printed or written copies or extracts, purporting to be certified by the comptroller 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 in Her Majesty's dominions, and in all proceedings, without further proof or production of the originals.

of

90. (1.) The Court may on the application any person aggrieved by the omission without sufficient cause of the name of any person from any register kept under this Act, or by any entry made without sufficient cause in any such

register, make such order for making, expunging or varying the entry, as the Court thinks fit; or the Court may refuse the application; and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit.

(2.) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved.

(3.) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the comptroller.

Part V.

General.

comptroller to correct

clerical

91. The comptroller may, on request in Power for writing, accompanied by the prescribed fee(a.) Correct any clerical error in or in con- errors. nection with an application for a patent, or for registration of a design or trade mark; or

(b.) Correct any clerical error in the name,
style or address of the registered pro-
prietor of a patent, design, or trade
mark.

(c.) Cancel the entry or part of the entry
of a trade mark on the register: Pro-
vided, that the applicant accompanies
his request by a statutory declaration

Part V. General.

Alteration of registered mark.

Falsification of entries in registers.

made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade mark.

92. (1.) The registered proprietor of any registered trade mark may apply to the Court for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Act, and the Court may refuse or grant leave on such terms as it may think fit.

(2.) Notice of any intended application to the Court under this section shall be given to the comptroller by the applicant; and the comptroller shall be entitled to be heard on the application.

(3.) If the Court grants leave, the comptroller shall, on proof thereof and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave.

93. If any person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders, or causes to be produced or tendered in evidence, any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanour.

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