134 
are neither resident nor carrying on business in the 
enemy country. In the case of incorporated bodies, 
enemy character attaches only to those incorporated 
in an enemy country. 
(Gewerblicher Rechtsschutz und Urheberrecht 1915, S. 93.) 
Nen-Seeland. 
IV ar Measures. Patents, Designs and 
Trade Marks Acts and Regulation s, 
Effective Not. 2, 1914. 
In the Patent Office Journal (New 
Z e a 1 a n d), 659, appears the text of the Patents, 
Designs, and Trade Marks Amendment Act, 1914 
No. 48), of Nov. 2, 1914, amending and becoming 
part of the Patents, Designs, and Trade Marks Act., 
1911. It empowers the Governor, by Order in Council, 
to make necessary regulations for (a) avoiding enemy 
Patents or licenses; (b) avoiding or suspending regi- 
strations of and resulting rights in enemy owned 
designs or trade marks; (c) avoiding or suspending any 
application made under the combined Acts, now 
known as the „principal Act“; (d) the licencing or 
granting to other persons of such avoided or sus- 
pended rights; and (e) extending such terms for legal 
compliance with the principal Act as may be needed, 
The grantee of a patent under this Act shall be con- 
sidered to he the person entitled to the benefit of the 
patent, save proof to the contrary, when, in the appli 
cation, he is declared the Dominee or assignee of the 
Inventur or bis legal snccessor. 
For the purposes of this Act, an enemy is defined 
substantially as in the corresponding British Act. 
Regulations may retroact to the date of this Act; 
and the Act and its regulations shall continue in force 
until six months after the dose of the war. 
By virtue of this Act the Governor on Dec. 14 
1914, issued Patents (Temporary) Regulations, 1914, 
effective Dec. 17, 1914, providing that before avoi- 
dance or Suspension—according to the Act — the 
Governor in Council may require to be satisfied (a) 
that the patentee or licence be an enemy; (b) that 
the applicant for license intends to exploit the license 
or right; and (c) whether it be to the genoral Interests 
of the country or of the Community that such article 
be manufactured or such process carried on. Avoi- 
dance or Suspension may be revoked, or the patentee 
may be required to compensate for his restored rights. 
In addition Provision is made regarding the fees, forms 
and procedure required. 
The Registrar of the Patent Office is empowered 
to make such necessary rules and provisions as result 
from the state of war to safeguard the rights of 
applicants and beneficiaries under the Act, and to 
graut extensions or suspend rules for reasons due to 
the state of war. 
At the same time Trade Marks (Temporary) 
Regulations, 1914, were issued, relating to the avoi- 
dance or Suspension of trade marks, by which the 
Governor in Council before so acting may require 
proof that (a) the proprietor of the marks is the Sub 
ject of an enemy State; (b) that the applicant intends 
to manufacture or cause to manufacture the articles in 
respect of which the trade mark is registered; and (c) 
that such avoidance or Suspension is for the public 
good. Additional powers of the Governor in Council 
and the procedure to be followed, as well as certain 
discretionary powers of the Registrar, are analogous 
to those contained in the above Patents (Temporary) 
Regulations. 
In the Patent Office Journal (New Zealand). 
666, under „Procedure to be followed . . . under the 
above Regulations“, it is provided under (5) as follows: 
„As regards inventions for which patents are applied 
for by the nominee or assignee of the inventor, or 
some persons deriving the invention from such actual 
'nventor, fliese will be treated in the same manner as 
if made directly by the inventor.“ 
(Gewerblicher Rechtsschutz und Urheberrecht 1915, S. 94.)