Colonial, or International one, give to the Registrar seven days' notice in writing of his intention to exhibit the design or article, or to publish a description of the design, as the case may be. This notice shall be given in the form set forth in the Fourth Schedule hereto. For the purpose of indentifying the design in the event of an application to register the same being subsequently made, the applicant shall furnish to the Registrar a brief description of the nature of the design, accompanied by a sketch or drawing thereof, and such other information as the Registrar may in each case require. 18. Business with the Deeds Registry Office with reference to anything to be done under any of the provisions of the Registration of Designs Act, 1894, or of these Rules, shall be conducted in person or through an Agent, and not by correspondence. FIRST SCHEDULE. Class 1. Articles composed wholly or chiefly of metal, not included in class 2. 2. Jewellery. 3. Articles composed wholly or chiefly of wood, bone, ivory, papier mâché, or other solid substance not included in other classes. 4. Articles composed wholly or chiefly of glass, earthenware, or porcelain, bricks, tiles or cement. 5. Articles composed wholly or chiefly of paper (except hangings). 6. Articles composed wholly or chiefly of leather, including bookbinding of all materials. 7. Paper hangings. 8. Carpets and rugs in all materials, floorcloths and oilcloths. 10. Millinery and wearing apparel, including boots and shoes. 13. Printed or woven designs on textile piece goods. 14. Printed or woven designs on handkerchiefs and shawls. SECOND SCHEDULE. Application for Registration of Design in Classes. who claims to be You are hereby requested to register the accompanying design in Class in the name of (a) the proprietor thereof, and to return the same to Statement of nature of design (b) (c) Cape Town. Deeds Office, 189 (a) Here insert legibly the name, address and description of the individual or firm. (b) Such as whether it is applicable for the pattern or for the shape. (c) To be signed by the applicant. The signature must be written in a large and legible hand. Applicants should be specially careful to give correctly their full name and address, with their trade, business, or occupation ; also to fill in after the words "Statement of nature of design" the words "for the Pattern," " for the Shape or Configuration," or "for the Ornament," or for any two or more such purposes, as the case may be, adding when necessary, a short technical description of the article with the part or parts claimed as new or original specially defined. Application for Registration of Design to be applied to a Set. in the You are hereby requested to register the accompanying Design for (a) being a set of articles in Class who claims to be proprietor thereof, name of (b) of and to return the same to (Signed) (d) day of (a) Here set out the trade description of the articles in the set, as "A Toilet Set." (b) Here insert legibly the name, address, and description. (c) Such as whether it is applicable for the pattern or for the shape. (d) To be signed by the applicant. THIRD SCHEDULE. Request to enter Name of Subsequent Proprietor of Design, with Declaration in support thereof. I, (a) name (c) design No. Design (e) hereby request that you will enter (b) in the Register of Designs as proprietor of the And I do solemnly and sincerely declare that the above several statements are true, and the particulars above set out comprise every material fact and document affecting the proprietorship of the said Design as above claimed. And I make this solemn declaration conscientiously believing the same to be true. (a) Or we. Here insert name, full address, and description. (b) My or Our. (c) Or Names. (d) I am or we are. (e) Here state the particulars of Assignment, as e.g., by Deed dated made between So-and-so of the day of the one part. 189 (g) To be signed here by the person making the declaration. (h) Signature and title of the authority before whom the declaration is made. The declaration, if made within the Colony, shall be attested by a Justice of Peace; if made elsewhere within Her Majesty's Dominions by a Justice of the Peace or Mayor; and if made out of Her Majesty's Dominions, by a British Consular Officer, or by a Magistrate or Mayor (whose signature shall be authenticated by such Consular Officer, or by the Consular representative in London, of the Country in which the declaration was made), or by a Commissioner of the Supreme Court of the Cape of Good Hope appointed to administer oaths outside this Colony. FOURTH SCHEDULE. Notice of Intended Exhibition of an Unregistered Design. hereby give notice of my intention to exhibit under the provisions of the Registration of Designs (Signed) (b) State opened" or "is to open.' (e) Insert brief description of design with drawing. SCHEDULE OF FEES. For every application to register one design, for one or more articles included in one class For every application to register more than one design for one or more articles included in one class, for each additional design after the first For every application to register a design in respect of goods For the registration of a single design same design in respect of goods in different classes, for Where the same person is registered at the same time for more On every application to register a subsequent proprietor, in ... For altering address in the register, for every design For every certificate of registration... For every copy of such certificate... For inspecting register, for every quarter of an hour On every application to Registrar under section 18 for infor- For certified copy of any entry, for first 100 words 17... For every copy of a design under section 17 NATAL. Act No. 19, 1899, regulates the registration of designs. A "design" is defined as any design applicable to any article of manufacture or to any substance, artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern or for the shape or configuration or for the ornamentation thereof, or for any two or more such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, pressing or stamping, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined, not being a design for sculpture. "Copyright" means the exclusive right to apply a design to any article of manufacture, or to any such substance as aforesaid in the class or classes in which the design is registered. "Proprietor" means the author of any new or original design unless he executed the work on behalf of another person for a good or valuable consideration, in which case such person shall be considered the proprietor, and every person acquiring for a good or valuable consideration a new and original design or the right to apply the same to any such new article or substance as aforesaid, either exclusively of any other person or otherwise, and also every person on whom the property in such design or the right to the application thereof shall devolve, shall be considered the proprietor of the design in the respect in which the same may have been so acquired and to that extent, but not otherwise. A register of designs is to be kept, and no person is entitled to sue for damages for infringement unless the design is registered (sec. 1). Notice of a trust is not to be registered (sec. 3). The register is to be open to inspection (sec. 4). The Supreme Court may on application make, expunge, or vary an entry (sec. 6). The Court may decide any question for rectification of the register (sec. 7). The certificate of the Registrar is to be prima facie evidence of an entry in the register (sec. 9). On refusal of the Registrar to enter a design, there is to be an appeal to the Supreme Court (sec. 12). Copyright in registered designs is secured for five years from date of registration (sec. 13). Representations or specimens of the design are to be furnished to the Registrar (sec. 14). Articles to which a registered design has been applied must, before sale or delivery, be marked so as to denote that the design is registered (sec. 15). The inspection of registered designs during copyright is restricted to the proprietor and to persons authorised by the Attorney-General or Supreme Court (sec. 16). The design is open to inspection when copyright has ceased (sec. 17). Information may be obtained from the Registrar as to the continued existence of copyright (sec. 18). Copyright ceases if a registered design is used in manufacture elsewhere than in Natal, and is not used in Natal within six months of its registration in Natal (sec. 19). The Registrar, on request, and on proof of title, must register assignments or transmissions of copyright (sec. 20). Infringements of copyright are liable to a penalty of £50 in favour of the proprietor, which may be recovered in a Magistrate's Court, but the total sum forfeited in respect of any one design shall not exceed £100 (sec. 23). In addition, the proprietor may have an action for damages (sec. 24). Publicity during an exhibition is not to prevent registration of the design, provided the conditions of the Act are complied with (sec. 28). SCHEDULE OF FEES. For every application to register one design, for one or more articles included in one class For every application to register more than one design for one or more articles included in one class, of each additional design after the first ... £0 10 0 050 |