(a.) By omitting sub-section (5); and (b.) By omitting sub-section (6), and inserting in lieu thereof the following sub-section : "(6.) For the purposes of this section the reasonable requirements of the public shall not be deemed to have been satisfied"(a.) If, by reason of the default of the patentee "(i.) To manufacture to an adequate extent and supply on reasonable terms, the patented article, or any parts thereof which are necessary for its efficient working, or, "(ii.) To carry on the patented process to an adequate extent, or "(iii.) To grant licences on reasonable terms, "any existing trade or industry, or the establishment of any new trade or industry, in Australia is unfairly prejudiced, or the demand for the patented article or the article produced by the patented process is not reasonably met; or "(b.) If any trade or industry in Australia is unfairly prejudiced by the conditions attached by the patentee, before or after the commencement of this sub-section, to the purchase, hire, or use of the patented article, or to the using or working of the patented process." 15. After section 87 of the Principal Act the following sections are inserted : "87A.-(1.) At any time not less than four years after the date of a patent, and not less than two years after the commencement of this section, any person may apply to the High Court or the Supreme Court for an order declaring that the patented article or process is not manufactured or carried on to an adequate extent in the Commonwealth. (2.) If, on the hearing of the application, the Court is satisfied that the patented article or process is manufactured or carried on exclusively or mainly outside the Commonwealth, then, subject to the provisions of this section, and unless the patentee proves that the article or process is manufactured or carried on to an adequate extent in the Commonwealth, or gives satisfactory reasons why the article or process is not so manufactured or carried on, it shall make the order applied for, to take effect, either "(3.) If, within the time specified in article or process is not manufactured adequate extent in the Commonwealth, . 476 GREAT BRITAIN (Australia) satisfactory muss why it is not so manufactured or carried on, the Court may take a further order extending the time so specified for any specified time not exceeding twelve months. **(4.) From add after the time when an order under sch section (2) of this section takes effect, the patent shall not be deemed to be infringed by the manufacture or carrying on in the Commonwealth of the patented article or process, or by the vending within the Commonwealth of the patented article made within the Commonwealth. **(5.) If at any time after the making of an order under subsection (2) of this section the Court is satistied that the patented article or process is not manufactured or carried on in the Commonwealth by any other person than the patentee, and that the patentee is manufacturing it or carrying it on to an adequate extent in the Commonwealth, the Court may in its discretion, if it thinks it just so to do, revoke the order, which shall thenceforth cease to have effect. 66 may section to make an order under sub-section (2) thereof, it (6.) In any case in which the Court is empowered by this in its discretion, if it thinks it just so to do, instead of making such an order, order the patentee to grant a compulsory licence to the applicant or such terms as the Court thinks just. “(7.) In any proceedings under this section the Court may make such order as to costs as it thinks just, and may order the applicant to give sac security as it thinks just for the costs of the proceedings and of any appeal therefrom, and, in default of such security being given within the time specified by the order, the proceedings or apea, sha the commencement of this section in relation to the sale or lease patented or not, supçoed ar “(b.) To require me qumlaser and any such cord tien soa.. e I.. STORIES, My article or "Provided that this sunset san 66 (i.) The seller, lessor the contract was entered had the option of purmasin or licensee condition pizz, and such rent or royalty for the residue of the term of the ntract, as may be fixed by an arbitrator appointed by the inister. "(2.) Any contract relating to the lease of or licence to use work any patented article or patented process, whether ide before or after the commencement of this section, may at y time after the patent or all the patents by which the article process was protected at the time of the making of the ontract has or have ceased to be in force, and notwithstanding ything in the same or in any other contract to the contrary, → determined by either party on giving three months' notice in riting to the other party. "(3.) Any contract made before the commencement of this ection, relating to the lease of or licence to use or work any atented article or process, and containing any condition which, ad the contract been made after the commencement of this ection, would by virtue of this section have been null and void, nay, at any time before the contract is determinable under the ast preceding sub-section, and notwithstanding anything in the ame or any other contract to the contrary, be determined by either party on giving three months' notice in writing to the other party. "(4.) Where under either of the two last preceding subsections any notice is given determining a contract made before the commencement of this section, the party giving the notice shall be liable to pay such compensation as, failing agreement, may be awarded by an arbitrator appointed by the Minister. "(5.) The insertion by the patentee in a contract, made after the commencement of this section, of any condition, which by virtue of this section is null and void, shall be available as a defence to an action for infringement of the patent, to which the contract relates, brought while that contract is in force. "(6.) Nothing in this section shall— "(a.) Affect any condition in a contract whereby a person is prohibited from selling any goods other than those of a particular person; or "(b.) Be construed as validating any contract which would, apart from this section, be invalid; or in "(c.) Affect any right of determining a contract or condition a contract exercisable independently of this section; or "(d.) Affect any condition in a contract for the lease of or licence to use a patented article, whereby the lessor or licensor reserves to himself or his nominees the right to supply such new parts of the patented article as may be required to put or keep it in repair." 