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Man, during the period specified in this Section as that within which the application may be made.

66

(3.) 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 or The Trade Marks Act, 1905:

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"(a.) In the case of patents the application shall be accompanied by a complete specification, which, if it is not accepted within the 12 months from the application for protection in the Foreign State, shall with the drawings (if any) be open to public inspection at the expiration of that period; and

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(b.) 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 The Trade Marks Act,

1905.

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(4.) The provisions of this Section shall apply only in the case of those Foreign States with respect to which His Majesty by Order in Council declares them to be applicable, and so long only in the case of each State as the Order in Council continues in force with respect to that State.

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(5.) Where it is made to appear to His Majesty that the Legislature of any British Possession has made satisfactory provision for the protection of inventions, designs, or trade marks, patented or registered in this country, it shall be lawful for His Majesty, by Order in Council, to apply the provisions of this Section to that Possession, with such variations or additions, if any, as may be stated in the Order "';

And whereas by Section 103 of The Patents, Designs, and Trade Marks Act, 1883," as amended by Section 6 of "The Patents, Designs, and Trade Marks Act (Amendment) Act, 1885," and by Section 1 of "The Patents Act, 1901," and since repealed by Section 98 of the said "Patents and Designs Act, 1907,' provisions were made to the same or like effect as those above set forth as contained in Section 91 of the last-mentioned Act, and by the said Section 98 it was provided that" this repeal shall not affect any Convention, Order in Council, Rule, or Table of Fees having effect under any enactment so repealed, but any such Convention, Order in Council, Rule, or Table of Fees in force at the commencement of this Act shall continue in force, and may be repealed, altered or amended, as if it had been made under this Act";

And whereas it pleased Her late Majesty Queen Victoria to make an arrangement of the nature contemplated by the said Section 103, by and in virtue of a Declaration signed and sealed by Her Majesty's Ambassador at Paris, on the

17th March, 1884, duly conveying the accession of Great Britain and Ireland to the International Convention and Protocol for the Protection of Industrial Property, signed by Representatives of certain Powers on the 20th March, 1883.* and duly ratified on the 6th June, 1884, power being reserved to Her Majesty to accede thereafter to the provisions of the said Convention and Protocol on behalf of the Isle of Man, the Channel Islands, and any of Her Majesty's Possessions, which Declaration of Accession was duly accepted by the French Government on behalf of the signatory Powers by and in virtue of a Declaration dated the 2nd April, 1884;

And whereas on the 14th December, 1900, at Brussels, an Additional Act was agreed upon between Her late Majesty Queen Victoria and the Heads of the Foreign Countries parties thereto for the purpose of modifying certain of the provisions of the said International Convention and the Protocol annexed thereto, the ratification of which Additional Act was duly effected;

And whereas by a Convention signed at Washington on the 2nd June, 1911, His Majesty and the Heads of the Foreign States named therein agreed to make certain modifications in and additions to the said Convention dated the 20th March, 1883, as revised at Brussels on the 14th December, 1900, the ratification of which Convention was duly effected by Great Britain and certain other States;

And whereas by various Orders in Council Her late Majesty Queen Victoria and His late Majesty King Edward VII and His present Majesty have been pleased to declare that the hereinbefore mentioned provisions of the said "Patents, Designs, and Trade Marks Acts, 1883" (as amended), should apply to the several Foreign Countries named in the said Orders parties to the said Convention and Protocols;

And whereas Bulgaria has acceded to the said International Convention, Protocol and Additional Act as revised at Washington on 2nd June, 1911:

Now, therefore, His Majesty, in pursuance of the powers in him vested by the above-recited provisions, and by and with the advice of his Privy Council. doth declare, and it is hereby declared, as follows:

1. The provisions of Section 91 of "The Patents and Designs Act, 1907," as amended by "The Patents and Designs Act, 1914," and "The Patents and Designs Act, 1919," shall apply to Bulgaria.

2. This Order shall take effect from the 13th June, 1921. ALMERIC FITZROY.

• Vol. LXXIV, page 44.

+ Vol. XCII, page 807.

Vol. CIV, page 116.

BRITISH ORDER IN COUNCIL applying the provisions of Sub-Section (1) of Section 73 and Sub-Section (1) of Section 74 of "The Merchant Shipping Act, 1894," to the ships of certain States in India.-London, July 14, 1921.*

At the Court at Buckingham Palace, the 14th day of

July, 1921.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by Section 734 of "The Merchant Shipping Act, 1894, it is provided that where it has been made to appear to His Majesty that the Government of any Foreign Country is desirous that any of the provisions of that Act which do not apply to the ships of that country should so apply and there are no special provisions in the Act for that application, His Majesty in Council may order that such of those provisions as are in the Order specified shall (subject to the limitations, if any, contained therein) apply to the ships of that country and to the owners, masters, seamen and apprentices of those ships when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were British ships;

