2 INTEODUCTION.
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t was provided by sect. 51, sub-sect. 2 of the Patentsand Designs (Amendment) Act, 1907, that that Act should,sare as otherwise expressly provided, come into operationon January 1, 1908. The Act provided that certain sectionsshould come into operation subsequently to January 1, 1908,but it did not provide that any of the sections should comeinto operation before that date. The Patents and Designs Act, 1907, by sect. 99 providesthat, save as otherwise expressly provided, the Act shallcome into operation on January 1, 1908. Certain sectionsare to come into operation at a later date, but it is notprovided that any section is to come into operation beforeJanuary 1, 1908. The Patents and Designs Act, 1907, repeals {interalia) the whole of the Patents and Designs (Amendment)Act, 1907. It is provided by sect. 36, sub-sect. 2 of the Interpre-tation Act, 1889, that when an Act passed after the com-mencement of that Act is expressed to come into operationon a particular day, the same shall be construed as cominginto operation immediately on the expiration of the previousday. Since the Patents and Designs (Amendment) Act, 1907,and the Patents and Designs Act, 1907, are both expressedto come into operation on the same day, i.e. January 1, 1908,it, therefore, follows that the Patents and Designs (Amend-ment) Act, 1907, was repealed at the moment it would other-wise have come into operation, and, so, never had operativeeffect. This fact has an important bearing upon the con-struction of some of the sections of the Patents and DesignsAct, 1907 (see pp. 44, 45, post). The Patents and Designs Act, 1907, repeals, as from thecommencement of the Act, or as from the date when certainrules come into operation (see sect. 98), the whole of thefollowing Acts: — The Patents, Designs, and Trade MarksAct, 1883 ; the Patents, Designs, and Trade Marks(Amendment) Act, 1885 ; the Patents Act, 1886 ; thePatents, Designs, and Trade Marks Act, 1888 ; the PatentsAct, 1901; the Patents Act, 1902; and the Patents and INTEODUCTION. 3 Designs (Amendment) Act, 1907 ; and re-enacts them, withthe exception of certain sections mentioned in the Scheduleto the Patents and Designs (Amendment) Act, 1907, whichwould have been repealed by that Act if it had been ofoperative effect. The said sections which are not re-enacted are'. Patents,Designs, and Trade Marks Act, 1883, sects. 17 (in part), 19,25, 26 (in part), 29, 34 (in part), 50 (in part), 51 (in part),54, 59, 90, 91, 98, and 106 ; Patents, Designs, and TradeMarks Act, 1888, sect. 24; and Patents Act 1902, sect. 3(in part). Thus the Patents and Designs Act, 1907, by, with a fewexceptions and modifications, re-enacting all the provisions ofthe repealed Acts, gives operative effect to the provisions ofthe Patents and Designs (Amendment) Act, 1907. It is aConsolidation Act, and its full title is "An Act to consolidatethe Enactments relating to Patents for Inventions and theBegistration of Designs and Certain Enactments relatingto Trade Marks." The " certain enactments relating to TradeMarks" are those sections of the repealed Acts which relateto Trade Marks and were not previously repealed by the TradeMarks Act, 1905. It has not been thought desirable to discuss in this Intro-duction the actual details of the alterations in the law whichare effected by the new Act. In the notes to each section theorigin of the section is stated, and in all cases where new lawis introduced it is commented upon. By means of tabular statements it is easy to indicatewhere the re-enacted provisions of the various sections andsub-sections of the repealed Acts occur, and also the natureof the new provisions and where they are embodied in thenew Act. With this object in view the following tables have beenprepared. Table I. shows which sections and sub-sections ofthe repealed Acts are reproduced and where each appears.Table II. indicates the subject-matter of each new provision,and where it is to be found in the Act, as well as the sectionof the repealed Patents and Designs (Amendment) Act, 1907,
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