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111. (1.) The provisions of this Act conferring a 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 " respectively 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.

Part V. General.

General saving of Courts.

for jurisdiction

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

Part V. General.

Repeal and

a patent, design, or trade mark competent to those Courts;

(2.) The punishment for a misdemeanour 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 any person aggrieved, in the manner in which offences punishable on summary conviction may for the time being be prosecuted.

Repeal; Transitional Provisions; Savings. 113. The enactments described in the third saving for past schedule to this Act are hereby repealed.1 But this repeal of enactments shall not

operation of

repealed enactments, &c.

(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

1 See sec. 45 of the Act, and note thereto.

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 pro-
secution 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.

Part V. General,

registers to

be deemed

continued.

114. (1.) The registers of patents and of Former proprietors kept under any enactment repealed by this Act shall 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.

115. All general rules made by the Lord Saving for Chancellor or by any other authority under existing rules. any enactment 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

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Part V. General.

Saving for prerogative.

General definitions.

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.

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

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 Attorney-General, or Solicitor-General for England;

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of Her Majesty's Treasury;

"The Comptroller" means the Comptroller General of Patents, Designs and Trade Marks;

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"Prescribed ' means prescribed by any of the Schedules to this Act, or by general rules under or within the meaning of this Act;

"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 possessions; and where there are local legislatures as well as a central legislature, means the central legislature only.

66

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.

Part V. General.

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