PART L SUPPLEMENT TO were not contained in them), his Lordship observed: "The plaintiffs say we are foreigners, and this part of the Act does not apply to articles published abroad. Why not? What is there to say that it means published within England or Ireland? What power has the court to introduce into the Act these words, which relate to all foreigners as well as to all Englishmen? I am of opinion that the condition, the performance of which is necessary, is just as general as the benefit given by the Act, and that if a foreigner choose to take the benefit of this statute, he must comply with its conditions, and put on the registered article the letters "R," and if he do not, he loses the benefit of the Act. It is not of the slightest importance whether the sale is at Calais or at Dover: the spirit, the meaning, and the words of the Act are clear, and they apply to every person and to every place." A bill to restrain the infringement of the copyright in a registered design is not, however, demurrable for want of an allegation that the letters "Ra," had been attached to every article. (a) Where the inventor of new designs published and sold them in a book, registered under the 5 & 6 Vict. c. 100, and containing a notice that persons wishing to manufacture them for purposes of sale, must have the inventor's permission, it was held that the book did not require to be stamped with the letters "Rd," under sect. 4 of the Act.(b) It was held by the majority of the Court of Queen's Bench (Lord Campbell, C.J., and Wightman, J.; dissentiente Coleridge, J.), in the case of Heywood v. Potter, (c) that the sale of patterns only of certain small pieces of paperhangings containing the whole design, registered under 5 & 6 Vict. c. 100, but not bearing the letters "Rd," disentitled the proprietor to protection against parties copying the design from such pattern pieces, and publishing articles with such design applied to them. The majority of the court considered that these pattern pieces were "articles of manufacture" within sect. 4 of the Act, and that every article, containing the design secured, should, if put forth by the manufacturer in the ordinary course of trade, contain the mark intended to be a caution to the public that the design of the article had been secured to the proprietor by registration. Lord Campbell said he could not see that (a) Sarazin v. Hamel (32 Beav. 145, 151; 7 L. T. N. S. 660; 32 L. J. 370, Ch.). (b) De la Branchardière v. Elvery (4 Exch. 380; 18 L. J. 381, Ex.). (c) 1 E. & Bl. 439; 22 L. J. 133, Q. B. PART I, any limit was fixed to the size of the article so put forth. SUPPLEMENT TO Coleridge, J., on the other hand, considered that these pieces, sold merely as patterns, could not properly be considered as paper hangings. "There is," he said, a broad distinction, as it seems to me, between the pattern of an article and the article itself; between what is the ordinary subject of trade and what is put forth, as it were, to induce' such trade." Sect. 4 of 21 & 22 Vict. c. 70, now provides that nothing in the 4th section of the Copyright of Designs Act, 1842, shall extend or be construed to extend to deprive the proprietor of any new and original design, applied to ornamenting any article of manufacture contained in the 10th class, of the benefits of the Copyright of Designs Acts, or of this Act, provided there shall have been printed on such articles, at each end of the original piece thereof, the name and address of such proprietor, and the word "Registered," together with the years for which such design was registered. models, and We have already seen (a) that any sculpture, model, Sculpture, copy, and cast, within the protection of the Sculpture Copy-casts. right Acts, may be registered under the Design Acts. In the case of such designs it is not necessary to put on any mark after registration, but merely the word "Registered, and the date of registration. (b) of designs. For the purpose of carrying into effect the provisions of Appointment of the Copyright of Designs Acts, the Lords of the Committee registrar, &c., of the Privy Council for the consideration of all matters of trade and plantations are empowered to appoint a person to be a registrar of designs for articles of manufacture, and, if they see fit, an assistant registrar, and other necessary officers and servants; and such registrar, assistant registrar, officers, and servants, are to hold their offices during the pleasure of the Lords of the said Committee; and such registrar is to have a seal of office. The Commissioners of the Treasury may from time to time fix the salary or other remuneration of such registrar, assistant registrar, and other officers and servants. (c) The Lords of the said Committee may, subject to the provisions of the Acts, make rules for regulating the execution of the duties of the office of the registrar.(d) (a) Ante, p. 125. (b) See 13 & 14 Vict. c. 104, s. 6, and the directions issued by the Board of Trade for registration of designs, set out in the Appendix, post. (c) 6 & 7 Vict. c. 65, s. 7, repealing in part 5 & 6 Vict. c. 100, s. 14. (d) 5 & 6 Vict. c. 100, s. 14. The directions issued by the Board of Trade for registering designs will be found in the appendix to this work. SUPPLEMENT TO PART 1. Registrar's 2nd. As to designs for purposes of utility. The Board of Trade may also from time to time make, alter, and revoke rules and regulations with respect to the mode of registration, and the documents and other matters and particulars to be furnished by persons effecting registration and provisional registration under these Acts, or under 13 & 14 Vict. c. 104. (a) All such rules and regulations are to be published in the London Gazette, and forthwith upon the issuing thereof to be laid before Parliament, if Parliament be sitting, and if Parliament be not sitting, then within fourteen days after the commencement of the then next session.