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62

Uruguay. Patents. Priority. Foreign Use. Decision, July 28, 1913 Text 37

(United States) New York State. Documents. Authentications. Opin-
ion of Attorney General. Text

United States. Patents. Practice. Executors and Administrators. Order
No. 2,076. Modification of Order No. 2,076. Text

United States. "Kahn Law." Need for Amendment
United States Practice. Designs. Petition for Extension of Term-May
be Entered Any Time Before Allowance. In re Forward

United States Practice. Adjudicated Patents

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38

Patent and Trade Mark Review

Copyright, 1913, by Wm. Wallace White

A monthly journal for the publication of new
laws and regulations, court decisions,
and information with regard to pat-
ents, trade marks and other
related subject-matter.

Edited and Published by
WM. WALLACE WHITE,
Attorney and Counsellor at Law,
Patents and Trade-Marks,
Successor to

RICHARDS & CO.,

WOOLWORTH BUILDING, NEW YORK CITY.

Eleven Volumes of the Review have been completed, the first beginning with October, 1902, and each subsequent volume with the October issue of the next succeeding year.

Volumes 1 to 10 were paged continuously, but in the new series beginning with Volume 11 each volume will be paged independently.

Back volumes may be obtained separately or as a set until exhausted.

PRICES:

Yearly subscription, $2.00; single Copies 25 cents.

Per volume, with index, unbound, $2.00; bound in cloth, $2.75; bound in sheep, $3.00.

Per set of 10 volumes, with indices; unbound, $15.00; bound in cloth, $22.50; bound in sheep, $25.00.

(Expressage prepaid throughout the United States)

ADVERTISING RATES ON APPLICATION

WHILE THE UTMOST CARE IS TAKEN TO INSURE ACCURACY IN THE MATTER THAT APPEARS IN THE REVIEW, NO RESPONSIBILITY IS

ASSUMED ON ACCOUNT

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OF ERRORS OR INACCURACIES WHICH

MAY OCCUR THEREIN.

SOUTH AFRICAN UNION-INDIA-BELGIUM-FINLAND-MEXICO 35

South African Union.

Patents. Designs. Trade-Marks. Consolidation. Present Status. Advices from Johannesburg indicate that "the Consolidation of the Union Patent and Trade-Mark Laws will not come before Parliament until next year. The Consolidated Acts are not likely to come into force before June, 1914."

(Note. For a resume of the proposed Consolidation, see P. & T. M. Rev., XI, 327, with other references there cited.)

India.

Patent Office. Proposed Removal to Delhi.

We are advised of the probability in the near future of the removal of the Indian Patent Office, now at Calcutta, to Delhi, and also the possibility that it, with the other Government Offices, may be migratory between Delhi and Simla. If the change is made to Delhi and Simla, a saving of six and eight days, respectively, will result, in the filing of foreign applications.

Patents. Assignment

Belgium.

New Regulation, Sept. 15, 1913.

We are advised that a change has been made in the rules for assignments of patents in Belgium, of date Sept. 15, 1913. Under the old rules a tax of 14.00 francs had to be paid for each patent assigned (except for patents of addition). Under the new regulation, however, the tax is reckoned on an ad valorum basis, the charge being at the rate of 2.70 francs per 100.00 francs, for the consideration mentioned for the assignment.

Finland.

Trade-Marks. Red Cross. Law of July 26, 1912.

As regards the Grand Duchy of Finland, the Imperial Senate of Finland has required July 26, 1912, that the Governors of the Grand Duchy publish, agreeable to Sect. VIII of the instructions to the Governors of the Grand Duchy, Dec. 29, 1894, in their respective jurisdictions, a notice that all illegal use of the emblem of the Red Cross or of the name "Red Cross" or "Geneva Cross," will be punished by a fine of 400 Finnish marks. (Translation from Boletim da Propriedade Industrial, 1913, page 127.)

Mexico.

Patents. Working. Compulsory Licences.

Under the caption "Compulsory Licences," we note in the Gaceta Oficial de la Oficina de Patentes y Marcas, (Secretaria de Fomento de la Republica de Mexico), the following:

"Patent No. 1582.-On June 26, 1913, by authority of Art. XXII of the Patent Law in force, there was delivered over to the 'Continental, Compañia Trasatlantica de Caoutchouc, S. A.,' ('Continental, Transatlantic Rubber Com

pany, S. A.'), a license to work the patent of invention, No. 1582, granted in favor of "The Rubber Tire Wheel Company,' for improvements in rubber tire wheels." (Translation from Gaceta Oficial, June, 1913, page 200.)

Spain-Panama.

Copyright. Treaty of July 25, 1912, in force July 1, 1913.

