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convention, without, however, incurring any expense before the exchange of the ratifications of the said convention.
E. B. WASHBURNE.
CONVENTION FOR INTERNATIONAL PROTECTION OF INDUSTRIAL
Concluded at Paris March 20, 1883; adhesion advised by the Senate
March 2, 1887; ratified by the President March 29, 1887; accession announced to Swiss Confederation May 30, 1887; proclaimed June 11, 1887. (Treaties and Conventions, 1889, p. 1168.)a
(The text is reprinted_from the proclamation of the President, the original Convention being in the French language.)
1. Union for protection of industrial X. Articles with false place of property formed.
origin. II. Mutual protection of patents, XI. Temporary protection to artitrade marks, and commercial
cles at expositions. names.
XII. Central depot of information. III. Protection of alien residents.
XIII. International bureau estabIV. Protection to applicants.
lished, V. Introduction by patentee of arti- XIV, International conferences.
cles patented in other countries. XV. Special diplomatic conventions. VI. Deposit of trade-marks.
XVI. Adhesion of other States.
XVII. Laws to be enacted.
Protocol. a Adhered to by Great Britain, Tunis, Ecuador, the Dutch East India Colonies, Dominican Republic, Curaçao, Surinam, New Zealand, Queensland, Germany, and Mexico.
His Majesty the King of the Belgians; His Majesty the Emperor of Brazil; His Majesty the King of Spain; The President of the French Republic; The President of the Republic of Guatemala; His Majesty The King of Italy; His Majesty the King of the Netherlands; His Majesty the King of Portugal and the Algarves; the President of the Republic of Salvador; Ilis Majesty the King of Servia; the Federal Council of the Swiss Confederation;
Equally animated by the desire to assure, by common accord, a complete and efficacious protection to the industry and commerce of the subjects of their respective states and to contribute to the safeguard of the rights of inventors, and to the loyalty of commercial transactions, have resolved to conclude a Convention to that effect, and have named as their Plenipotentiaries the following:
His Majesty the King of the Belgians: Baron Beyens, Grand Officer of His Royal Order of Léopold, Grand Officer of the Legion of Ilonor, etc., His Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the Emperor of Brazil: Mr. Jules Constant, Count de Villeneuve, Member of the Council of His Majesty, IIis Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians, Commander of the Order of Christ, Officer of His Order of the Rose, Knight of the Legion of Honor, etc.;
His Majesty the King of Spain: Ilis Excellency the Duke de Fernan Nuñez, de Montellano, and Del Arco, Count de Cervellon, Marquis of Almonacir, Grandee of Spain of the 1st Class, Knight of the distinguished Order of the Golden Fleece, Grand Cross of the Order of Charles III, Knight of Calatrava, Grand Cross of the Legion of Honor, etc., Senator of the Kingdom, His Ambassador Extraordinary and Plenipotentiary at Paris; a
The President of the French Republic: Mr. Paul Challemel Lacour, Senator, Minister of Foreign Affairs; Mr. Hérisson, Deputy, Minister of Commerce; Mr. Charles Jagerschmidt, Minister Plenipotentiary of 1st Class, Officer of the National Order of the Legion of Honor;)
The President of the Republic of Guatamala: Mr. Crisanto Medina, Officer of the Legion of Honor, etc., IIis Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the King of Italy: Mr. Constantin Ressman, Commander of his orders at St. Maurice and St. Lazarus, and of the Crown
Embassy of Italy at Paris;
His Majesty the King of the Netherlands: Baron de Zuylen de Nyevelt, Commander of His Order of the Lion of the Netherlands, Grand Cross of His Grand Ducal Order of the Oaken Crown and of the Golden Lion of Nassau, Grand Officer of the Legion of Honor, etc., Ilis Euvoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the King of Portugal and the Algarves: Mr. José da Silva Mendes Leal, Counsellor of State, Peer of the Kingdom, Minis
a Including Cuba, Porto Rico, and the Philippines.
Including Martinique, Guadeloupe and dependencies, Reunion and dependency (Saint Mary of Madagascar), Cochin-China, St. Pierre, Miquelon, Guiana, Senegal and dependencies (Rivières du Sud, Grand Bassam, Assimie, Porto Novo and Kotonou), the Congo and of the Gaboon, Mayotte, Nossi-Bé, the French Establishments in India (Pondicherry, Chandernagore, Karikal, Mahé, Yanaon), New Caledonia, the French Establishments in Oceanica (Tahiti and dependencies), Obock and Diégo-Suarez,
ter and Honorary Secretary of State, Grand Cross of the Order of St. James, Knight of the Order of the Tower and of the Sword of Portugal, Grand Officer of the Legion of Honor, etc., His Envoy Extraordinary and Minister Plenipotentiary at Paris; Mr. Fernand de Azevedo, Officer of the Legion of Honor, etc., First Secretary of the Legation of Portugal at Paris; a
The President of the Republic of Salvador: Mr. Torres Caïcedo, Corresponding Member of the Institute of France, Grand Officer of the Legion of Honor, etc., His Envoy Extraordinary and Minister Plenipotentiary at Paris;
His Majesty the King of Servia: Mr Sima M. Marinovitch, Chargé d'Affaires ad interim of Servia, Knight of the Royal Order of Takovo, etc.;
And the Federal Council of the Swiss Confederation: Mr. Charles Edward Lardy, its Envoy Extraordinary and Minister Plenipotentiary at Paris; Mr. J. Weibel, Engineer at Geneva, President of the Swiss Section of the permanent Commission for the protection of Industrial Property.
