904 Ch. 31. No. 18.) Patents, Designs and Trade AMLarks.

(3) The foregoing provisions of this section shall not
apply in any where

(a) the applicant, patentee, or proprietor of a
registered design, as the may be, proves that the
invention or design was invented or designed in
Germany before the 3rd of September, 1938, or was
invented or designed ino Japan before the 7th of
December, 1941, and has at no time since the 3rd of
September or as the case may be, the said 7th of
December been beneficially owned in whole or in part
by a German oor Japane. national or a German or
Japane. company or

(6) the application for the patent or for the regis-
tration of the design was made before the Ist) of
February, 1946, and the applicant, patentee, or
proprictor of the design, as the case may be, proves that
the invention or design was independently invented
or designed outside Germany and Japan by a person,
other than a German. or Japanese national, being
either the applteant, patentee or proprietor or a person
through whom he claims, or

(c) the invention or design was iuvented or designed
by a prisoner of war in German or Japanese hands,
unless it is shown that it was subsequently obtained
from him by any German or Japanese national before
the Ist of January 19-46,

(4) An appeal shall Tie from any decision of the
Registrar under this section to a Judge in Chambers.

(5) The Registrar, with the sanction of the Governor,
may make rules under section 70 for carrying this section
into effeet and in: particular for requiring applicants for a
patent or for the registration of a design to furnish infor-
mation as to matters arising under this section,

Rules and fees.
Rule. 70. (1) The Registrar, with the anction of the Governor,
™ may from time to time make such general rules and do such
things as he may think expedient, for regulating the
practice of registration under this Ordinance, for classifying
goods. for the purposes of designs and trade marks, for
oreseribing the fees to be paid under this Ordinance, or for