ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

SECTION

PART II
PATENTS

Application for and Grant of a Patent

Term of Patent

Restoration of Lapsed Patents and Patent Applications

Amendment of Specification

Rights Conferred by the Patent

Revocation and Surrender of Patents

Obtaining of Inventions

Co-ownership of Patents

Proceedings for Infringements, etc.

International Agreements, etc.

Register of Patents

PART III
DESIGNS

Provision for the Creation of Design Copyright

Effect of Registration, etc.

Deposit List, etc.

PART IV
GENERAL PROVISIONS RELATING TO PATENTS AND DESIGNS

Industrial Property Department

Fees

Provisions as to Register, Deposit List and other
Documents in Industrial Property Office

Evidence, etc.

Powers and duties of Registrar General

Agents for Patents

Offences

Power of Minister to make Rules

Supplemental

Appeals

General International Arrangements

PART V
FALSE TRADE DESCRIPTIONS

PART VI
REPEALS AND TRANSITIONAL PROVISIONS

SCHEDULE - Transitional Provisions.

CHAPTER 324

INDUSTRIAL PROPERTY

[Assent 21st December, 1965]
[Commencement 18th December, 1970]

"article" means (as respects designs) any article of manufacture and includes any part of an article if that part is made and sold separately;

"assignee" includes the personal representatives of a deceased assignee and references to the assignee of any person include references to the assignee of the personal representatives or assignee of that person;

"Court" means the Supreme Court and includes a judge of the Court sitting in chambers;

"date of application", in relation to any document filed under this Act, means the date on which the document is filed or, where it is deemed by virtue of any provision of this Act or of rules made thereunder to have been filed on any different date, means the date on which it is deemed to be filed;

"design" has the meaning assigned to it by subsection (1) of section 30 of this Act;

"exclusive licence" means (as respects patents) a licensee from a patentee which confers on the licensee and persons authorised by him to the exclusion of all other persons (including the patentee), any right in respect of the patented invention and "exclusive licensee" shall be construed accordingly;

"journal" means the official periodical journal provided for by section 45 of this Act;

"Minister" means the Minister responsible for Copyright, Patents and Trade Marks;

"patent" means Letters Patent for an invention;

"patent of addition" means a patent granted in accordance with section 14 of this Act;

"patentee" means the person or persons for the time being entered on the register of patents as grantee or proprietor of the patent;

"prescribed" means prescribed by rules made by the Minister under this Act;

"priority date" (in relation to patents) has the meaning assigned to it by section 8 of this Act;

"priority date of the claim" (in relation to designs) has the meaning assigned to it by section 39 of this Act;

"proprietor" (in relation to designs) has the meaning assigned to it by section 32 of this Act;

"state of the art" has the meaning assigned to it by section 4 of this Act.

(2) An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry including agriculture.

(2) In this Act the expression the "state of the art" shall be held to comprise everything made available to the public in The Bahamas or elsewhere by means of written or oral description, by use or in any other way before the date of filing of the application for a patent or the priority date validly claimed in respect thereof.

(3) An invention shall not be considered to have been made available to the public solely by reason of the fact that within the period of six months preceding the filing of the patent application the inventor or his successor in title has exhibited it at an exhibition certified by the Registrar General for the purposes of this subsection.

and may be made by that person either alone or jointly with any other person.

(2) Without prejudice to the foregoing provisions of this section, an application for a patent for an invention in respect of which protection has been applied for in a convention country may be made by the person by whom the application for protection was made or by the assignee of that person and convention priority as hereinafter provided may be claimed in respect of such an application for a patent:

Provided that no application shall be made by virtue of this subsection after the expiration of twelve months from the date of the application for protection in a convention country or where more than one such application for protection has been made, from the date of the first application.

(3) An application for a patent may be made under subsection (1) or subsection (2) of this section by the personal representatives of any deceased person who, immediately before his death, was entitled to make such an application.

(2) If the application is made under subsection (1) of section 5 of this Act by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application or within such period as may be prescribed after the filing of the application a declaration signed by the person claiming to be the true and first inventor or his personal representative, stating that he assents to the making of the application.

