I. — Loi du 25 août

Patents, designs and trade-marks act.

(25tii August 1883.)

PART III. — Designs.

Registration of designs,

47. — (1) The comptroUer may, on application by or on behalf of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design under this part of this Act.

(2) The application must be made in the form set forth in the first schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at, or sent by post to, the patent office in the prescribed manner.

(3) The application must contain a statement of the nature of the design, and the class or classes of goods in which the applicant desires that the design be registered.

(4) The same design may be registered in more than one class.

(5) In case of doubt as to the class in which a design ought to be registered, the comptroUer may décide the question.

(6) The comptroUer may, if he thinks fit, refuse to rester any design presented to him for registration, but any person aggrieved by any such refusai may appeal therefrom to the Board of Trade.

(7) The Board of Trade shall, if required, hear the applicant and the comptroUer, and may make an order determining whether, and subject to what conditions, if any, registration is to bepermitted.

Draivings, etc. to be furnished on application.

48. — (1) On application for registration of a design the applicant shall furnish to the comptroUer the prescribed number of copies of drawings photographs or tracings of the design sufRcient, in the opinion of the comptroUer, for cnabling him to identify the design ; or the applicant may, instead of such copies, furnish exact représentations or spécimens of the design.

(2) The comptroUer may, if he thinks fit, refuse any drawng photograph tracing représentation or spécimen whicli is not, in his opinion, suitable for the officiai records.

Certificate of registration,

49. — (1) The comptroUer shall grant a certificate of registration to the proprietor of the design when registered.

(2) The comptroUer may, in case of loss of the original certificate, or in any other case in which he deems it expédient, grant a copy or copies of the certificate.

(2) Before delivery on sale of any articles to which a régis-

Marking régis tered designs.

Inspection of registered designs.

Inforynation as to existence ofcopyricht.

53. — On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the comptroller to identify the design, and on pay-

ment of the described fee, it shall be the duty of the comptroUer to inform sucli person whether the registration still exists in respect of such design, and if so, in respect of what class or classes of goods, and stating also the date of registration, and the name and address of the registered proprietor.

54. — If a registered design is used in manufacture in any foreign country and is not used in this country within six months of its registration in this country, the copyi-ight in the design shall cease.

55. — (1) There shall be kept at the patent ojflîce a book called the Register of designs wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may from time to time be prescribed.

(2) The register of designs shall be prima fade évidence of any matters by this Act directed or authorized to be entered therein.

Fées,

56. — There shall be paid in respect of applications and registrations and other matters under this part of this Act such fées as may be from time to time, with the sanction of the Treasury, prescribed by the Board of Trade ; and such fées shall be levied and paid to the account of Her Majesty's Exchequer in such manner as tlie Treasury shall from time to time direct.

Industrial and international exhibitions.

57. — The exhibition at an industrial or international exhibition, certifîed as such by the Board of Trade, or the exhibition elsewhere during the period of the holding of the exhibition, without the privity or consent of the proprietor, of a design, or of any article to which a design is applied, or the publication,

during the holding of any such exhibition, of a description of a design, shall not prevent the design from being registered, or invalidate the registration thereof, provided that both the folio wing conditions are complied with ; namely, —

(a) The exhibitor must, before exhibiting the design or article, or publishing a description of the design, give the comptroUer the prescribed notice of his intention to do so ; and

(b) The application for registration must be made before or within six months from the date of the opening of the exhibition.

Légal proceedings.

Penalty on piracy of r^egistered design.

or written consent of the registered proprietor to apply such design or any fraudulent or obvions imitation thereof, in the class or classes of goods in which such design is registered, for purposes of sale to any article of manufacture or to any substance artificial or natural or partly artificial and partly natural; and

(6) It shall not be lawful for any person to publish or expose for sale any article of manufacture or any substance to which such design or any fraudulent or obvions imitation thereof shall hâve been so applied, knowing that the same has been so applied without the consent of the registered proprietor.

Any pereon who acts in contravention of this section shall be liable for every offence to forfeit a sum not exceeding fîfty pounds to the registered proprietor of the design, who may recover such sum as a simple con tract debt by action in any court of compétent jurisdiction.

Action for dainages.

59. — Notwithstanding the remedy given by this Act for the recovery of such penalty as aforesaid, the registered proprietor of any design may (if he elects to do so) bring an action for the recovery of any damages arising from the application of any such

design, or of any fraudulent or obvious imitation thereof for the purpose of sale, to any article of manufacture or substance, or from the publication, sale or exposure for sale by any person of any article or substance to which such design or any fraudulent or obvious imitation thereof shall hâve been so applied, such person knowing that the proprietor had not given his consent to such application.

Définitions.