No. 20. together with such number or letter or number and letter and in such 42 VICTORIA, form as shall be employed by him to denote or correspond with the date of such registration and every such certificate purporting to be signed by the Registrar and purporting to have the seal or stamp of the office of such Registrar affixed thereto shall in the absence of evidence to the contrary be sufficient proof as follows :— Of 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 Of the person named therein as proprietor being the proprietor and Of the provisions of this Part of this Act and of any rule under s. 6. 38. Every person purchasing or otherwise acquiring the right to the Transfer of copyright and register entire or partial or limited use of any such design may enter his title thereof. in the register hereby provided and any writing purporting to be a 5 & 6 Vic. c. 100 transfer of such design and signed by the proprietor thereof or his agent duly authorized in writing in that behalf shall operate as an effectual transfer and the Registrar shall on request and on the production and verification to the satisfaction of the Registrar of such writing or in the case of acquiring such right by any other mode than the purchase thereof on the production of any evidence to the satisfaction of the Registrar and in every such case upon payment of the fee provided by this Act in that behalf insert the name of the new proprietor in the register and such transfer and request shall be respectively in the forms given in the Schedules Second and Third hereto or as near thereto as the circumstances of the case will admit but if such request to register be made by any person to or upon whom any such design shall devolve otherwise than by transfer such latter request may be in form (B) of the Second Schedule hereto or in some form of the like kind. registered 39. Every person shall be at liberty to inspect any design whereof Inspection of the copyright shall have expired paying only such fee as shall be designs. appointed by virtue of this Act in that behalf but with regard to designs 5 & 6 Vic. c. 100 whereof the copyright shall not have expired they shall not be open to s. 17. inspection except by a proprietor of such design or by some person authorized by him in writing or by some person specially authorized by the Registrar and upon the payment for every such inspection such fee as aforesaid but no person save the proprietor or some person duly authorized by him in writing in that behalf and in no case save on payment of the fee provided by virtue of this Act in that behalf shall take or be permitted to take a copy of such design or of any part thereof Provided that it shall be lawful for the said Registrar or his deputy to give any person applying to him and producing a particular design together with the registration mark thereof or producing such registration mark only and paying the fee provided by virtue of this Act in that behalf a certificate stating whether there be any copyright No. 20. 42 VICTORIA, existing of such design and (if there be) in respect of what particular article or work of manufacture or art or substance such copyright exists and the term of such copyright and the date of registration and also the name and address of the registered proprietor thereof. Piracy of designs. 5 & 6 Vic. c. 100 s. 7. Recovery of penalties for piracy. 5 & 6 Vic. c. 100 8. 8. 21 & 22 Vic. c. 70 s. 8. Proviso as to action for damages. 5 & 6 Vic. c. 100 s. 9. Registration may in certain cases be cancelled or amended. 5 & 6 Vic. c. 100 s. 10 40. During the existence of any such right to the entire or partial or limited use of any such design no person shall either do or cause to be done any of the following acts with regard to any articles or works of manufacture or art or substances in respect of which the copyright of such designs shall be in force without the license or consent in writing of the registered proprietor thereof (that is to say): No person shall apply any such design or any fraudulent imitation thereof for the purpose of sale to the making or ornamenting of any article or work of manufacture or art or any substance artificial or natural or partly artificial and partly natural as described in section thirty-four of this Part. No person shall publish sell or expose for sale any article or work of manufacture or art or any substance to which such design or any fraudulent imitation thereof shall have been so applied after having received either verbally or in writing or otherwise from any source whatever the knowledge that the proprietor's consent has not been given to such application or after having been served with or having had left at or upon his usual place of abode or business premises a written notice signed by such proprietor or his agent to the same effect. 41. If any person commit any such act he shall for every such offence forfeit a sum not less than five pounds and not exceeding fifty pounds one-half to the proprietor of the design in respect of which such offence shall have been committed and one-half to the Consolidated Revenue Fund and such proprietor can recover such penalty either by an action of debt or on the case in any Court of competent jurisdiction where the party offending resides (or has his place of business) or by summary proceeding before any two or more Justices of the Peace Provided that in every such case no greater penalty than twenty pounds and costs shall be inflicted. 