(3) Every application shall name the person claiming to be the true and first inventor who shall have the right to be mentioned as such in the patent.

(4) Every application in respect of which a claim for convention priority is made shall be accompanied by a written declaration by the applicant specifying the date and number of the earlier application, the country in which such application was made as well as, within a maximum period of three months from the date of the later application, a copy of the earlier application certified as correct by the authority which received the application.

(5) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single application may be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection:

Provided that the requirements of subsection (4) of this section shall in the case of any such application apply separately to the applications for protection in respect of each of the said inventions.

(2) Drawings may, and shall if the Registrar General so requires, be supplied for the purposes of any specification and any drawings so supplied shall, unless the Registrar General otherwise directs, be deemed to form part of the specification.

(3) Every specification-

(4) The claim or claims of a specification must relate to a single invention, must be clear and succinct and must be fairly based on the matter disclosed in the specification.

(5) Subject to the foregoing provisions of this section a specification describing and claiming an invention in respect of which convention priority is sought may describe and claim developments of or additions to the said invention being developments or additions in respect of which the applicant is entitled to apply for a patent in accordance with the provisions of section 5 of this Act.

(2) The priority date to which the applicant claims to be entitled shall be stated in the specification in such manner as may be prescribed.

(3) Where convention priority is claimed and a claim of the specification is fairly based on the matter disclosed in the relevant application for protection in a foreign country, the priority date of that claim shall be the date of that application.

(4) In all other cases the priority date of a claim shall be the date of filing of the specification.

he shall refuse the application.

An appeal shall lie from any decision of the Registrar General under this section.

(2) If examination reveals that an application for a patent relates to more than one invention, the applicant may divide the application into a certain number of divisional applications and preserve as the date of each the date of the initial application and the benefit of the right of convention priority, if any.

(3) The applicant may also, in accordance with rules made under this Act, on his own initiative divide a patent application and preserve as the date of each divisional application the date of the initial application and the benefit of the right of convention priority, if any.

(4) If the provisions of subsections (4) and (5) of section 6 of this Act have not been complied with an applicant shall not be entitled to convention priority but may nevertheless claim priority based on the date of application in The Bahamas.

(5) If the Registrar General is of the opinion or if, after reference to an examiner, such examiner reports, that the application and the specification filed in pursuance thereof do not comply with the requirements of this Act or of the rules made thereunder, or that there is lawful ground of objection to the grant of a patent in pursuance of the application the Registrar General may either-

(6) At any time after the application has been filed under this Act and before the acceptance of the specification the Registrar General may at the request of the applicant and upon payment of the prescribed fee, direct that the application shall be post-dated to such date as may be specified in the request:

Provided that-

(7) Rules made by the Minister under this Act may make provision for securing that where, at any time after an application has been filed under this Act and before the acceptance of the specification a fresh application is filed in respect of any part of the subject-matter of the first-mentioned application, the Registrar General may direct that the fresh application shall be ante-dated to a date not earlier than the date of filing of the first-mentioned application.

(8) An appeal shall lie from any decision of the Registrar General under subsection (5) of this section.

(2) Subject to the provisions of subsection (1) of this section the specification filed in pursuance of an application for a patent may be accepted by the Registrar General at any time after the applicant has complied with the requirements mentioned in that subsection, and if not so accepted within the period allowed under that subsection for compliance with those requirements, shall be accepted as soon as may be thereafter.

(3) On the acceptance of a specification the Registrar General shall give notice to the applicant, and shall advertise in the journal the fact that the specification has been accepted and the date on which the application and the specification filed in pursuance thereof will be open to public inspection.

(4) Any reference in this Act to the date of the publication of a specification shall be construed as a reference to the date advertised as aforesaid.

(5) After the date of publication of a specification and until the issue of a patent in respect thereof, the applicant shall have the like privileges and rights as if a patent for the invention had been issued on the date of the publication of the specification:

Provided that an applicant shall not be entitled to institute any proceedings for infringement until the patent has been issued.

(2) A request under this section for the issue of a patent shall be accompanied by the prescribed fee and shall be made not later than the expiration of four months from the date of the publication of the specification:

Provided that-

Provided that no proceeding shall be taken in respect of an infringement committed before the date of the publication of the specification.

