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INTRODUCTION.

ON and after January 1, 1908, the Statute Law relating to Patents and Designs will be that which is contained in the Statute of Monopolies (21 Jac. 1, c. 3) and the Patents and Designs Act, 1907 (7 Edw. 7, c. 29).

In 1883 the Law relating to Patents for Inventions, Registration of Designs, and of Trade Marks, was amended and consolidated by the Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. c. 57). The Act of 1883 was subsequently amended, or construed, by the Patents, Designs, and Trade Marks (Amendment) Act, 1885 (48 & 19 Vict. c. 63), the Patents Act, 1886 (49 & 50 Vict. c. 37), the Patents, Designs, and Trade Marks Act, 1888 (51 & 52 Vict. c. 50), the Patents Act, 1901 (1 Edw. 7, c. 18), the Patents Act, 1902 (2 Edw. 7, c. 34), and the Trade Marks Act, 1905 (5 Edw. 7, c. 15).

The Trade Marks Act, 1905, repealed all the sections of the Acts of 1883 and 1888 which related exclusively to trade marks, and also, in so far as they related to trade marks, most of such other sections as had reference to trade marks as well as to patents and designs.

During the recent Session of Parliament a Bill was introduced to amend the Law relating to Patents and Designs. The Bill, after various alterations, passed through all its stages in both Houses, and on August 28, 1907, received the Royal assent and became the Patents and Designs (Amendment) Act, 1907 (7 Edw. 7, c. 28). On the same day the Patents and Designs Act, 1907 (7 Edw. 7, c. 29), was added to the Statute Book.

B

It was provided by sect. 51, sub-sect. 2 of the Patents and Designs (Amendment) Act, 1907, that that Act should, save as otherwise expressly provided, come into operation on January 1, 1908. The Act provided that certain sections should come into operation subsequently to January 1, 1908, but it did not provide that any of the sections should come into operation before that date.

The Patents and Designs Act, 1907, by sect. 99 provides that, save as otherwise expressly provided, the Act shall come into operation on January 1, 1908. Certain sections are to come into operation at a later date, but it is not provided that any section is to come into operation before January 1, 1908.

The Patents and Designs Act, 1907, repeals (inter alia) the whole of the Patents and Designs (Amendment) Act, 1907.

It is provided by sect. 36, sub-sect. 2 of the Interpretation Act, 1889, that when an Act passed after the commencement of that Act is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day. Since the Patents and Designs (Amendment) Act, 1907, and the Patents and Designs Act, 1907, are both expressed to come into operation on the same day, i.e. January 1, 1908, it, therefore, follows that the Patents and Designs (Amendment) Act, 1907, was repealed at the moment it would otherwise have come into operation, and, so, never had operative effect. This fact has an important bearing upon the construction of some of the sections of the Patents and Designs Act, 1907 (see pp. 44, 45, post).

The Patents and Designs Act, 1907, repeals, as from the commencement of the Act, or as from the date when certain rules come into operation (see sect. 98), the whole of the following Acts :-The Patents, Designs, and Trade Marks Act, 1883; the Patents, Designs, and Trade Marks (Amendment) Act, 1885; the Patents Act, 1886; the Patents, Designs, and Trade Marks Act, 1888; the Patents Act, 1901; the Patents Act, 1902; and the Patents and

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