S.I. No. 46/1928 - The Patents and Designs (South Africa and British India) Order, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 46.

THE PATENTS AND DESIGNS (SOUTH AFRICA AND BRITISH INDIA) ORDER, 1928.

WHEREAS by section 152 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), provision is made for the mutual protection of inventions, designs, and trade marks as between Saorstát Eireann and any foreign state with the government of which an arrangement binding on Saorstát Eireann has been made for such mutual protection:

AND WHEREAS by sub-section (6) of the said section 152, it is enacted that where it is made to appear to the Governor-General that the legislature of any British dominion, protectorate, or territory, has made satisfactory provision for the protection of inventions, designs, or trade marks patented or registered in Saorstát Eireann, it shall be lawful for the Governor-General by order made on the advice of the Executive Council to apply the provisions of that section to that dominion, protectorate, or territory, with such variations or additions, if any, as may be stated in the order:

AND WHEREAS it has been made to appear to the Governor-General that the legislatures of the Union of South Africa and of British India have made satisfactory provision for the protection of inventions and designs patented or registered in Saorstát Eireann, and it is therefore expedient that the provisions of the said section 152 of the said Act in so far as they relate to patents and designs should be applied to the Union of South Africa and to British India:

NOW I, JAMES McNEILL, the Governor-General of the Irish Free State, on the advice of the Executive Council, and in exercise of the powers conferred on me by the said sub-section (6) of section 152 of the Industrial and Commercial Property (Protection) Act, 1927 , and any other power me in this behalf enabling, do hereby order as follows, that is to say:—

1. This Order may be cited for all purposes as the Patents and Designs (South Africa and British India) Order, 1928.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The provisions of section 152 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), so far as they relate to patents or to designs shall apply to the Union of South Africa and to British India.

JAMES McNEILL,

Governor-General.

DUBLIN,

This 1st day of August, 1928.