(b) Such rules and regulations, or any of them, are also to be published or notified by the registrar of designs in such other manner as the Board of Trade shall think fit to direct. (c) The registrar is not to register any design in respect of any application of it to purposes of ornament, unless he is furnished, (d) in respect of each such application, with two copies, drawings, or prints of the design, accompanied with the name of every person who claims to be proprietor, or of the style or title of the firm under which such proprietor may be trading, with his place of abode or place of carrying on his business, or other place of address, and the number of the class in respect of which such registration is made. The registrar is to register all such copies, drawings, or prints, from time to time successively, as they are received by him for that purpose; and on every such copy, drawing, or print to affix a number corresponding to such succession. He is also to retain one copy, drawing, or print, and to file it in his office, and return the other to the person by whom it has been forwarded to him; and, in order to give ready access to the copies of designs so registered, he is to class such copies of designs, and keep a proper index of each class.(e) The registrar is not to register any design for the shape or coufiguration of any article of manufacture, unless he be furnished with two exactly similar drawings or prints of such design, with such description in writing as may be necessary to render the same intelligible according to his judgment, together with the title of the design, and the name of every person who claims to be proprietor, or of the style or title of the firm under which such proprietor may be trading, with his place of abode, or place of carrying on business, or other place of address.(ƒ) (b) Ib. (a) 13 & 14 Vict. c. 104, s. 10. (c) Ib. (ƒ) 6 & 7 Vict. c. 65, s. 8. PART I. Every such drawing or print, together with the title and SUPPLEMENT TO description of the design, and the name and address of the proprietor, are to be on one sheet of paper or parchment, and on the same side thereof: the size of the sheet is not to exceed twenty-four inches by fifteen inches, and there is to be left on one of the said sheets a blank space on the same side on which are the said drawings, title, description, name, and address, of the size of six inches by four inches, for the certificate herein mentioned. The drawings or prints are to be made on a proper geometric scale; and the description must set forth such part or parts of the design (if any) as shall not be new or original. (a) The registrar is to register all such drawings or prints from time to time as they are received by him for that purpose; and on every such drawing or print to affix a number corresponding to the order of succession in the register, and retain one drawing or print, which he is to file at his office, and return the other to the person by whom it has been forwarded to him; and, in order to give a ready access to the designs so registered, he is to keep a proper index of the titles thereof.(b) design. Upon every copy, drawing, or print of an original design Certificate of so returned to the person registering as aforesaid, or registration of attached thereto, and upon every copy, drawing, or print thereof received for the purpose of such registration, or of the transfer of such design being certified thereon or attached thereto, the registrar is to certify under his hand that the design has been so registered, the date of such registration, and the name of the registered proprietor, or the style or title of the firm under which such proprietor may be trading, with his place of abode or place of carrying on his business, or other place of address, and also the number of such design, together with such number or letter, or number and letter, and in such form as shall be employed by him to denote or correspond with the date of such registration. (c) Such certificate made on every such original design, or what certificate on such copy thereof, and purporting to be signed by the proves. registrar or deputy registrar, and purporting to have the seal of office of such registrar affixed thereto, is, in the absence of evidence to the contrary, to be sufficient proofOf the design, and of the name of the proprietor therein mentioned, having been duly registered; and Of the commencement of the period of registry; and (a) 6 & 7 Vict. c. 65, s. 8. (b) Ib. (c) 5 & 6 Vict. c. 100, s. 16; 6 & 7 Vict. c. 65, s. 6. SUPPLEMENT TO Power to dispense with drawings, &c., Of the person named therein as proprietor being the proprietor; and Of the originality of the design; and Of the provisions of this Act, and of any rule under which the certificate appears to be made, having been complied with: And any such writing purporting to be such certificate is, in the absence of evidence to the contrary, to be received as evidence, without proof of the handwriting of the signature thereto, or of the seal of office affixed thereto, or of the person signing, the same being the registrar or deputy registrar. (a) If in any case in which the registration of a design is required to be made under either of the Designs in certain cases Acts, it appears to the registrar that copies, drawings, or prints, as required by those Acts, cannot be furnished, or that it is unreasonable or unnecessary to require them, he may dispense with such copies, drawings, or prints, and may allow in lieu thereof such specification or description, in writing or in print, as may be sufficient to identify and render intelligible the design in respect of which registration is desired. Whenever registration shall be so made in the absence of such copies, drawings, or prints, the registration is to be as valid and effectual to all intents and purposes as if such copies, drawings, or prints had been furnished.(b) Discretionary power as to registry vested in the registrar. Appeal to Privy If any design is brought to the registrar to be registered under 5 & 6 Vict. c. 100, and it appears to him that it ought to be registered under 6 & 7 Vict. c. 65, he may refuse to register it otherwise than under the latter Act, and in the manner thereby provided. (c) If it appear to him that the design brought to be registered under either Act is not intended to be applied to any article of manufacture, but only to some label, wrapper, or other covering in which such article might be exposed for sale, or that the design is contrary to public morality or order, he may also, in his discretion, wholly refuse to register the design. (d) The Lords of the Committee of Privy Council may, however, on representation made to them by the proprietor of any design so wholly refused to be registered, if they shall see fit, direct the registrar to register such design; whereupon he is required by the Act to register the same accordingly.(e) (a) 5 & 6 Vict. c. 100, s. 16; 6 & 7 Vict. c. 65, s. 6. (e) 6 & 7 Vict. c. 65, s. 9. (d) lb. () 16. |