be proprietor of this design, and desire you to register it in class

The registry of useful design requires care and discretion. It is a miniature patent specification. The first point is to get a distinct idea of the essential form, looking to the probable variation it may be capable of, without losing its useful effect or property, and thence adopting the central type or standard of it. Next, the novelty should be clearly distinguished, and it would be best to draw the imaginary variations of the plan and the old shape which it is to supply the place of, if it be an improvement, or, if the use itself be new, the old shapes which are combined in it. It may then be seen exactly what the drawing for actual registration ought and ought not to show. The simpler the drawing is the better; the act only requires it to be accurate (to a scale) and intelligible. Details, if required, should be drawn slightly, or shaded over; if prominent, they tend to narrow the range of the idea. If part of the article be new and part old, it is convenient to draw one part in red and the other in black lines. If it be a combination of old parts, these may be drawn separately, and then shown together. The drawing may be from any side, or from a section, and may show the article in various positions, or its application by dotted lines, care being taken to make the shape conspicuous, as being what is registered, and not the use or action of it. In a few cases, instead of a drawing, a specimen, as a button, is deposited, if capable of being placed on the page of a book. The next thing is the description to explain the drawing, and define the claims as to novelty; supposing the new and old portions already drawn in distinction, a brief reference will effect the latter object. If the general combination be new, no disclaimer is necessary. The description will state the "purpose of utility," -may mention the particular material for which the form is best adapted, and may repeat in words and make clear the shape itself, referring, if necessary, to marks on parts

of the drawing. Part (A) is so and so. The written description should be relied on as much as possible. A word gives the vital principle of a shape, while to many persons a drawing binds the idea down to one particular set of proportions. A spiral spring, for instance, is really a useful shape,―useful by allowing an electric wire to be coiled into compact form; and it is usually made in a cylindrical form (a helix). If a pirate attempted to evade it by a wire coiled into a double cone, like an hour-glass, that would be equally a "spiral spring." But if both were drawn, the pirate would ask if they were of the same shape, which geometrically and optically they are not. They are only of the same shape as to utility, and the purpose is expressed in the description.

The registerer has also to choose his title; and in this, as well as the description, he should carefully avoid the use of those words which the act or the rules have put a black mark against, as principle, action, invention, &c. Processes and changes must only be mentioned as the application; the design itself must be shape, form and configuration. Thus a "new lever action" and "improvements in the art of cutting sails" are objectionable. Apart from this the registeree may please his own fancy. The name may be independent, or describe the articles as an improvement on the old one. Designs are occasionally refused registration. There is an appeal from the registrar to the Privy Council, who have in some instances reversed his decision. This appeal only applies to the total rejection of the design, not to the registrar's authority to decide between the ornamental and useful act. The drawing or print for the registration will often be serviceable by way of prospectus or advertisement. The design may be in the name of joint proprietors or a firm, and dated from any part. The only foreign place that occurs in the lists is Paris.

4. On the subject of the enjoyment of the right during its continuance there is little to remark. As the registra

tion is secret, the owner of a design may keep back the publication as long as he pleases, though of course in most cases the design is not registered till immediately before publication, to get as long a term of protection as possible. The copies of all the kinds of copyright must have the mark upon them at the time of publication. Prints have the impression of the plate. Designs have, at all events till sold, the mark, either as a label attached to the end, or printed or moulded on any convenient part. It is an offence to put the designer's mark on any article after expiry of copyright, and knowingly to sell them; but the words do not seem to forbid the sale of an article marked during the copyright. The ornamental act also restricts the application of the mark to articles made in the United Kingdom, which condition is in the useful act probably implied, or would be extended to it. A similar exclusion was extended from the third engraving act to its predecessors.

5. The next consideration is as to the power of transference. Copyright is by a recent act expressly declared personalty. The mode of conveyance has been adopted from other descriptions of property, or inferred from casual expressions in the acts. But the limited duration of the right renders the conveyancer's art, to a considerable degree, superfluous; and, from the uncertain value of all such property, there is no nice calculation of pecuniary points. The sculpture act speaks of a deed; it seems doubtful whether this would be taken technically; the comparison with other copyright acts indicates otherwise. Probably any writing signed and witnessed would suffice. It seems doubtful whether, if the original proprietor should sell his right for fourteen years and no longer, he would, if living, obtain the contingent extension. The latter of the two sculpture acts provides at the expiration of the first term the right shall return. The original literary act was similar; but a recent act speaks of a contingent ENDURANCE of the copyright. The phrase "return" would be appropriate to

F

denote the resumption by an author who had sold his right. The clause must however INCLUDE those who have not parted with the first term. Does it therefore cover both classes? It is evident that it bestows nothing on the transferee; and difficult to see why a man, as a matter of justice, should by selling the first term lose a right to the second. The clause concludes by excepting those who have divested themselves of such right previous to the then present act. It is to be feared that Lord Ellenborough's strictures would apply as much to the second as to the first act.

Prints. The acts take notice of, first, the purchaser of the plate, which it seems is to carry with it the copyright; this seems a little at variance with Lord Mansfield's observation, that the copyright existed when once created, independently of any copy or any plate. A stereotype would give no right to the copy of the book. The act also notices a license, by "writing attested," to make a copy of the plate, &c. or to import, print, sell or publish, &c. Of course the proprietor of a plate might permit the use of it to any limited extent. Any such license ought of course to be in writing, and had better be witnessed. A licensee or subproprietor would have equitable remedy against his landlord or principal. The terms of the agreement depend principally on the trade customs. An edition is an exclusive right till that number of copies be sold. A patent license may have reference to supply of a certain locality; the latter class would supply a model for licenses under useful designs, where much of the expense is incurred by the maker, while the ornamental design's right is probably exercised only by the holder of the plate, or type, or mould.

Copyright of course may be held in shares, and parties may take out a registration as they may a patent, and to be worked jointly, or by one of them, or made to yield a royalty. As to a covenant for quiet enjoyment, securing warranty, revocation, the name of the article, keeping account, arbitration, &c., see Jarman, &c.

The designs act contemplates the acquisition, for a good and valuable consideration (a superfluous restriction), of the design or part of it, exclusively or not of other persons. The next clause says, that the acquirer by purchase or any means (nothing about consideration) may enter his title at any time apparently in the registration (giving the proper forms.) The mode of transfer is any writing, purporting to be a transfer, signed; or if not acquired by purchase, any evidence satisfactory to the registrar, whose certificate is primâ facie proof of the transfer. The form commences with author or proprietor, which is superfluous, as the very last clause had included the former class under the latter term. The printed form circulated by the office has author and proprietor, which is a variation of the act, and in most cases inapplicable, the author and designer being not usually the same person. In any agreement or other instrument it would probably be well to mention the author, if not also the registered proprietor; if relating to a print, whether it were invented and engraved, or caused to be engraved from his own design, see the language of the act. The designs act provides a form for cases of transfer by devolution, which would include cases of death or bankruptcy, &c.

6. If the right be infringed on, we have a wrong or breach. These are not usually direct unmitigated plunder, but the piracy is disguised by variation, addition or subtraction. The intention to pirate, as far as the making is concerned, must be judged of by the result. The seller, if unaware of the illegality, escapes the two former engraving acts and the designs acts, see Blackwell's case. Each copy is a breach; and in the designs, making is one offence and selling another. This act forbids applying FOR SALE; from M'Crea's case it would seem to cover any application as for private use. Notwithstanding some broad expressions in Martin's case, it is difficult not to suppose that a work of art might be legally injured without its sale being supplanted, by debasing its reputation. "Exhibiting for profit