CO885-(1-2) — Page 472

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

PUBLIC RECORD OFFICE

C.O.

Reference -

· 885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

66

IV. No grantee of any such letter of registration

NEW SOUTH WALES.

shall be liable in respect thereof for any higher Governor, No. 92, July 25, 1953. charge than the said sum of twenty pounds, except Limit as to Grantee's liability. for such costs and charges as he shall voluntarily incur, after the deposit of the said sum of twenty

pounds with the Colonial Treasurer, as hereinbefore mentioned.

for certain causes.

V. Any letter of registration granted by virtue Any such Letter may be repealed of this Act, shall be liable to be repealed by writ of scire facias, for the same causes and in the same manner as other grants of the Crown are liable to be repealed.

VI. That this Act shall come into operation so Commencement of Act. soon as, and not until, the same shall have received the Royal approbation, and the notification of such approbation shall have been made by order of his Excellency the Governor-General, in the "New South Wales Government Gazette," and that such notification shall be sufficient evidence of such approbation.

Passed the Legislative Council, this fourteenth day of September, one thousand eight hundred and fifty-two.

+

(Signed) CHARLES NICHOLSON,

Wm. Macpherson,

Clerk of the Council.

Speaker,

In the name and on the behalf of Her Majesty, I assent to this Act.

(Signed)

CHAS. A. FITZROY,

Governor-General.

Government House, Sydney,

December 6, 1852.

VICTORIA.

Mr. Attorney-General Stawell.-No enactment whatever respecting Patents for inventions has been passed by the Legislature, either in New South Wales or Victoria. No powers exist for the issuing by the local authorities of Patents within the Colony. The recent statute for the amendment of the Law of

VICTORIA.

Superintendent, No. 84. May 19, 1953.

VICTORIA.

Superintendent. No. 84. May 19, 1853.

Superintendent. No. 53. April 15, 1854.

Preamble.

67

Evidence (14 & 15 Vict., cap. 99) has been virtually re-enacted in the Colony by the local Act of Coun- cil (16 Vict., No. 9). Documents admissible in Courts of Justice in Great Britain, without proul of the authenticating seal or signature, are equally admissible in Courts in the Colony, Letters-Patent issued in England, and made applicable to this Colony, may, if produced in the local Courts, be readily proved, but if the original letters could not be produced, recourse needs be had to examined copies, and the same course should be pursued if it were necessary to prove specification disclaimers or alterations; practically, therefore, much difficulty would be experienced under the existing law in enforcing the inventor's rights in the event of their being infringed.

So far as I am at liberty to express my opinion. the extending to the Colony Patents granted in Great Britain would be attended with the most beneficial results; many valuable improvements in the arts. if thus protected, would doubtless be imported, labour economized, and the advantages of science and civilization extended from Great Britain to her possessions.

It would be at the same time desirable, in my opinion, that power should be given to the local authorities to grant Patents within the Colony; and with that view, and also with the object of obviating the objections I have alluded to, I would suggest that a Bill, based on the "Patent Law Amendinent Act, 1852," should be introduced into the Legislative Council; if passed it might be reserved for Her Majesty's assent, and thus brought into operation contemporaneously with the practice of extending to the Colony Patents issued in Great Britain.

With reference to preceding despatch transmits copy of a Bill introduced during the last session of the Legislative Council, for regulating grants of Patents for inventions in the Colony of Victoria.

17 VICTORIE.

No. XV.-An Act to regulate Grants of Patents for Inventions in the Colony of Victoria,

[Assented to March 31, 1854.] Whereas it is expedient to make provision for granting Patents for inventions in the Colony of

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