A Treaty for the Protection of Literary, Scientific and Artistic Productions, signed at Panama, July, 25, 1912, between Spain and Panama, having been ratified by both countries, became of force July 1, 1913. It is based on the provisions of the Spanish-Colombian Treaty of Nov. 28, 1885, departing from the same in the important proviso that the "right of proprietorship is guaranteed to authors and translators of the two countries for a fixed period of thirty years."

The text of this Treaty appears in La Gaceta, Madrid, June 1, 1913, and in Le Droit d'Auteur, July 15, 1913.

International Association for the Pro-
tection of Industrial Property.

Meeting at Cologne and Announcement of Next Meeting

Reunion at Cologne (Leverkusen).—The International Association met on July 14th, last, at Leverkusen (Cologne) in the sumptuous environments of the Casino of the Farbenfabrik Friedr. Bayer & Co. All of the members present will remember with pleasure the cordiality with which they were received, and the magnificent entertainments at which it was their privilege to be present. The session was devoted principally to reports of the state of work of the different committees named by the previous Congresses, and especially by the Congress of London (1912). It was agreed that the International Association would meet next year at Berne. (Translation from Revue Pratique du Droit Industrial, Sept.Oct., 1913, page 192.)

Germany-Russia.

Copyright. Treaty of Feb. 28, 1913, in force Aug. 14, 1913.

In accordance with the Supplementary Treaty of Commerce, of July 15-28, 1904, a Treaty for the Protection of Literary and Artistic Productions was entered into between Germany and Russia on Feb. 28, 1913, to become of force Aug. 14, 1913. As a model, the Franco-Russian Treaty of Nov. 29, 1911, was followed as to general provisions, with certain modifications, including the "most favored nation" clause. As a non-member of the International Union, Russia has long held aloof from entering into treaty obligations which would give to foreigners rights denied to her own people, and this Treaty, with the prior one with France, is a decided step in Muscovite international comity, and one for which the reading and artistic world will be grateful, for the increased facilities it will give for the interchange of thought-adequately remunerated-between Russia and the western states. The works securing mutual protection are practically, without enumeration, those mentioned in the revised Convention of Berne, with certain modifications and additions, relating to choregraphic, cinematographic productions, and other like, recent developments.

The text of the Treaty, with extended comments, is published in Le Droit d'Auteur, Sept. 15, 1913, pages 121-127.

Russia.

Trade-Marks. Red Cross. Law of June 28, 1912.

(Part I, No. 134, Art. 1165, 1912.)

Law approved by the Imperial Council and by the Douma of the Empire, and sanctioned, June 28, 1912, by His Majesty, the Emperor, concerning the penal responsibility for the unlawful use of the emblem, or of the name, "Red Cross" or "Geneva Cross."

I. The first part of Chapter XIV of Section VIII of the Penal Code (Code of Laws, Vol. XV, edition of 1885) is to be completed by the addition of Article 1357′, of the following tenor:

1357*. Persons, who are guilty of using, without special authorization, upon their signs, wares, placards, circulars, price lists, etc. the emblem of the Red Cross upon a white field or even the name "Red Cross" or "Geneva Cross," as well as of keeping in an industrial or commercial establishment, or of the sale of merchandise or products bearing this emblem or denomination-shall be amenable to the penalty provided in Article 14171 of said Code.

II. The second chapter of Section IX of the same Code is to be completed by the addition of Article 14171, of the following tenor:

14171. Persons guilty of using, without special authorization, the emblem of the Red Cross upon a white field, or even the name "Red Cross" or "Geneva Cross," shall be liable:

1. For the first time-to a fine, not to exceed the sum of 200 roubles.

2. For the second and following times-either a fine, not to exceed the sum of 500 roubles, or imprisonment for a term of from three weeks to three months. (Translation.)

Uruguay.

Patents. Priority. Foreign Use. Decision, July 28, 1913.

Patents of Invention: The oath that the invention has not been worked for a longer period than one year, abroad, is sufficient to fulfill the requirements of the law. The patent must be granted.

Most Excellent Sir:

EX PARTE, OTTO UHDE.

As already declared in cases analogous to the following, our law requires that the concessions, which are in use abroad, shall be solicited here within one year of such use, but this does not prevent the filing of requests for grants for invention not yet patented abroad. The appellant, referring in his last brief to the oath necessary to justify this fact, said affirmation should be accepted as sufficient assurance, because whoever makes it can have no interest in falsifying the facts, since, if he should do so, he would run the risk, at any moment, of losing the concession obtained, which would only be granted him as regards hubiese lugar, that is, without prejudice to whatever proof the morrow may present, and from which it might result that the concession had not been solicited

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