42. Notwithstanding the remedies hereby given for the recovery of any such penalty as aforesaid it shall be lawful for the proprietor in respect of whose right such penalty shall have been incurred in addition to any proceeding under this Part of this Act for the recovery of such penalty to bring such action or suit as he might be entitled to for the recovery of any damages which he shall have sustained either by the application of any such design or of a fraudulent imitation thereof for the purpose of sale to any articles or works of manufacture or art or substances or by the publication sale or exposure to sale as aforesaid by any person of any article work or substance to which such design or any fraudulent imitation thereof shall have been so applied such person knowing that the proprietor of such design had not given his consent to any such application thereof. 43. In any suit in equity which may be instituted by the proprietor of any design or the person lawfully entitled thereto relative to such design if it shall appear to the satisfaction of the Court or Judge having cognizance of such suit that the design has been registered in the name No. 20. of a person not being the proprietor nor lawfully entitled thereto it 42 VICTORIA, shall be competent for such Judge in his discretion by a decree or order in such suit to direct either that such registration be cancelled (in which case the same shall thenceforth be wholly void) or that the name of the proprietor of such design or other person lawfully entitled thereto be substituted in the register for the name of such wrongful proprietor or claimant in like manner as herein before directed in case of the transfer of a design and to make such order respecting the costs of such cancellation or substitution and of all proceedings to procure and effect the same as he shall think fit and the Registrar is hereby authorized and required upon being served with an official copy of such decree or order and upon payment of the proper fee to comply with the tenor of such decree or order and either to cancel such registration or substitute such new name or otherwise amend such register as such decree or order may direct. 44. Unless every such design as aforesaid be so registered as aforesaid Penalty for and unless such design so registered shall have been applied to making marks denoting wrongfully using or ornamenting such article or work or substance within this Colony and a registered design. also unless the copyright of such design in relation to such article or 5 & 6 Vic. work or substance shall have expired it shall be unlawful to put on any c. 100 s. 11. such article or work or such substance in the manner hereinbefore required with respect to articles works or substances whereto shall be applied a registered design the marks hereinbefore required to be so applied or any marks corresponding therewith or similar thereto and if any person shall so unlawfully apply any such mark or shall publish sell or expose for sale any article or work of manufacture or art or any substance with any such marks so unlawfully applied knowing that any such marks have been unlawfully applied he shall forfeit for every such offence a sum not exceeding twenty pounds which may be recovered with full costs of suit by any person proceeding for the same by any of the ways hereinbefore directed with respect to penalties for pirating any such design. PART IV. 45. If any Registrar under this Act or any other person employed Registrar &c. under or by virtue of this Act either demand or receive any gratuity or receiving gratui ties punished. reward in money or otherwise except the salary or remuneration authorized 5 & 6 Vic. s. 19. by the Governor he shall forfeit for every such offence fifty pounds to any person suing for the same by action of debt in the Supreme Court and he shall also be liable to be either suspended or dismissed from his office and rendered incapable of holding any situation in the said office or the public service of this Colony. tions &c. a misdemeanour. 46. If any person shall wilfully and knowingly make or cause to be Making false made any false entry in any register under this Act or shall wilfully and entries declaraknowingly produce or cause to be produced or tendered in evidence any paper or parchment falsely purporting to be a copy of any entry in any such register he shall be guilty of an indictable misdemeanour and shall on conviction thereof be imprisoned for any term not exceeding three years with or without hard labour. D 42 VICTORIA, No. 20. personal pro perty. 47. All proprietorship copyright and sole liberty under this Act shall be deemed personal property and be assignable at law and transmissible Copyright to be by bequest and in case of intestacy shall be subject to the same law of distribution as other personal property and every assignment thereof or of any part thereof and every license to use or copy by any means or process whatsoever the design article work or substance which shall be the subject of such copyright shall be made by some note or memorandum in writing to be signed by the proprietor of the copyright or his agent appointed for that purpose in writing. 25 & 26 Vic. c. 68 s. 3. Limitation of c. 45 s. 26. Judge of Supreme Court may make in 25 & 26 Vic. 48. All actions suits bills indictments or informations for any offence that shall be committed against this Act shall be brought sued laid and commenced within twelve calendar months next after such offence committed or else the same shall be void and of none effect Provided that such limitation of time shall not extend or be construed to extend to any actions suits or other proceedings which under the authority of this Act shall or may be brought sued or commenced for or in respect of any copy or copies of books to be delivered for use of the Free Public Library or Library of the University herein before mentioned. 49. Every action for the infringement of copyright under any Part of this Act shall be tried before a Judge of the Supreme Court And in any junction orders. such action it shall be lawful for a Judge of such Court on the application of the plaintiff or defendant to make such order for an injunction inspection or account and to give such directions respecting such action injunction inspection or account and the proceedings therein respectively as to such Judge may seem fit. c. 68 s. 9. Amending vary entries in or 5 & 6 Vic. c. 45 s. 14. 