THE HONGKONG GOVERNMENT GAZETTE, JUNE 28, 1912.
443
as to designs
22.-(1) This Act shall not apply to designs capable of being registered Provisions under the Patents and Designs Act, 1907, except designs which, though capable registrable of being so registered, are not used or intended to be used as models or patterns under to be multiplied by any industrial process.
(2) General rules under section eighty-six of the Patents and Designs Act, 1907, may be made for determining the conditions under which a design shall be deemed to be used for such purposes as aforesaid.
7 Edw. 7.
c. 29.
foreign
parts of His
23. If it appears to His Majesty that a foreign country does not give, or has Works of not undertaken to give, adequate protection to the works of British authors, it authors first shall be lawful for His Majesty by Order in Council to direct that such of the published in provisions of this Act as confer copyright on works first published within the Majesty's parts of His Majesty's dominions to which this Act extends, shall not apply to dominions to works published after the date specified in the Order, the authors whereof are extends. subjects or citizens of such foreign country, and are not resident in His Majesty's dominions, and thereupon those provisions shall not apply to such works.
which Act
works,
24. (1) Where any person is immediately before the commencement of this Existing Act entitled to any such right in any work as is specified in the first column of the First Schedule to this Act, or to any interest in such a right, he shall, as from that date, be entitled to the substituted right set forth in the second column of that schedule, or to the same interest in such a substituted right, and to no other right or interest, and such substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made and the work had been one entitled to copyright thereunder
Provided that--
:
(a) if the author of any work in which any such right as is specified in the first column of the First Schedule to this Act subsists at the commencement of this Act has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would have expired the substituted right conferred by this section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before the commencement of this Act and then subsisting shall determine; but the person who immediately before the date at which the right would so have expired was the owner of the right or interest shall be entitled at his option either-
(i) on giving such notice as hereinafter mentioned, to an assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration; or
(ii) without any such assignment or grant, to continue to reproduce or perform the work in like manner as theretofore sub- ject to the payment, if demanded by the author within three years after the date at which the right would have so expired, of such royalties to the author as, failing agreement, may be determined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any such payment;
The notice above referred to must be given not more than one year nor less than six months before the date at which the right would have so expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, adver- tised in the London Gazette and in two London newspapers.
(b) where any person has, before the twenty-sixth day of July nineteen hundred and ten, taken any action whereby he has incurred any expenditure or liability in connexion with the reproduction or performance of any work in a manner which at the time was law- ful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or