And whereas it has been made to appear to His Majesty that the Governments of the several States hereinafter mentioned are desirous that the provisions of Sub-Section (1) of Section 73 and Sub-Section (1) of Section 74 of the said Act should apply to the ships of those States respectively;

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And whereas the provisions of Section 1 of The Rules Publication Act, 1893," have been complied with:

Now, therefore, His Majesty, by virtue of the powers conferred upon him by "The Merchant Shipping Act, 1894," by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, as follows:

Sub-Section (1) of Section 73 and Sub-Section (1) of Section 74 of "The Merchant Shipping Act, 1894," shall apply to the ships of the following States in India, namely, Travancore, Cochin, Baroda, Cambay, Sachin, Janjira, Junagadh, Porbandar, Bhavnagar, Nawanagar, Morvi and Cutch, and to the owners, masters, seamen and apprentices of those ships, when not locally within the jurisdiction of the Governments of those States, in the same manner in all respects as if those ships were British ships, subject, however, to the limitation that those provisions shall not apply to such ships when in British territorial waters.

ALMERIC FITZROY.

"London Gazette," July 22, 1921.

+ Vol. LXXXVI, page 633.

BRITISH ORDER IN COUNCIL relative to the Registration of Government Ships in the service of the Board of Trade.-London, July 14, 1921.*

At the Court at Buckingham Palace, the 14th day of July, 1921.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by Section 80 of " The Merchant Shipping Act, 1906, power is given to His Majesty by Order in Council to make Regulations as to the manner in which Government ships may be registered as British ships under the Merchant Shipping Acts;

And whereas by the said Section it is provided that those Acts shall, subject to any exceptions or modifications which may be made by Order in Council, either generally or as respects any special class of such ships, apply to such ships when registered in accordance with such Regulations;

And whereas the provisions of Section 1 of "The Rules Publication Act, 1893," have been complied with:

Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act, or otherwise in him vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that the following Regulations shall have effect as regards any Government ships in the service of the Board of Trade: :

1. An application for registry of a Government ship in the service of the Board of Trade shall be made in writing under the hand of a Secretary or Assistant Secretary to the Board of Trade. Such application shall contain the following particulars:

(1.) A statement of the name and description of the ship. (2.) A statement of the time when and place where the ship was built; or, if the ship was foreign built and the time and place of building are unknown, a statement to that effect and of her foreign name.

(3.) A statement of the nature of the title to the said ship, whether by original construction by or for the Board of Trade, or by purchase, capture, condemnation or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Board of Trade. (4.) A statement of the name of the Master.

2. The Registrar, on receiving such application in respect of a Government ship in the service of the Board of Trade, shall

(1.) Enter the ship in the Register Book as belonging to "His Majesty, represented by the Board of Trade,' shall also enter therein

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and

+ Vol. XCIX, page 14.

(2.) The name of the port to which she belongs. (3.) The particulars stated in the application for registration.

(4.) The details comprised in the Surveyor's Certificate.

3. On the registry of a Government ship in the service of the Board of Trade the Registrar shall retain in his possession the Surveyor's Certificate and the application for registry and any documents of title mentioned in such application.

4. Upon the transfer of a registered Government ship in the service of the Board of Trade by Bill of Sale, the Board of Trade shall be the transferors, and the Bill of Sale shall be in Form A in the proper form prescribed under The Merchant Shipping Act, 1894" (hereinafter called "the principal Act"), omitting the covenant therein contained. Any such Bill of Sale shall be signed by a Secretary or Assistant Secretary to the Board of Trade on behalf of the Board of Trade.

5. The application for a Certificate of Sale referred to in Sections 39 to 42 and Sections 44 to 46 of the principal Act, may be made in respect of a Government ship in the service of the Board of Trade by a Secretary or Assistant Secretary to the Board of Trade on their behalf.

6. The person to whom the management of any Government ship in the service of the Board of Trade is entrusted by the Board of Trade shall be registered as provided by Section 59 (2) of the principal Act.

7. Where any Section of the Merchant Shipping Acts which by virtue of "The Merchant Shipping Act, 1906," and this Order in Council is applicable to Government ships in the service of the Board of Trade imposes any duty or liability or confers any right or power upon or contemplates any act being performed by the owner of a ship, such duty, liability, right, or power shall, subject always to the other provisions of this Order in Council, be carried out, borne, or exercised by the Board of Trade on behalf of His Majesty.

8. In this Order in Council the term "Merchant Shipping Acts" shall mean and include any of the Merchant Shipping Acts, any provision of which is by virtue of "The Merchant Shipping Act, 1906," and this Order applicable to Government ships.

9. Section 1 and Sections 8 to 12 of "The Merchant Shipping Act, 1894,'* and Sections 3 and 5 of "The Merchant Shipping (Mercantile Marine Fund) Act, 1898," shall not apply to Government ships in the service of the Board of Trade registered in pursuance of this Order: Provided always that no provision of the Merchant * Vol. LXXXVI, page 633. + Vol. XC, page 194.

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