16. After section 91 of the Principal Act the following section is inserted : "91a. Where any person claiming to be the patentee of an invention, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, any person aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damages (if any) as he has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats: "Provided that this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent." 17. Section 107 of the Principal Act is amended by adding after the words "describe himself as a patent attorney" the words "or as a patent agent or as an agent for obtaining patents." 18. Before section 111 of the Principal Act the following section is inserted in Part X : "110A.-(1.) The rights granted to a patentee by a patent are personal property and are capable of assignment and of devolution by operation of law. (2.) Where, after the commencement of this section, a patent is granted to two or more persons jointly, they shall, unless otherwise specified in the patent, be treated for the purpose of the devolution of the legal interest therein as joint tenants, but, subject to any contract to the contrary, each of such persons shall be entitled to use the invention for his own profit without accounting to the others, but shall not be entitled to grant a licence without their consent, and if any such person dies, his beneficial interest in the patent shall devolve on his personal representatives as part of his personal estate." 19. After section 112 of the Principal Act the following section is inserted : "112A.-(1.) A person shall not use, in connection with his business, any words which would reasonably lead to the belief that his office is, or is officially connected with, the Patent Office. "Penalty: 201. "(2.) Without limiting the preceding sub-section, any person who "(a.) Places, or suffers or permits to be placed, on the building in which his office is situate; or "(b.) Uses in advertising his office or business; or "(c.) Places on any document, as a description of his office or business, 6 "the words Patent Office,' or the words 'Office for obtaining Patents, or any words of similar import, whether alone or in conjunction with any other words, shall be deemed to be guilty of an offence against that sub-section." ACT of the Government of Barbados to Consolidate and Amend the Acts of that Island relating to the Landing of Paupers. [No. 29.] [October 16, 1909.] Be it enacted, by the Governor, Council, and Assembly of this Island, and by the autority of the same, as follows: 1. This Act may be cited as "The Immigration of Paupers (Prevention) Act, 1909." 2.-(1.) On the arrival of any ship at this Island, the Harbour and Shipping Master or his chief clerk shall hold an enquiry, at a place to be appointed by the Governor-in-Executive Committee, as to the physical, mental, and pecuniary condition. of every second and third class passenger for this Island brought by such ship, if the ship be a steamship, and of every passenger for this Island brought by such ship, if the ship be a sailing ship, at which place such passengers shall land and, if the Harbour and Shipping Master or his chief clerk is satisfied that such passenger is unable by reason of physical or mental infirmity to maintain himself, or is likely, if permitted to remain in this Island, to become chargeable to the Island, the Harbour and Shipping Master or his chief clerk shall detain such passenger at such place, and shall by notice in writing to be served on the master of the ship, or affixed to the mast thereof, order that such passenger shall be taken back to such ship and shall not be allowed to land: Provided, nevertheless, that the Harbour and Shipping Master or his chief clerk shall not detain or order to be taken back to the ship, a native of this Island. (2.) The master of such ship shall immediately after the arrival of such ship deliver or cause to be delivered to the Harbour and Shipping Master or his chief clerk at the place at which the enquiry will be held under the preceding sub-section a correct list of all passengers on such ship and a separate and correct report as to each of the second and third class passengers on such ship if the ship be a sailing ship, in the Form (A) in the Schedule to this Act, with the particulars specified in such form properly and correctly filled in, signed by the passenger to whom such report refers in the presence of and attested by the master or the purser of such ship, and every master who violates the provisions of this section shall be liable to a penalty not exceeding 50l. (3.) If any second or third class passenger brought by any steamship, or any passenger brought by any sailing ship, lands at any place not appointed by the Governor-in-Executive Committee as the place of enquiry under sub-section (1) of this section and does not submit himself for examination by the Harbour and Shipping Master at the place of enquiry, such passenger and any person aiding the passenger in landing may be arrested and sh liable be a penalty not exceeding 501. such arrest shall h On ir and Shipping Master or his chief clerk sto such passengers into the matters |