(2) The date of every patent shall be entered in the Register of Patents.

(3) Except as otherwise provided by this Act the term of every patent shall be sixteen years from the date of the patent.

(4) If it is desired at the expiration of the fourth year from the date of a patent or of any succeeding year during the term of the patent to keep the patent in force, the prescribed renewal fee shall be paid by filing the prescribed form before the expiration of that year.

(5) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee if that fee is not paid within the prescribed period or within that period as extended under this section.

(6) The period prescribed for the payment of any renewal fee shall be extended to such period, not being more than six months longer than the prescribed period, as may be specified in a request made to the Registrar General if the request is made and the renewal fee and any prescribed additional fee paid before the expiration of the period so specified.

(2) Subject to the provisions of this section, where an invention being an improvement in or modification of another invention is the subject of an independent patent and the patentee of that patent is also the patentee in respect of the patent for the main invention, the Registrar General may, if the patentee so requests, by order revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked.

(3) A patent shall not be granted as a patent of addition unless the date of filing of the specification was the same as or later than the date of filing of the specification in respect of the main invention.

(4) A patent of addition shall not be granted before the grant of the patent for the main invention.

(5) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as is unexpired and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer:

Provided that if the patent for the main invention is revoked under this Act, the Court may order that the patent of addition shall become an independent patent for the remainder of the term of the patent for the main invention, and thereupon the patent shall continue in force as an independent patent accordingly.

(6) No renewal fees shall be payable in respect of a patent of addition; but, if any such patent becomes an independent patent by virtue of an order under subsection (5) of this section, the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.

(7) The validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of an independent patent.

(8) An appeal shall lie from any decision of the Registrar General under this section.

that the failure was unintentional and that no undue delay has occurred in the making or prosecution of the application, he shall by order restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of the patent.

(2) An application under this section may be made by the person who was the patentee or by his personal representative, and where the patent was held by two or more persons jointly, the application may, with the leave of the Registrar General, be made by one or more of them without joining the others.

(3) An application under this section shall contain a statement (to be verified in such manner as may be prescribed) fully setting out the circumstances which led to the failure to pay the renewal fee; and the Registrar General may require from the applicant such further evidence as he may think necessary.

(4) If after hearing the applicant (if the applicant so required or the Registrar General thinks fit) the Registrar General is satisfied that a prima facie case has been made out for an order under this section, he shall advertise the application in the journal; and within the prescribed period any person may give notice to the Registrar General or opposition thereto on either or both of the following grounds-

(5) If notice of opposition is given within the period aforesaid, the Registrar General shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

(6) If no notice of opposition is given within the period aforesaid or if, in the case of opposition, the decision of the Registrar General is in favour of the applicant, the Registrar General shall upon payment of any unpaid renewal fee and such additional fee as may be prescribed, make the order in accordance with the application.

(7) An order under this section for the restoration of a patent-

and if any condition of an order under this section is not complied with by the patentee, the Registrar General may, after giving to the patentee an opportunity to be heard, revoke the order and give such directions consequential on the revocation as he thinks fit.

(8) An appeal shall lie from any decision of the Registrar General under this section.

that the failure to make the request was unintentional, the Registrar General may order the patent to be sealed.

(2) An application under this section shall contain a statement (to be verified in such manner as may be prescribed) fully setting out the circumstances which led to the failure to make the prescribed request; and the Registrar General may require from the applicant such further evidence as he may think necessary.

(3) If after hearing the applicant (if the applicant so requires or the Registrar General thinks fit) the Registrar General is satisfied that a prima facie case has been made out for an order under this section, he shall advertise the application in the journal; and within the prescribed period any person may give notice to the Registrar General of opposition thereto on the ground that the failure to make the prescribed request was not unintentional.

(4) If notice of opposition is given within the period aforesaid, the Registrar General shall notify the applicant and shall give to him and to the opponent an opportunity to be heard before he decides the case.

(5) If no notice of opposition is given within the period aforesaid, or if in the case of opposition the decision of the Registrar General is in favour of the applicant, the Registrar General shall, upon payment of the fee prescribed in respect of the making of the request for sealing and of such additional fee as may be prescribed, make the order in accordance with the application.

