shall cease if the inventor fails to pay, before the beginning of each year of such extended term, the fee prescribed in the Second Schedule.

Imposition of Conditions with Respect to Exclusive Privilege.

13. An order under section 4, sub-section (1), authorizing the filing of a specification, or under section 12, extending the term of an exclusive privilege, may be made, whether the inventor is a Government servant or not, subject to such conditions as the Government thinks expedient.

Application for Leave to Alter or Amend Specification.

14. (1) If, after the filing of the specification, the applicant has reason to believe that through inadvertence, some error or defect has occurred in the application or specification, he may apply to the Government for leave to alter or amend it.

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(2) The application must be framed and verified in the same manner the original application for leave to file a specification, and must state how the error, defect or insufficiency occurred and that it was not fradulently intended.

(3) Upon the application the Government may make an order allowing the alteration or amendment to be made, and if the alteration or amendment is contained in a separate memorandum, the memorandum shall be considered as a part of the application or the specification.

(4) Such an alteration or amendment shall not be construed to extend the exclusive privilege acquired in accordance with section 6, or have any effect on any proceeding that may be pending at the time of the alteration or amendment.

Cases Barring Exclusive Privilege.

15. A person shall not be entitled to an exclusive privilege under section (6) :— (a) If the invention, at the date of the delivery or receipt of the application mentioned in section 3, was not a new invention in fact, or,

(b) if the applicant is not the inventor thereof, or,

(c) if the invention is of no utility to the public, or,

(d) if the application is not in the prescribed form or contains a wilful or fradulent mis-statement.

Explanation.-An invention shall be deemed a new invention, if in any part of the Dominions of the Nizam, it has not been publicly used or been published in writing or its knowledge has been obtained surreptitiously or fraudulently.

When is the Use of an Invention Not a Public Use or a Written Publication. 16. Use of an invention by the inventor thereof or by his servant or agent, or by any other person by his license in writing, for a period not exceeding one year immediately preceding his application for leave to file a specification there or knowledge of the invention to the public resulting from such use thereof, shall not be deemed a public use or knowledge by means of a written publication. Effect of Public Use or Knowledge of Invention After Admission to an Exhibition.

17. If an inventor, being the exhibitor of his invention at any Government exhibition, causes an application for leave to file a specification of the invention within six months from the date of the admission of the invention into that exhibition, the invention shall not be deemed to have been publicly used, or made publicly known, by reason only of the invention having at any time after admission into the exhibition been publicly used or made publicly known.

When Will the Exclusive Privilege Cease.

18. (1) An exclusive privilege shall cease :

(1) if the Government declares the privilege, or the mode in which it is exercised, to be likely to cause commotion in the Dominions of the Nizam or injury to the public, or,

(2) if a breach of any condition on which the applicant was authorized to file a specification, or on which the term of the exclusive privilege was extended, is proved on an application made to the High Court by a person authorized by Government in that behalf.

Suit for Infringement of Exclusive Privilege.

19. (1) An inventor may institute a suit in the District Court against any person who, in contravention of the exclusive privilege acquired by him, makes, sells or uses the invention. A written statement giving particulars of all the articles so made, sold or used within the knowledge of the plaintiff shall be delivered with the plaint.

(2) The defendant cannot raise the following pleas :-(a) any application or specification of the invention is defective or contains a wilful or fraudulent mis-statement, or (b) the invention is of no utility, or (c) the plaintiff is not the inventor, unless the defendant shows that he is entitled to the exclusive privilege of the invention, or (d) the invention is not new, unless the defendant, or some person through whom he claims, has actually used the invention in the Dominions of the Nizam. When the defendant raises this plea, he shall state the facts on the strength of which he denies the exclusive privilege of the plaintiff.

Application to Declare Exclusive Privilege in Respect of an Invention Not to Have Been Acquired.

20. Any person residing in the Dominions of the Nizam may institute a suit in the High Court for a declaration that any specified person is not entitled to an exclusive privilege in respect of an invention or any part thereof, on any of the following grounds:

(a) that the invention is of no utility, or,

(b) that the invention or the part under consideration is not a new invention, or,

(c) that the defendant is not the inventor of the invention or the part under consideration, or,

(d) that the specification filed is not complete or duly prepared, or that the defendant has knowingly and fraudulently included in, or omitted from, specification or any application regarding it, something which is injurious to the public.

The plaint must state the particulars and objections on which the plaintiff proposes to rely, and if the plaintiff alleges that the invention is not a new invention, he must specify in detail the places where and the manner in which it was previously known or used.

Power to Call for Security for Costs of Application.

21. The High Court may, before taking proceedings in the matter, irrespective of any provisions in any other law, require the plaintiff in such a case to give security for the payment of the costs of the defendant.

The High Court May Direct the District Court to Make Inquiries.

22. If, on any application or in any case there is an issue of fact, the High Court may direct any District Court to make an inquiry and submit its opinion together with the evidence recorded to the High Court and the High Court shall pass such orders as it thinks fit.

Particulars and Objections Regarding Which Evidence May be Given.

23. No permission to produce evidence regarding particulars or objections other than those set forth in the plaint or in the written statement under sections 19 and 20, shall be given, unless the Court for special reasons thinks fit to grant permission and in such cases permission shall be granted on such conditions as may be deemed just.

Proceedings When There is Error in the Application or Specification.

24. If it appears to the High Court that in the application for leave to file a specification or in any specification, something has been erroneously included whereof the defendant was not the inventor or that the specification is in any particular defective or insufficient but that the error, defect or insufficiency was not wilfully intended, the High Court may adjudge the exclusive privilege to have been acquired and to be valid, save as to the part thereof affected by the error, defect or insufficiency:

If the error, defect or deficiency can be amended without injury to the public, the High Court may, on such terms as it thinks reasonable, adjudge that the exclusive privilege in respect of the whole of the invention shall be valid, if the specification be amended in any particular in which it is erroneous, defective or insufficient, within such time as may be fixed.

