comp 13. Before exercising any discretionary power Hearing by given to the Comptroller by the said Act adversely troller. to an applicant for registration of a design, the Comptroller shall give him ten days' notice of the time when he may be heard personally or by his agent before the Comptroller (1). (1) See s. 47, sub. 6; s. 48, sub. 2. comp 14. Within five days from the date when such Hearing by notice would be delivered in the ordinary course of troller. post, the applicant shall notify to the Comptroller whether or not he intends to be heard upon the matter. of comp 15. The decision or determination of the Comp- Notification troller in the exercise of any such discretionary troller's power as aforesaid shall be notified to the applicant. Appeal to the Board of Trade. decision. appeal to Trade. 16. When the Comptroller refuses to register a Notice of design, and the applicant intends to appeal to the Board of Board of Trade from such refusal, he shall, within one month from the date of the decision appealed against, leave at the Patent Office, Designs Branch, a notice of such his intention (m). (m) See second schedule to Designs Rules, form F, page 290. on appeal. 17. Such notice shall be accompanied by a Statement statement of the grounds of appeal, and of the applicant's case in support thereof. Notice to Secretary of Directions by Board of Trade. Notice of time of hearing. Registering design. Subsequent proprietors. 18. The applicant shall forthwith on leaving such notice send a copy thereof to the Secretary of the Board of Trade, No. 7, Whitehall Gardens, London. 19. The Board of Trade may thereupon give such directions (if any) as they may think fit for the purpose of the hearing of the appeal for the Board of Trade. 20. Seven days' notice, or such shorter notice as the Board of Trade may in any particular case direct, of the time and place appointed for the hearing of the appeal shall be given to the Comptroller and the applicant. Register of Designs. 21. Upon the sealing of a certificate of registration (n) the Comptroller shall cause to be entered in the register of designs the name, address, and description of the registered proprietor, and the date upon which the application for registration was received by the Comptroller, which day shall be deemed to be the date of the registration. (n) See s. 49. 22. Where a person becomes entitled to the copyright in a registered design, or to any share or interest therein, by assignment, transmission, or other operation of law, or where a person acquires any right to apply the design either exclusively or otherwise, a request for the entry of his name in the register as such proprietor of the design, or as having acquired such right, as the case may be, (hereinafter called the claimant,) shall be addressed to the Comptroller, and left at the Patent Office, Designs Branch (0). (0) For form of request to enter name of subsequent proprietor, see Designs Rules, second schedule, form K, page 261. See s. 87, page 145, for appeal of entry of assignments in register. to request. 23. Every such request shall, in the case of an Signature individual, be made and signed by the person requiring to be registered as proprietor; and in the case of a firm or partnership, by some one or more members of such firm or partnership, or, in either case, by his or their agent respectively duly authorised to the satisfaction of the Comptroller; and in the case of a body corporate, by their agent authorised in like manner (p). (p) See page 261. in request. 24. Every such request shall state the name, Particulars address, and description of the claimant, and the particulars of the assignment, transmission, or other operation of law by virtue of which the request is made, so as to show the manner in which and the person or persons to whom the design has been assigned or transmitted, or the person or persons who has or have acquired such right as aforesaid, as the case may be (p). (p) See page 261. Statutory declaration with request. Proof of title if required. Corporate name. Notice of order of Court. Comp troller's dis 25. Every such request shall be accompanied by a statutory declaration to be thereunder written verifying the several statements therein, and declaring that the particulars above described comprise every material fact and document affecting the proprietorship of the design or the right to apply the same, as the case may be, as claimed by such request (q). (q) See form K, second schedule, Designs Rules, page 261. For manner in which, and persons before whom, statutory declarations are to be taken, see Trade Marks Rules, No. 58, page 285. 26. The claimant shall furnish to the Comptroller such other proof of title as he may require for his satisfaction. 27. A body corporate may be registered as proprietor by its corporate name. 28. Where an order has been made by the Court, under section 90 of the said Act, the person in whose favour such order has been made shall forthwith leave at the Patent Office an office copy of such order. The register shall thereupon be rectified, or the purport of such order shall otherwise be duly entered in the register, as the case may be (r). (r) See s. 90, page 148. Power to dispense with Evidence. 29. Where under these rules any person is cretion as to required to do any act or thing, or to sign any evidence. document, or make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Comptroller or at the Patent Office, and it is shown to the satisfaction of the Comptroller that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Comptroller, with the sanction of the Board of Trade, and upon the production of such other evidence and subject to such terms as they may think fit, to dispense with any such act or thing, document, declaration, or evidence. Amendments. ments. 30. Any document, drawings, sketches, or tra- Amendcings for the amending of which no special provision is made by the said Act may be amended, and any irregularity in procedure which, in the opinion of the Comptroller, may be obviated without detriment to the interests of any person, may be corrected, if the Comptroller think fit, and upon such terms as he may direct (s). (8) For power of comptroller to correct clerical errors, see s. 91, page 149. For rectification of registers by the court, see s. 90. Enlargement of Time. ment of 31. The time prescribed by these rules for doing Enlargeany act or taking any proceeding thereunder may time. |