(6) An order under this section for the sealing of a patent shall contain such provision as may be prescribed for the protection of persons who may have begun to avail themselves of the invention between the date when the time allowed by or under section 12(2) for making the prescribed request expired and the date of the application under this section.

(7) An appeal shall lie from any decision of the Registrar General under this section.

(2) Where an application under this section is made to the Court, the applicant shall give notice of the application to the Registrar General and the Registrar General shall be entitled to appear and be heard, and shall appear if so directed by the Court.

(2) Where any amendment of a specification is allowed by the Court under this Act the right of the patentee to make the amendment shall not be called in question except on the ground of fraud; and the amendment shall in all courts and for all purposes be deemed to form part of the specification:

Provided that in construing the specification as amended reference may be made to the specification as originally published.

(3) Where any amendment of a specification is allowed as aforesaid, the fact that the specification has been amended shall be advertised in the journal.

(2) Infringements of patent rights shall be actionable at the suit of the patentee and in any proceedings for such an infringement all such relief by way of damages, injunction, account or otherwise shall be available as are available in like proceedings for the infringement of a patent under the law of England.

(3) In proceedings for the infringement of a patent damages shall not be awarded against a defendant who proves that at the date of the infringement he was not aware and had no reasonable ground for supposing that the patent existed.

(4) The exclusive right conferred on a patentee by subsection (1) shall not be deemed to be infringed by any of the following-

(2) For the purposes of paragraph (e) of subsection (1) of this section the priority date of the matter disclosed in the other specification shall be, as regards claims, the date to which the claims are entitled under section 8 of this Act, and as regards descriptive matter, the date of filing of the specification containing the said matter, or in a case where the specification is entitled to convention priority, the date on which the application for protection disclosing such matter was made in the convention country.

(3) Every ground on which a patent may be revoked shall be available as a ground of defence in any proceeding for the infringement of the patent.

(2) If any licence is registered at the Industrial Property Office in respect of a patent which the patentee has offered to surrender under the provisions of subsection (1) of this section, then the said application must be consented to by the registered licensee.

(3) If no licence is registered at the Industrial Property Office or if the offer to surrender under subsection (1) hereof is accompanied by a consent in writing from the licensee, then the surrender shall be accepted forthwith by the Registrar General who shall by order revoke the patent.

(2) Where a specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, a claim in respect of an invention in that specification shall not be rendered invalid by reason only of any other application or claim in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application, or any other person in consequence of any disclosure of the invention by that applicant.

(2) Where an application is made for a patent for an invention which has been claimed in a specification filed in pursuance of any other such application, then, if a patent granted in pursuance of that other application has been revoked by the Court or the Registrar General on the ground specified in paragraph (b) of subsection (1) of section 20 or subsection (1) of this section, the Registrar General may direct that the first mentioned application and any specification filed in pursuance thereof shall be deemed, for the purposes of the provisions of this Act relating to the priority date of claims of specifications, to have been filed on the date on which the corresponding document was or was deemed to have been filed in the proceedings upon the said other application.

(3) An application to the Registrar General under subsection (1) of this section shall be made in the prescribed form and the Registrar General shall give notice of the application for revocation to the applicant for the patent and shall give to the applicant for the patent and the applicant for revocation an opportunity to be heard before he decides on the case.

(4) An appeal shall lie from any decision of the Registrar General under this section.

(2) Subject to the provisions of this section, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to make use, exercise and vend the patented invention for his own benefit without accounting to the other or others.

(3) Subject to the provisions of this section, and to any agreement for the time being in force, a licence under a patent shall not be granted and a share in a patent shall not be assigned except with the consent of all persons, other than the licenser or assignor, who are registered as grantee or proprietor of the patent.

(4) Where an article is sold by one of two or more persons registered as grantee or proprietor of a patent the purchaser and any person claiming through him shall be entitled to deal with it in the same manner as if the article had been sold by a sole patentee.

