108. that he is carrying on his trade, business, calling, or SECTS. 107, profession by or under such authority as aforesaid, shall be liable on summary conviction to a fine not exceeding twenty pounds. As to summary conviction in Scotland, see sect. 108; in the Isle of Man, see sect. 112; and in Ireland, see sect. 117. The royal arms, or arms so nearly resembling them as to deceive, will not be registered as a new trade mark; see Instruction 30. Scotland; Ireland; &c. courts in 107. In any action for infringement of a patent in Saving for Scotland the provisions of this Act, with respect to Scotland. calling in the aid of an assessor, shall apply, and the action shall be tried without a jury, unless the court shall otherwise direct; but otherwise nothing shall affect the jurisdiction and forms of process of the courts in Scotland in such an action or in any action or proceeding respecting a patent hitherto competent to those courts. For the purposes of this section "court of appeal ". shall mean any court to which such action is appealed. Since the term "court of appeal" is not previously used in the section, the object of the last clause is not apparent. By sect. III the term "the court" as applied to Scotland is defined as any Lord Ordinary of the Court of Session, and the term "court of appeal " as either division of the said court. proceedings 108. In Scotland any offence under this Act de- Summary clared to be punishable on summary conviction may in Scotland. be prosecuted in the sheriff court. SECTS. 109, Proceedings for revocation of patent in Scotland. Reservation of remedies It is an offence punishable on summary conviction for any person to describe a trade mark as registered which is not so (see sect. 105), or to assume without authority the royal arms in such a manner as to lead other persons to believe that he is carrying on his trade under such authority: sect. 106. 109. (1.) Proceedings in Scotland for revocation of a patent shall be in the form of an action of reduction at the instance of the Lord Advocate, or at the instance of a party having interest with his concurrence, which concurrence may be given on just cause shown only. (2.) Service of all writs and summonses in that action shall be made according to the forms and practice existing at the commencement of this Act. 110. All parties shall, notwithstanding anything in Ireland. in this Act, have in Ireland their remedies under or in respect of a patent as if the same had been granted to extend to Ireland only. General saving for of courts. 111. (1.) The provisions of this Act conferring a jurisdiction special jurisdiction on the court as defined by this Act, shall not, except so far as the jurisdiction extends, affect the jurisdiction of any court in Scotland or Ireland in any proceedings relating to patents or to designs or to trade marks; and with reference to any such proceedings in Scotland, the term the court" shall mean any Lord Ordinary of the Court of Session, and the term "court of appeal" shall mean either division of the said court; and with reference to any such proceedings in Ireland, the terms "the court" and "the court of appeal" re- SECT. 112. spectively mean the High Court of Justice in Ireland and her Majesty's Court of Appeal in Ireland. (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. "The court," as defined by this Act, means (subject to the provisions for Scotland, Ireland, and the Isle of Man) her Majesty's High Court of Justice in England: see sect. 117. As to notification of orders to Comptroller, see Rule 44. 112. This Act shall extend to the Isle of Man, Isle of Man. and (1.) Nothing in this Act shall affect the jurisdiction of the courts in the Isle of Man, in proceedings for infringement or in any action or proceeding respecting a patent, design, or trade mark competent to those courts; (2.) The punishment for a misdemeanor under this Act in the Isle of Man shall be imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding one hundred pounds, at the discretion of the court; (3.) 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 SECT. 113. any person aggrieved, in the manner in which offences punishable on summary conviction may for the time. being be prosecuted. Repeal and saving for, past operation of repealed enactments, &c. It is a misdemeanor under the Act to make or to cause to be made a false entry in any register kept thereunder or a writing falsely purporting to be a copy of an entry in any such register see sect. 93. It is an offence punishable on summary conviction for any person to describe a trade mark as registered which is not so (see sect. 105), or to assume without authority the royal arms in such a manner as to lead other persons to believe that he is carrying on his trade under such authority: sect. 106. Repeal; Transitional Provisions; Savings. 113. The enactments described in the third schedule to this Act are hereby repealed. But this repeal of enactments shall not (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 115. (c.) Take away or abridge any protection or bene- SECTS. 114, fit in relation to any such action or proceeding. The date of the commencement of the Act is December 31, 1883 see sect. 3. The Register of Trade Marks kept under the Act of 1875, hereby repealed, is to be deemed part of the new register established under sect. 78. registers to continued, 114. (1.) The registers of patents and of proprietors Former kept under any enactment repealed by this Act shall be deemed respectively be deemed parts of the same book as the register of patents kept under this Act. (2.) The registers of designs 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. The register of trade marks existing at the date of the passing of this Act was that established by sect. I of the Act of 1875 under the superintendence of the Commissioners of Patents. As to registration under this Act see sect. 78, and Rules 30 et seq. existing 115. All general rules made by the Lord Chancellor Saving for or by any other authority under any enactment repealed rules. 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, |