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the said Additional Act, and an English translation of the said Additional Act is set forth in the schedule to the Order in Council now in recital;
And whereas the Republic of Hayti having duly acceded to the said Additional Act, the said Order in Council of the 7th day of March, 1898, was by Order in Council of the 19th day of May, 1898, extended to the said Republic;
And whereas the Empire of Japan, the Kingdom of Denmark, and the Faroe Islands, and the Republic of Liberia, having duly acceded to the said Berne Convention and the said Additional Act, the said Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, were by Orders in Council dated respectively the 8th day of August, 1899, the 9th day of October, 1903, and the 21st day of December, 1908, extended to the said Empire of Japan, the said Kingdom of Denmark, and the Faroe Islands, and the said Republic of Liberia ;
And whereas the Principality of Montenegro having duly denounced the said Berne Convention, the said Order in Council of the 16th day of May, 1893, was revoked by an Order in Council of the 8th day of August, 1899, and the provisions of the said Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, have ceased to apply to the said Principality of Montenegro;
And whereas the foreign countries following, namely, Luxemburg, Monaco, Norway, Japan, Denmark and the Faroe Islands, Sweden, and Liberia, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council of the 28th day of November, 1887;
And whereas it has been intimated to His Majesty's Government that the Government of Germany have notified their accession for and on behalf of the German Protectorates to the said Berne Convention, and the said Additional Act, such accession to take effect from the 1st day of January, 1909;
And whereas His Majesty in Council is satisfied that the said Government of Germany has made such provisions as it appears to His Majesty expedient to require for the protection in the said German Protectorates of authors' works first produced in His Majesty's Dominions:
Now therefore His Majesty, by and with the advice of His Privy Council and by virtue of the authority committed to Ilis Majesty by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows:
1. From and after the commencement of this Order the hereinbefore recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall extend to the German Protectorates.
2. This Order shall come into operation as from the 1st day of January, 1909, which date is hereinbefore referred to as the commencement of this Order.
3. And the Lords Commissioners of His Majesty's Treasury are to give the necessary orders herein accordingly.
A. W. FITZROY.
BRITISH ORDER IN COUNCIL applying the Provisions of Section 91 of "The Patents and Designs Act, 1907," to Austria-Hungary.-London, May 17, 1909.*
At the Court at Buckingham Palace, the 17th day of May, 1909. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by section 91 of "The Patents and Designs Act, 1907," it is enacted as follows:
91.-(1.) If His Majesty is pleased to make any arrangement with the Government of any foreign State for mutual protection of inventions, or designs or trade-marks, then any person who has applied for protection for any invention, design, or trademark in that State shall be entitled to a patent for his invention or to registration of his design or trade-mark under this Act, or "The Trade-Marks Act, 1905," in priority to other applicants; and the patent or registration shall have the same date as the date of the application in the foreign State:
(a.) The application is made in the case of a patent within twelve months, and in the case of a design or trade-mark within four months, from the application for protection in the foreign State; and
(b.) Nothing in this section shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the actual date on which his complete specification is accepted, or his design or trade-mark is registered, in this country.
(2.) The patent granted for the invention or the registration of a design or trade-mark shall not be invalidated
(a.) In the case of a patent, by reason only of the publication of a description of, or use of, the invention; or
(b.) In the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design; or
(c.) In the case of a trade-mark, by reason
the trade mark,
in the United Kingdom or the Isle of Man d specified in this section as that within which the be made.
"London Gazette," May 21, 1909.
(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 "The Trade-Marks Act, 1905": Provided that
(a.) In the case of patents the application shall be accompanied by a complete specification, which, if it is not accepted within the twelve 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
(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."
(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.
(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, and trademarks, 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 (Amended 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 said last-mentioned 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 day of 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 day of March, 1883,† and duly ratified on the 6th day of 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 day of April, 1884 ; And whereas on the 14th December, 1900,‡ an Additional Act
+ Vol. LXXIV, Vol. XCII, page 807.