(5) Where two or more persons are registered as grantee or proprietor of a patent the Registrar General may, upon application made to him by any of those persons and after giving to the other persons so registered an opportunity of being heard, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent or the exercise of any right under this section in relation thereto as he thinks fit.

(6) If any person registered as grantee or proprietor of the patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Registrar General may, upon application made to him by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.

(7) Nothing in this section shall be taken to authorise the use of an invention or the giving of any directions in such manner as to prejudice or affect the mutual rights or obligations of trustees or the personal representatives of a deceased person, or their rights or obligations as such.

(2) In any proceedings taken by the holder of an exclusive licence by virtue of this section the patentee shall, unless he is joined as a plaintiff in the proceedings, be added as defendant:

Provided that a patentee so added as defendant shall not be liable for any costs unless he takes part in the proceedings.

(2) Unless in any action brought by virtue of this section the defendant proves that the acts in respect of which proceedings were threatened constitute, or, if done, would constitute an infringement of a patent, the plaintiff shall be entitled to the following relief that is to say-

(3) For the avoidance of doubt it is hereby declared that a mere notification of the existence of a patent does not constitute a threat of proceedings within the meaning of this section.

he shall be deemed for the purposes of this Act to have applied in that convention country.

(2) For the purposes of this Act, matter shall be deemed to have been disclosed in an application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgement of prior art) in that application or in documents submitted by the applicant for protection in support of and at the same time as the application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the Industrial Property Office with the convention application or within such period as may be prescribed after the filing of that application.

(2) The register of patents existing at the commencement of this Act shall be incorporated with and form part of the Register of Patents under this Act.

(3) The Register of Patents shall be prima facie evidence of any matters by this Act directed or authorised to be inserted therein.

(2) Subject to the provisions of this Act, design copyright shall be obtainable in every original design by the person claiming to be the proprietor thereof by depositing a claim for design copyright at the Industrial Property Office.

(2) Subject to the right of priority provided for by section 63 of this Act, a design shall not be deemed to be original if it is the same as a design of or for the same or any other article by the same author which has been previously published in The Bahamas or elsewhere or has been deposited under this Act by or on behalf of or with the consent of the author or any proprietor thereof or differs from such design in modifications or variations not sufficient to alter the character or substantially affect the identity thereof.

Provided that where the design is executed by the author for another person for good consideration that other person shall be treated for the purposes of this Act as the proprietor.

(2) Where a design or the right to apply a design to any article becomes vested, whether by assignment, transmission or operation of law, in any person other than the original proprietor either alone or jointly with the original proprietor, that other person or, as the case may be, that other person and the proprietor shall be treated for the purposes of this Act as the proprietor of the design in relation to that article.

(2) Design copyright in a design shall date from the date of the deposit of the claim to copyright under this Act.

if the claim for design copyright is deposited not later than six months after the opening of the exhibition.

(2) Design copyright shall give no rights in any features of an article in so far as these are dictated solely by the function which the article is intended to perform or in any method or principle of construction.

(2) The Registrar General shall extend the period of copyright for a second period of five years from the expiration of the original period and for a third period of five years from the expiration of the second period if an application for extension of the period of copyright for the second or third period is made before the expiration of the original period or the second period, as the case may be, and if the prescribed fee is paid before the expiration of the relevant period, or if such application is made and the said fee is paid within such further period (not exceeding six months) as may be specified in a request made to the Registrar General and accompanied by the prescribed additional fee.

(2) Where the deposit of a claim to design copyright has been cancelled by virtue of the provisions of section 38 or of subsection (1) of this section the said deposit shall be regarded for all purposes as never having been effected.

(3) Every ground on which a design may be cancelled under this section shall be available as a ground of defence in any proceeding for the infringement of the design copyright in a design.

(4) "Priority date of the claim" means the date of deposit of the claim under this Act or such earlier date as the proprietor may be entitled to under the provisions of section 63 of this Act.

(2) The Deposit List shall be prima facie evidence of any matters required or authorised by this Act to be entered therein.

(2) The Industrial Property Office shall be under the immediate control of the Registrar General.

(3) Any act or thing directed to be done by or to the Registrar General may be done by or to any officer authorised by the Registrar General.