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the fol. lowing Articles:
The Governments of Belgium, of Brazil, of Spain, of France, of Guatemala, of Italy, of the Netherlands, of Portugal, of Salvador, of Servia and of Switzerland, have constituted themselves into a state of Union for the protection of Industrial Property.
The subjects or citizens of each of the contracting States shall enjoy in all the other States of the Union, so far as concerns patents for inventions, trade or commercial marks, and the commercial name, the advantages that the respective laws thereof at present accord, or shall afterwards accord to subjects or citizens. In consequence they shall have the same protection as these latter, and the same legal recourse against all infringements of their rights, under reserve of complying with the formalities and conditions imposed upon subjects or citizens by the domestic legislation of each State.
Are assimilated to the subjects or citizens of the contracting States, the subjects or citizens of States not forming part of the Union, who are domiciled of have industrial or commercial establishments upon the territory of one of the States of the Union.
Any one who shall have regularly deposited an application for a patent of invention, of an industrial model, or design, of a trade or commercial mark, in one of the contracting States, shall enjoy for the
a Including the Azores and Madeira. Salvador withdrew August 17, 1887.
purpose of making the deposit in the other States, and under reserve of the rights of third parties, a right of priority during the periods hereinafter determined.
In consequence, the deposit subsequently made in one of the other States of the Cnion, before the expiration of these periods can not be invalidated by acts performed in the interval, especially by another deposit, by the publication of the invention or its working by a third party, by the sale of copies of the design or model, by the employment of the mark.
The periods of priority above mentioned shall be six months for patents of invention and three months for designs or industrial models, as well as for trade or commercial marks. They shall be augmented by one month for countries beyond the seas.
ARTICLE V. The introduction by the patentee into countries where the patent has been granted, of articles manufactured in any other of the States of the Cnion, shall not entail forfeiture.
The patentee, however, shall be subject to the obligation of working his patent conformably to the laws of the country into which he has introduced the patented articles.
ARTICLE VI. Every trade or commercial mark regularly deposited in the country of origin shall be admitted to deposit and so protected in all the other countries of the Union.
Shall be considered as country of origin, the country where the depositor has his principal establishment.
If this principal establishment is not situated in one of the countries of the Union, shall be considered as country of origin that to which the depositor belongs.
The deposit may be refused, if the object, for which it is asked, is considered contrary to morals and to public order.
ARTICLE VII. The nature of the production upon which the trade or commercial mark is to be affixed can not in any case be an obstacle to the deposit of the mark.
ARTICLE VIII. The commercial name shall be protected in all the countries of the Union without obligation of deposit, whether it forms part or not, of a trade or commercial mark.
ARTICLE IX. Every production bearing unlawfully a trade or commercial mark, or a commercial name, may be seized upon importation into those of the States of the Union in which such mark or such commercial name has a right to legal protection.
The seizure shall take place either at the instance of the public prosecutor or of the interested party, conformably to the domestic legislation of each State.
The provisions of the preceding artiele shall be applicable to every production bearing falsely as indication of origin, the name of a stated locality, when this indication shall be joined to a fictitious commercial name or a name borrowed with fraudulent intention.
Is reputed interested party every manufacturer or trader engaged in the manufacture or sale of this production, when established in the locality falsely indicated as the place of export.
The High Contracting parties engage between themselves to accord a temporary protection to patentable inventions, to industrial designs or models as well as to trade or commercial marks for the productions, which may figure at official or officially recognized International Exhibitions.
Each one of the High Contracting parties engages to establish a special service of Industrial Property and a Central Depôt, for giving information to the public concernings patents of invention, industrial designs or models and trade or commercial marks.
An International Office shall be organized under the title of "International Bureau of the Union for the Protection of Industrial Property."
This Bureau, the cost of which shall be supported by the Governments of all the contracting States, shall be placed under the high authority of the Superior Administration of the Swiss Confederation, and shall work under its supervision. Its powers shall be determined by common accord between the States of the Union.
The present convention shall be submitted to periodical revisions
the purpose of introducing improvements calculated to perfect the system of the Union.
With this object, Conferences shall take place successively in one of the contracting States between the delegates of said States.
The next meeting shall take place in 1885 at Rome.
It is understood that the High Contracting parties respectively reserve the right to make, separately, between themselves, special arrangements for the protection of industrial property, so far as these arrangements shall not interfere with the provisions of the present convention.
The States that have not taken part in the present convention shall be admitted to adhere to the same upon their application.
This adhesion shall be notified through the diplomatic channel to