50. It shall be lawful for the Registrar to amend any entry in any ing or expunging registry book under this Act upon application in writing in that behalf from registry. stating the amendment required by the proprietor or part or limited proprietor of the registered design copyright or sole liberty to which such entry refers and upon proof to the satisfaction of such Registrar that such entry requires the amendment so applied for and upon payment of the fee provided by virtue of this Act in that behalf Provided that upon the refusal of such Registrar to amend as aforesaid such proprietor may apply to the Supreme Court or any Judge thereof for an order that such entry be amended as required and such Court or Judge shall make such order regarding the amendment of such entry as to such Court or Judge shall seem just and the Registrar shall comply with such order according to the tenor thereof upon payment of the fee aforesaid And further if any person shall deem himself aggrieved by any entry made under colour of this Act in any book of registry it shall be lawful for such person to apply by motion on notice to the Supreme Court or to apply by summons on notice to any Judge in Chambers for an order that such entry may be expunged or varied and that upon such application by motion or summons aforesaid such Court or Judge shall make such order for expunging varying confirming or otherwise dealing with such entry either with or without costs as to such Court or Judge shall seem just and the proper officer appointed under this Act for the purposes of this Act shall on production to him of any such order for expunging varying confirming or otherwise dealing with any such entry and on payment of the fee provided by this Act in that behalf comply with the requisitions of such order according to the tenor thereof. power to register trar. s. 9. 51. If it shall appear to the satisfaction of any Registrar under this 42 VICTORIA, Act that the design brought to be registered under Part I of this Act is No. 20. not intended to be applied to any article or work of manufacture or art Discretionary or substance as aforesaid but only to some label wrapper or other covering vested in Regisin which such article work or substance might be exposed for sale or that any design as aforesaid or that any work whether manual mechanical 6 & 7 Vic. c. 35 chemical literary dramatic musical or artistic or of whatever kind it may be whether ejusdem generis or not that may be the subject of copyright and be registered under any Part of this Act is contrary to public morality or order it shall be lawful for such Registrar in his discretion wholly to refuse to register any such design or work as aforesaid Provided that the Governor may on representation made to the Attorney General by the proprietor of any such design or work so wholly refused to be registered as aforesaid if he shall think fit order the said Registrar to register such designor work whereupon and in such case the said Registrar shall and is hereby required to register the same accordingly. of officers. 52. It shall be lawful for the Governor from time to time to appoint Appointment subject to removal at any time one or more Registrars and (if required) Power to make Assistant Registrars and other necessary officers and servants for the regulations &c. purposes and to carry into effect the provisions of this Act and also from time to time to appoint alter or remove the offices of registry in and to such place or places in this Colony as he shall think fit and also from time to time to make vary alter amend or rescind rules which shall become valid on being published in the Government Gazette to regulate the form and mode of each and every kind of registration under this Act and also from time to time by notice in the Government Gazette to fix or alter the scale of fees to be paid for the registration of every kind of design copyright sole liberty and proprietorship whether entire or limited and transfers thereof whether entire or limited under this Act and for the amendment alteration and expunging of any entry in any books of registry and for all searches inspections extracts and copies of any books of registry registered documents or other books of reference allowed and kept in the said offices of registry by virtue of this said Act and also from time to time to regulate the manner in which such fees are to be received and in which they are to be kept and in which they are to be accounted for and also from time to time to frame adopt alter vary or amend such other rules and regulations in connection herewith as will give effect to the provisions of this Act according to the true intent and meaning thereof. 53. The Registrar under this Act shall cause to be prepared the Seal of Registry necessary stamps for carrying out the provisions of this Act and also a Office. seal bearing the impression of the royal arms and having inscribed in the margin thereof the words "Office of Copyright Registry of New South Wales" and all certificates extracts copies of entries and other documents purporting to be impressed stamped or sealed with such stamps or seal and to be signed by any Registrar or by any Assistant Registrar under this Act shall be admissible in evidence without further proof of the same being correct or of the authenticity and genuineness of such stamp seal or signature. 54. All fees payable and all fines and penalties recoverable under Fees how this Act shall be paid to the Registrar who shall pay over the same to disposed of &c. such persons and at such times and shall render such accounts of the same to such persons as the Governor shall from time to time by rule or |