Vol. LXXV, page 414.
was agreed upon between Her late Majesty Queen Victoria and the Governments 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 ratifications of which Additional Act were duly effected, except as regards the Dominican Republic and Servia;
And whereas, by various Orders in Council, Her late Majesty Queen Victoria and His present Majesty have been pleased to declare that the hereinbefore mentioned provisions of the said "Patents, Designs, and Trade-Marks Act, 1883" (as amended), should apply to the several foreign countries named in the said Orders, parties to the said Convention and Protocols;
And whereas by section 98 of the said "Patents and Designs Act, 1907," any Conventions, Orders in Council, Rule, or Table of Fees, having effect under any enactment repealed by the said section, is to continue in force and is not to be affected by the said section;
And whereas on the 1st day of January, 1909,* AustriaHungary duly acceded to the said International Convention, Protocol, and Additional Act:
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 delare, and it is hereby declared, as follows:
1. The provisions of section 91 of "The Patents and Designs Act, 1907," shall apply to Austria-Hungary.
This Order shall take effect from the 1st day of January,
A. W. FITZROY.
BRITISH ORDER IN COUNCIL putting an end to the Jurisdiction of the International Court in Siam in the States of Kelantan, Trengganu, Kedah, Perlis, and the adjacent Islands.-London, June 28, 1909.+
At the Court at Buckingham Palace, the 28th day of June, 1909
WHEREAS by Treaty, grant, usage, suffera lawful means, His Majesty the King has power
with the dominions of the King of Siam;
See page 161.
+"London Gazette," Ju
And whereas the exercise of the power and jurisdi aforesaid is now regulated by "The Siam Order in Cou 1906;*
And whereas by a Treaty between His Majesty the King His Majesty the King of Siam, signed in Bangkok the 10th of March, 1909,† the States of Kelantan, Trengganu, Ke Perlis, and the adjacent islands were transferred to Government of His Majesty, the frontiers of the said territo being defined in the Boundary Protocol annexed to the Treaty;
And whereas by Article V of the said Treaty it was agi that the jurisdiction of the Siamese International Co established by Article VIII of the Treaty of the 3rd Septem 1883, between Her late Majesty Queen Victoria and Majesty the King of Siam should, under the conditions defi in the Jurisdiction Protocol annexed to the said recited Tre of the 10th March, 1909, and printed in the schedule to Order, be extended to all British subjects in Siam registered the British Consulates before the date of the said Treaty, that this system should come to an end, and the jurisdict of the International Courts should be transferred to the ordin Siamese Courts after the promulgation and the coming i force of the Siamese codes, namely, the Penal Code, the C and Commercial Codes, the Codes of Procedure, and the L for organization of Courts, and that all other British subje in Siam should be subject to the jurisdiction of the ordina Siamese Courts under the conditions defined in the s Jurisdiction Protocol:
Now, therefore, His Majesty, by virtue and in exercise of t powers in this behalf by "The Foreign Jurisdiction Act, 189 or otherwise in His Majesty vested, is pleased, by and with t advice of his Privy Council, to order, and it is hereby ordered follows:
1. This Order may be cited as 66 The Siam Order in Counc 1909," and shall be read as one with "The Siam Order in Counc 1906," hereinafter called the "Principal Order."
2. From and after the commencement of this Order t Principal Order shall, except as regards any judicial matte pending in any Court established by the Principal Order on t day above mentioned, cease to be in force and operation in t States of Kelantan, Trengganu, Kedah, Perlis, and the adjace islands, being the territories transferred to the control of H Majesty's Government, the frontiers whereof are defined by t Boundary Protocol annexed to the said Treaty.
3. With respect to any civil or criminal case arising with the limits of the Principal Order, elsewhere than in the distric referred to in Article 2, between British subjects who wer registered at the date of the said Treaty in accordance wit
+ See page 126.
Vol. XCIX, page 408.
Vol. LXXIV, page 78.