(4) There shall be a seal for the Industrial Property Office and impressions thereof shall be judicially noted and admitted In evidence.

(2) Provision shall be made by the Registrar General for keeping on sale copies of such journal and also of all specifications of patents in force with any accompanying drawings.

Provided that where a request is made for a correction under paragraph (a) of this section and it appears to the Registrar General that the correction would materially alter the meaning or scope of the document to which the request relates, and ought not to be made without notice to persons affected thereby, he shall require a notice of the nature of the proposed correction to be advertised in the prescribed manner, and any person may within the prescribed time and in the prescribed manner give notice at the Industrial Property Office of opposition to the request, and where any such notice is given, the Registrar General shall, after giving notice of the opposition to the applicant and after giving to the applicant and to the opponent an opportunity of being heard, decide on the case.

(2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a patent or design, he shall make application to the Registrar General in the prescribed manner to register his title and the Registrar General shall on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the Register of Patents or the Deposit List of designs as the case may be with particulars of the instrument, if any, creating such interest.

(3) The person registered as proprietor of a patent or design shall subject to the provisions of this Act and to any rights appearing from the register or Deposit List to be vested in any other person, have power absolutely to assign, grant licences as to or otherwise deal with the patent or design and to give effectual receipts for any consideration for any such assignment, licence or dealing:

Provided that any equities in respect of the patent or design may be enforced in like manner as in respect of any other personal property.

(4) Except in applications made under section 51 of this Act, a document or instrument in respect of which no entry has been made in the register or Deposit List as the case may be in accordance with subsections (1) and (2) of this section shall not be admitted in evidence in any court in proof of the title to a patent or design copyright in a design or to any interest therein unless the court otherwise directs.

(2) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of a register or list.

(3) The prescribed notice of any application under this section shall be given to the Registrar General who shall have the right to appear and be heard thereon, and shall appear if so directed by the Court.

(4) Any order of the Court rectifying the register or deposit list shall direct that notice of the rectification be served on the Registrar General in the prescribed manner; and the Registrar General shall on the receipt of the notice, rectify the register accordingly.

(2) A copy of any entry in any register or list or of any document kept in the Industrial Property Office or of a patent or an extract from any such register, list or document, purporting to be certified by the Registrar General and to be sealed with the seal of the Industrial Property Office, shall be admitted in evidence without further proof and without production of the original.

(2) In case any part of the evidence is taken viva voce the Registrar General shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as the Court.

(2) If any person falsely represents that any article sold by him is a patented article or falsely describes any design applied to any article sold by him as being the subject of the design copyright in a design he shall be liable for every offence on summary conviction to a fine not exceeding one hundred dollars.

(2) Before making any rules under this section the Minister shall publish notice of the intention to make the rules and of the place where copies of the draft rules may be obtained in such manner as he may consider most expedient so as to enable persons affected to make representations to the Minister before the rules are finally settled.

(3) Any rules made in pursuance of this section shall be forthwith advertised in the journal.

(2) Any business done under this Act on any day after the hour specified as aforesaid in relation to business of that class or on a day which is an excluded day in relation to business of that class, shall be deemed to have been done on the next following day not being an excluded day; and where the time for doing anything under this Act expires on an excluded day, that time shall be extended to the next following day not being an excluded day.

(2) Upon any appeal under this Act the Court may exercise any power which could have been exercised by the Registrar General in the proceeding from which the appeal is brought.

Provided that a declaration may be made as aforesaid for the purposes either of all or some only of the provisions of this Act, and a country in the case of which a declaration made for the purposes of some only of the provisions of this Act is in force shall be deemed to be a convention country for the purposes of those provisions only.

Provided that-

(2) The design copyright in a design or the registration of a trade mark shall not be invalidated-

during the period specified in this section as that within which the deposit or application may be made.

(3) The claim to design copyright in a design or the application for the registration of a trade mark under the provisions of this section shall be made in the same manner as an ordinary application under this Act or the Trade Marks Act and shall be accompanied by a request for convention priority together with such declaration as may be prescribed.

(4) Where a person has applied for protection for any design or trade mark by a claim or application which-

he shall be deemed for the purposes of this section to have applied in that convention country.