17

H.—lo

Patents (temporary) Regulations, 19/J/. LIVE RPO 0 L, Gove mo r. ORDER IN COUNCIL. At the Government House, at Wellington, this fourteenth day of December, 1914. Present: His Excellency the Goveknok in Council. In pursuance and exercise of the power and authority conferred upon him by the Patents, Designs, and Trade-marks Amendment Act, 1914, and of all other powers enabling him in that behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following temporary regulations relating to patents; and doth declare that this Order shall come into force on the seventeenth day of December, one thousand nine hundred and fourteen. REGULATIONS. 1. The Governor in Council may, on the application of any person, and subject to such terms and conditions, if any, as he may think fit, order the avoidance or suspension, in whole or in part, of any patent or license granted to a subject of any State at war with His Majesty; and the Governor m Council, before granting any such application, may require to be satsified on the following heads : — (a.) That the patentee or licensee is the subject, of a State at war with His Majesty; (6.) That the person applying intends to manufacture, or cause to be manufactured, the patented article, or to carry on, or cause to be carried on, the patented process; (o.) That it is in the general interests of the country or of a section of the community or of a trade that such article should be manufactured or such process carried on as aforesaid. 2. The fee to be paid on any such application shall be that specified in the First Schedule to these rules, and the fee payable on depositing foreign documents or other papers for the purpose of a record not already provided for under the Patents, Designs, and Trade-marks Act, 1911, shall be that specified in the First Schedule to these rules. 3. An application under this section must be made on Patents Form No. 22 contained in the Second Schedule to these rules, and shall be filed at the Patont Office. 4. The Governor in Council may at any time, in his' absolute discretion, revoke any avoidance or suspension of any patent or license ordered by him. Such revocation may be subject to the right of any person or persons manufacturing the invention to continue to do so on the payment by the patentee to such person or persons of compensation for the stoppage of such manufacture. 5. For the purpose of exercising in any case the powers of avoiding or suspending a patent or license, the Governor in Council may appoint such person or persons as he shall think fit to hold an inquiry. 6. Any application to the Governor in Council for the avoidance or suspension of any patent or license may be referred for hearing and inquiry to such person or persons, who shall report thereon to the Governor in Council : Provided that the Governor may at any time, if in his absolute discretion ho deems it expedient in the public interest, order the avoidance or suspension in whole or in part of any such patent or license, upon such terms and conditions, if any, as he may think fit. 7. The Registrar may, at any time during the continuance of these rules, avoid or suspend any proceedings on any application made under the Patents, Designs, and Trade-marks Act, 1911, by a subject of any State at war with His Majesty. 8. The Registrar may also at any time during the continuance of these rules extend the time prescribed by the Patents', Designs, and Trade-marks Act, 1911, or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely : — (a.) Where it is shown to his satisfaction that the applicant, patentee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present, state of war which, in the opinion of the Registrar, would justify such extension : (b.) Where the doing of any act, would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant, patentee, or proprietor as aforesaid. 9. The term "person " used in these rules shall, in addition to the meaning given thereto by section 5 of the Interpretation Act, 1908, include any Government Department.

3—H. 10.