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(2.) If any rectification of a register under this Act is required in pursuance of any proceeding in a court in Scotland or Ireland, a copy of the order, decree, or other authority for the rectification, shall be served on the comptroller, and he shall rectify the register accordingly.

Patents, Designs, and Trade Marks Act, 1883.

112. This Act shall extend to the Isle of Man, Isle of Man. and

(a.) Nothing in this Act shall affect the jurisdic

tion of the courts in the Isle of Man, in pro-
ceedings for infringement or in any action or
proceeding respecting a patent, design, or trade
mark competent to those courts;

(b.) The punishment for a misdemeanor under
this Act in the Isle of Man shall be imprison-
ment for any term not exceeding two years,
with or without hard labour, and with or with-
out a fine not exceeding one hundred pounds,
at the discretion of the court;

(c.) Any offence under this Act committed in the Isle of Man which would in England be punishable on summary conviction may be prosecuted, and any fine in respect thereof recovered at the instance of any person aggrieved, in the manner in which offences punishable on summary conviction may for the time being be prosecuted.

Repeal and saving for

Repeal; Transitional Provisions; Savings.

113. The enactments described in the Third past opera Schedule to this Act are hereby repealed. But this repeal of enactments shall not—

tion of repealed enactments, etc.

(a.) Affect the past operation of any of those enactments, or any patent, or copyright, or right to use a trade mark granted or acquired, or application pending, or appointment made, or compensation granted, or order or direction made or given, or right, privilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this Act; or

(b.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof, and any such proceeding may be carried on as if this Act had not been passed; or

(c.) Take away or abridge any protection or benefit in relation to any such action or proceeding.

The provisions of this Act, except those relating to compulsory licenses and the power to bind the Crown, extend to all patents granted before the commencement of this Act, or on applications then pending, in substitution for such enactments as would have applied thereto if this Act had not been passed. See s. 45.

continued.

114. (1.) The registers of patents and of pro-registers to prietors kept under any enactment repealed by this be deemed Act shall respectively be deemed parts of the same book as the register of patents kept under this Act (a).

(2.) The registers of designs (b) and of trade marks kept under any enactment repealed by this Act shall respectively be deemed parts of the same book as the register of designs and the register of trade marks kept under this Act.

(a) The Board of Trade have power to make general rules for regulating the practice of registration under this Act. See s. 101.

(b) The register of ornamental designs (5 & 6 Vict. c. 100) and the register of useful designs (6 & 7 Vict. c. 9).

existing

115. All general rules made by the Lord Chan- Saving for cellor or by any other authority under any enactment rules. repealed by this Act, and in force at the commencement of this Act, may at any time after the passing of this Act be repealed, altered, or amended by the Board of Trade, as if they had been made by the Board under this Act, but so that no such repeal, alteration, or amendment shall take effect before the commencement of this Act; and, subject as aforesaid, such general rules shall, so far as they are consistent with and are not superseded by this Act, continue in force as if they had been made by the Board of Trade under this Act (a).

1 The Patents Rules made under the Patent Law

Saving for prerogative.

General definitions.

Amendment Acts have been repealed by rule 78 of the Patents Rules. See page 210. The Trade Marks Rules made by the Lord Chancellor under the Trade Marks Registration Act, 1875, have been repealed by the Trade Marks Rules, No. 60, p. 286.

The Designs Rules in force on the 31st day of December, 1883, have been repealed and new ones issued. See Designs Rules, No. 37, p. 252.

(a) See s. 101.

116. Nothing in this Act shall take away, abridge, or prejudicially affect the prerogative of the Crown (a) in relation to the granting of any letters patent, or to the withholding of a grant thereof. (a) See s. 27 and notes.

General Definitions.

117. (1.) In and for the purposes of this Act, unless the context otherwise requires

"Person" includes a body corporate:

"The Court" means (subject to the provisions for Scotland, Ireland, and the Isle of Man) Her Majesty's High Court of Justice in England:

"Law Officer" means Her Majesty's AttorneyGeneral or Solicitor-General for England:

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"The Treasury means the Commissioners of Her Majesty's Treasury:

"Comptroller" means the Comptroller-General of Patents, Designs, and Trade Marks:

"Prescribed" means prescribed by any of the schedules to this Act, or by general rules under or within the meaning of this Act:

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"British possession means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man, and all territories and places under one legislature, as hereinafter defined, are deemed to be one British possession for the purposes of this Act:

"Legislature" includes any person or persons who exercise legislative authority in the British possession; and where there are local legislatures as well as a central legislature, means the central legislature only.

In the application of this Act to Ireland, “summary conviction" means a conviction under the Summary Jurisdiction Acts, that is to say, with reference to the Dublin Metropolitan Police District the Acts regulating the duties of justices of the peace and of the police for such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending it.

For definitions of "patent," "patentee,” and “invention," Other see s. 46.

For definitions of " design," "copyright in design," "proprietor of design," see ss. 61 & 62.

For definitions of "design,"
"" trade mark," see s. 64.

definitions.

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