5

A.—l

5. For the purpose of exercising in any case the powers of avoiding or suspending a patent or license, the Governor in Council may appoint such person or persons as he shall think fit to hold an inquiry. 6. Any application to the Governor in Council for the avoidance or suspension of any patent or license may be referred for hearing and inquiry to such person or persons, who shall report thereon to the Governor in Council: Provided that the Governor may at any time, if in his absolute discretion he deems it expedient in the public interest, order the avoidance or suspension in whole or in part of any such patent or license, upon such terms and conditions, if any, as he may think fit. 7. The Registrar may, at any time during the continuance of these rules, avoid or suspend any proceedings on any application made under the Patents, Designs, and Trade-marks Act, 1911, by a subject of any State at war with His Majesty. 8. The Registrar may also at any time during the continuance of these rules extend the time prescribed by the Patents, Designs, and Trade-marks Act, 1911, or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely : — (a.) Where it is shown to his satisfaction that the applicant, patentee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war which, in the opinion of the Registrar, would justify such extension: (b.) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant, patentee, or proprietor as aforesaid. 9. The term " person " used in these rules shall, in addition to the meaning given thereto by section 5 of the Interpretation Act, 1908, include any Government Department. first schedule. £ s (1 Fee payable on application under Rule Ito avoid or suspend patent rights or license ... 2 0 0 Fee payable on depositing foreign documents or other papers for the purpose of a record not, already provided for under the Patents, Designs, and Trade-marks Act, 1911 ... 0 2 (i second schedule. Patent, £2. (Stamp.) Patents Form No. 22. Patents, Designs, and Trade-marks Amendment Act, 1911/. To the Registrar of Patents, Wellington. I, [or We] [Here insert fin full) name, address, and, description or calling of persons applying], hereby request to order the avoidance or suspension of the letters patent No. of [Here insert number of patent and name of patentee], or the license granted to [Here insert name of licensee] for [//ere insert particulars of licensed] under letters patent No. Here insert number of patent]. Dated this day of , 19 . (Signed.) J. F. Andrews, Clerk of the Executive Council. Procedure to be followed under the Patents (Temporary) Regulations, 1914, and the Trademarks (Temporary) Regulations. 1914. Nos. 1 to 6. 1. A copy of the application when received will be at once sent to the address for service in New Zealand given by the patentee, licensee, or proprietor of the trade-mark, as the case may be, or to any one whose name appears upon the register as having an interest in the patent or trade-mark. 2. The date for hearing the application will be fixed on receipt of the application, and will be notified to the applicant, and to the patentee, proprietor, or other person interested, at his address for service in New Zealand. The application will be advertised in the Patent Office Journal, and the date fixed for the hearing will be not less than seven days after the advertisement of the application in the Journal. 3. The applicant must produce evidence at the hearing to satisfy the tribunal in respect of (a), (b), and (c) of Rule 1, and that he is not himself an alien enemy. The evidence may be either oral or by way of statutory declaration. The patentee or proprietor of the trade-mark, or any one interested, may appear at the hearing in opposition to the application, provided that notice of his intention so to appear be given in writing to the Registrar at the Patent Office before the date of the hearing.* Nos. 7 and 8. 1. During the continuance of the war no patent will be sealed, and no registration of a trademark will be granted, to a subject of any State at war with His Majesty (hereinafter called " such subject ").

* Provisional only—subject to confirmation.