The provisions with respect to amended specifications shall also apply to an amended specification filed under this section.

If the Defendant Proves That He Was the Inventor and That the Plaintiff Fraudulently Obtained the Knowledge, the Privilege Will be Vested in Him for Fourteen Years.

25. If, in a suit instituted under section 19, the defendant proves that he was the actual inventor and that the plaintiff was not the inventor, and that at the time of the application for leave to file the specification, the plaintiff knew or had reason to believe that the knowledge of the invention was obtained by himself or by some other person surreptitiously or in fraud of the defendant, or by means of a communication made in confidence by the actual inventor to him or to any person through whom he derived the knowledge, the court may make a decree declaring an exclusive privilege in respect of the invention to be vested, subject to the other provisions of this Act, in the actual inventor if he is residing in the Dominions of the Nizam, for a term of fourteen years from the date on which the specification was filed, and requiring the plaintiff to account for and pay over to the actual inventor the profits derived by him from the invention or so much of those profits as the court, having regard to all the other circumstances of the case, may see fit to require him to pay.

Entry of Copies of Decrees and Orders in the Register by the Secretary. 26. A court, making a decree in a suit under section 19 or section 20, shall send a copy of the decree to the Secretary, who shall cause an entry thereof to be made in the register of inventions.

When an exclusive privilege ceases to exist on any grounds an entry thereof shall also be made by the Secretary in the register of inventions.

An Aggrieved Party May Apply to the High Court for the Rectification of Register of Inventions.

27. If any person is aggrieved by an entry in the register of inventions or by the omission of an entry therefrom, and no proceeding is provided, whereby the register may be rectified, he may apply to the High Court for an order for the rectification of the register and the said Court shall, after making the necessary enquiry, make such order on the application as it thinks fit.

A copy of the order shall be forwarded by the court, to the Secretary, who shall cause an entry thereof to be made in the register of inventions against the entry affected thereby.

Power for Government to Require Grant of Licenses.

28. If, on the petition of any person interested in obtaining a license for the use of any invention, it is proved to the Government that, by reason of an inventor who has acquired an exclusive privilege failing to grant licenses on reasonable terms,

the exclusive privilege is not being reasonably worked in the Dominions of the Nizam, or,

the reasonable requirements of the public with respect to the invention cannot be supplied,

the Government may order the inventor to grant, or may itself on behalf of the inventor grant, licenses on such terms as to the amount of royalties, security for payment, or otherwise, as the Government, having regard to the nature of the invention and the circumstances of the case, may deem just.

Power of Assigning Exclusive Privilege.

29. Any person entitled to an exclusive privilege may, subject to the conditions of his title thereto, assign the privilege or any share thereof to any person and for any place.

CHAPTER III.
DESIGNS.

Applications for Orders for Registration of Designs.

30. (1) Any person claiming to be the proprietor of any new design not previously published in the Dominions of the Nizamı, may apply to the Government for an order for the registration of the design.

(2) The application must be in writing in the form or to the effect provided by the Third Schedule, and must be verified in the same manner as plaints in Civil cases.

(3) It must state the name, occupation and address of the applicant and contain a statement of the nature of the design and be accompanied by five copies of drawings, photographs or tracings thereof.

Acquisition of Copyright in Any Design.

31. Upon the application the Government may, after such inquiry as it thinks fit, make an order authorizing the copyright in the design for five years.

When an order has been made to this effect, it shall be registered in a book which as far as possible shall be similar in form to that kept for registering inventions in accordance with Schedule 5.

A certificate giving the copyright and signed by the Secretary shall then be issued to the applicant.

Cessation of Copyright if any Article to Which a Registered Design Has Been Applied be Sold to a Stranger Without its Being Marked With the Word "Registered."

32. Any article to which a registered design has been applied, shall not be delivered to a stranger without its being marked with the word "registered" on it; but if it be so delivered, the copyright in the design shall cease from the date of such delivery, unless the proprietor shows that he took all proper steps to ensure the marking of the word "registered" on the article.

Suit for Infringement of Copyright.

33. (1) The registered proprietor of a design may institute a suit in the District Court against any person for the application by him to any article of the design or of any imitation thereof, for the purpose of sale without the consent of the proprietor to such application.

(2) When the Court makes a decree in such a suit, it shall send a copy of the decree to the Secretary, who shall cause an entry thereof to be made in the register of designs.

Registration of Cessation of Copyright.

34. When, from the expiration of the term of a copyright, or from any other cause the copyright in a design has ceased, the Secretary shall cause an entry with respect to the cessation of the right to be made in the register of designs.

Rectification of Register of Designs by Order of the High Court.

35. The High Court may, on the application of any person aggrieved by an entry in the register of designs, or by the omission of an entry therefrom, make, after making the necessary inquiry, such order for the rectification of thẹ register as it thinks fit.

Such order may also declare copyright in a design not to have been acquired, and a copy of the order shall be forwarded by the Court to the Secretary, who shall cause an entry thereof to be made in the register of designs.

CHAPTER IV.
MISCELLANEOUS.

Acts Which Any Person is Required to do Under this Act May be Done by Agents. 36. Subject to the other provisions of this Act, any act, which is required or authorized by this Act to be done by any person, may be done on his behalf by an agent having authority in writing from that person so to do the act.

Fees.

37. (1) There shall be paid, in respect of the several proceedings specified in the Second and Fourth Schedules, the fees prescribed in those Schedules.