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 registrations
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 suspended
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 considered
to he the person entitled to the benefit of the
patent, save proof to the contrary, when, in the application,
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 avoidance
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. Avoidance
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 avoidance
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 Subject
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.)
