18. Any person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of His Majesty, or any of the Royal Family, or of the Governor, Lieutenant-Governor, or any Government Department, shall be liable on summary conviction to a penalty not exceeding £20.

19. This Ordinance may be cited as The Merchandise Marks Ordinance, 1903.

SCHEDULE TO THE MERCHANDISE MARKS ORDINANCE, 1903.

Being § 103 of Patents Designs and Trade Marks Act, 1883 (Imperial Parliament).

If His Majesty is pleased to make any arrangement with the Government or Governments of any foreign State or States for mutual protection of inventions, designs and trade marks, or any of them, then any person who has applied for protection for any invention, design or trade mark in any such State, shall be entitled to a patent for his invention, or to registration of his design or trade mark (as the case may be) under this Act, in priority to other applicants; and such patent or registration shall have the same date as the date of the protection obtained in such foreign State; provided that his application is made, in the case of a patent, within seven months, and in the case of a design or trade mark, within four months, from his applying for protection in the foreign State with which the arrangement is in force; provided that 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 complete specification, or the actual registration of his design or trade mark in this country, as the case may be.

The publication in the United Kingdom, or the Isle of Man, 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.

The application for the grant of a patent, or 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 application under this Act; provided that, 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.

The provisions of this section shall apply only in the case of those foreign States in respect to which His Majesty shall from time to time by Order-in-Council declare them 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.

NOTES.

There appears to be only one decided case in the South African Courts under a statute relating to Merchandise Marks in the Cape Supreme Court. In this case (Colonial Government vs. Spence d Drury, 11 J. 264), a decision was given on § 14 of the Cape Act, which is practically identical with § 14 of the Transvaal Ordinance. In this case, Spence & Drury, at East London, imported goods into the Cape Colony, described in the bill of entry as cases of cigar boxes. These cases contained the lids, sides, and labels necessary for making complete cigar boxes. They were imported through East London for the declared purpose of being forwarded to one Schaap, at Johannesburg. Certain of the pieces of wood, presumably intended as lids to the boxes, were branded with the words "Perla de Cuba" and "Habana," and the labels contained words on them in Spanish and French, such as "Tobaccos finos," "Fabrica de Tobaccos," and "El Diploma." There were no other words on the boxes indicating any place of manufacture of the goods, but the labels bore a mark indicating that they had been printed in Germany. The Cape Collector of Customs claimed that Spence & Drury had rendered themselves liable to a penalty of £100, and further claimed that the goods were liable to forfeiture. It was decided, firstly, that the words in question constituted a false trade description, and that the goods were liable to confiscation; and, secondly, that the fact that the boxes were consigned to a person in the South African Republic, and could not have been used in Cape Colony without re-importation, did not take them out of the operation of the Cape Merchandise Marks Act (which, as before stated, is practically identical with the Transvaal Ordinance).

PART 3.-SPECIAL PROPERTY RIGHTS.

D.-COPYRIGHT.

LAW No. 2, 1887.

Definition and scope of Copyright.

1. The right to publish writings, engravings, charts, musical works, plays, and oral lectures, by means of printing, as also the right to perform or exhibit dramatic-musical works and plays in public, shall belong exclusively to the author and those obtaining their rights from or through him.

Every performance or exhibition, to which access is once or oftener obtainable upon payment of a certain sum or any other valuable consideration, shall be deemed to be a performance or exhibition in public, even in cases where, in addition to such price or consideration for admission, a ballot is required.

2. The following shall be deemed to be and are placed on the same footing as authors:

(a) Those who undertake any of the works mentioned in Article 1, comprised of contributions from different collaborators.

(b) Public institutions, associations, establishments and partnerships in respect of the works published by them.

(c) Translators in respect of the translations made by

them.

In the case of works comprised of contributions from different collaborators, each such collaborator shall moreover, in so far as no stipulation to the contrary exists, retain the copyright of that part which is contributed by him.

3. In the case of works published without mention of the author's name, or under an assumed name, the publisher, or, if his name does not appear on the title page, or in default thereof on the cover, the printer, shall be deemed to be the author until another person shall have made himself known as the person entitled thereto in the manner determined by Articles 10 and 11, save as to the term of filing as per Article 10.

4. Except in the special instances that may be determined on by the Government with advice and consent of the Executive Council, there shall not be any copyright of Laws, resolutions, Ordinances and whatsoever further orally or in writing is brought to the public notice by or on behalf of any public authority.

5. Copyright shall secure to an author the exclusive right to publish by means of printing translations of

(a) his works not yet published by means of printing, his oral lectures being included thereunder;

(b) his works already published by means of printing, provided that he has with the first issue on the title page, or in default thereof on the cover of the work, reserved to himself the sole right in respect of one or more specially mentioned languages, and within three years after the first issue shall have published or caused to be published his translation by means of printing.

In the case of works which consist of separate volumes or numbers, this term shall be reckoned to run separately in respect of each volume or number.

6. In the case of the issue of the same work at the same time in different languages, only one such issue shall be deemed to be the original work, and all the others shall be deemed to be translations.

The author shall be entitled to point out on the title page, or in default thereof on the cover, which issue he considers to be the original.

If he fail to do so, the issue which is in the mother language of the author shall be deemed to be the original work.

7. The copyright of works published by printing shall not operate to prevent quotations being made therefrom in other works for the purposes of announcements or reviews.

Provided the source from which they are derived is mentioned, it shall further be lawful to publish by means of printing reports and articles taken from daily, weekly, and monthly papers, except in cases where the copyright is specially reserved at the head of such report or article, and the further steps are taken in terms of Article 10.

8. The copyright of oral lectures shall not preclude the giving of a report of whatever has taken place at a public meeting.

9. The copyright shall be deemed to be movable property. It may be wholly or in part ceded, and shall pass by way of succession to the author's heirs.

It cannot be taken in execution.

Conditions under which the Copyright in respect of works published by printing is to be exercised.

10. The copyright in respect of a work published by means of printing shall lapse if the author (or his assign), the publisher or printer, do not file with the Registrar of Deeds, within two months after the issue thereof, three copies of the work, all bearing the autograph of the author (or his assign), or the printer or publisher, mentioning his residence and the date of issue, due regard being had in so far as translations are concerned to the term mentioned in Art. 5 (b).

Upon lodging of the copies aforesaid, a Sworn declaration made by the printer, to the effect that the "work" has been printed at his printing house in this Colony, shall be produced.

11. The Registrar of Deeds shall give the person filing the copies of the books a duly dated certificate of the receipt thereof.

Of these certificates duplicates shall be kept in his department in a register which each member of the public may inspect free of charge, and of which he may at his own cost obtain an extract or copy.