CO885-(1-2) — Page 460

PUBLIC RECORD OFFICE

Reference :-

C.O.885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

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any difficulty in authenticating the documents which it would be necessary to produce in evidence.

Although the mode of establishing the necessary evidence to support an action for the infringement of an inventor's right would be the same as in England, the facilities of proving the documents, &c., to be produced in evidence, would be far less in the case of an action instituted at this distance from the place where the original documents, &c., are re- corded, than in England. And it is to be feared that, if such an action should be brought in this Colony, inconvenience would result from this dis- advantage. For this reason, and in order to give greater publicity to the nature of the Patent, I should think it advisable to make legal provision for recording in the Registrar's office, in each particular Colony to which a Patent may extend, certified copies of all the documents connected with the same, and of making copies of such copies, when so recorded, admissible as evidence in all proceedings at law or in equity.

The Executive Council.-Having considered Mr. Semper's opinion, unanimously adopt the same.

MONTSERRAT.

Governor, No. 42, June 22, 1853.

ST. KITTS.

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for the protection of inventors who should resort to

Governor, No. 35. April 22, 1853, the local Courts in case of infringement of their rights; the provisions of the aforesaid sections of the said statute being confined to actions in Her Majesty's Superior Courts of Record at Westminster and in Dublin.

The expediency of the grant of a Patent in any case to extend to the Colony, would, in the opinion of my Council, be determined by its hearing equally

or otherwise on the local interests, and on those with which the Colony has to compete.

This I venture to think a reasonable view, for, should a patented invention materially enhance the value of a product by reducing the cost or other- wise, Her Majesty's Colonial subjects may, by the extension of the Patent to the Colonics, be placed in a disadvantageous position with their foreign com- petitors in the British market, inasmuch as the foreign producers not being subject to any restric- tion in the use of the invention, the Patent would have the effect of adding a differential impost on the British producers to the difficulties against which they have already to contend.

ST. KITTS.

Lieutenant-Governor Hay-There are no local

ST. KITTS.

laws relating to the grant of Patents within the Governor, No. 35, April 12, 1853. Colony by the local authorities.

Regard being had to the provisions of the 11th section of the Act to amend the Law of Evidence, and also to the 2nd section of the "Patent Law "Amendment Act, 1852," no difficulty would be experienced as to the mode of proving, in the local Courts, Patents granted by the Crown under the common law, or under the provisions of the 18th section of the "Patent Law Amendment Act," in case of infringement of the patentee's rights.

Should it be determined to extend Patents for inventions in Great Britain to this Colony, it would be advisable, by a local statute, to enact provisions analogous to those contained in the 41st, 42nd, and 43rd sections of the Patent Law Amendment Act,"

NEVIS.

NEVIS.

The Executive Council.-The Council is not aware

Governor, No. 36, April 22, 1853. of any reason why grants of Patents for inventions in Great Britain should not be extended to the Colonies, nor of any impediment existing in the way of a patentee obtaining a legal remedy in the Courts of this Island, for any infringement of his

Patent.

The Council, however, is of opinion that all grants of Patents, to be enforced in the Colony, should be registered in the Secretary's office, not only with a view of affording increased facilities to the patentee of proving his Patent in the Courts, but of providing due information to the public of all patented inventions so existing.

Mr. Solicitor-General Pemberton.-The granting of Letters-Patent for inventions, is a branch of the Queen's prerogative which does not appear to have been delegated to his Excellency the present Gover-