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R
Li

Le ee Ra eaysecey

 
BY THE SAME AUTHOR.

 

EFFETS DE COMMERCE DANS LE DROIT ANGLAIS

comparés avec les principales législations étrangéres. Pedone-Lauriel,
Paris, 1884,

FRENCH LAW OF BILLS OF EXCHANGE, PROMISSORY
NOTES AND CHEQUES, compared with the Bills of Exchange Act,
1882. Waterlow & Sons, Limited, London, 1884.

LE CONGRES INTERNATIONAL POUR L’UNIFICATION
DES LOIS SUR LA LETTRE DE CHANGE et la part que peut y
prendre l’Angleterre. Bulletin de législation comparée, 1885.

THE ANTWERP CONGRESS AND THE ASSIMILATION
OF MERCANTILE LAW. Law Quarterly Review, 1886.

ASSIMILATION DES LOIS CONCERNANT LA LETTRE DE
CHANGE, le billet 4 ordre et la chéque sur la base du projet du congrés

international de droit commercial. Pedone-Lauriel, Paris. Larcier,
Bruxelles, 1888.

DEPARTMENT (COUNTY) COUNCILS, LOCAL MANAGE-
MENT AND TAXATION IN FRANCE. Reprinted from the Times.
London, 1888.

EMANCIPATION CONTRACTUELLE DE LA FEMME

MARIEE EN ANGLETERRE. Pedone-Lauriel, Paris, 1883.

NEW .FRENCH DIVORCE ACT. Law Quarterly Review, 1885.

NATURALIZATION. In re Bourgoise (Infants). Law Quarterly
Review, 1888.

LOBLIGATION POUR LES SOCIETES BRITANNIQUES
EN FRANCE de faire agéer un Francais responsable de l’impdt sur le
revenue. Journal de droit International Privé, 1888.

NATIONALITY, NATURALIZATION, DOMICILE AND
RESIDENCE IN FRANCE. W. Maxwell & Son, London, 1889.

FRENCH LAW OF PATENTS FOR INVENTIONS with the

changes therein made by the International Convention of 1883. Angio-
French Mercantile Review, 1883.

INTERNATIONAL PROTECTION OF MERCHANDISE
MARKS: France et Great Britain. Law Magazine, 1888.

LES FRAUDES DANS LES MARQUES COMMERCIALES
Nouvelle Législation Anglaise. Pedone-Lauriel, Paris, 1889. ,
THE

LAW OF FRANCE

RELATING TO

INDUSTRIAL PROPERTY.
THE

LAW OF FRANCE

RELATING TO

INDUSTRIAL PROPERTY,

PATENTS, TRADE MARKS, MERCHANDISE MARKS,

TRADE NAMES, MODELS, PATTERNS, DESIGNS, WRAPPERS,
PROSPECTUSES, EXHIBITION REWARDS AND MEDALS,
UNPATENTED INDUSTRIAL SECRETS, & COLONIAL,
ALGERIAN AND TUNISIAN REGULATIONS,

WITH A

Commentary on the Industrial Property Convention, 1883,

AND THE

PROVISIONS CONCERNING BRITISH INVENTIONS AND DESIGNS
AT FRENCH EXHIBITIONS.

BY

THOMAS BARCLAY, LLB., °

OF LINCOLN’S INN, BARRISTER-AT: LAW 3 KNIGHT OF THE LEGION OF HONOUR.

LONDON :

SWEET AND MAXWELL, LimiteEp,
3, CHANCERY LANE, & 8, BELL YARD, W.C.
Law Publishers,

MEREDITH, RAY, & LITTLER, MANCHESTER.
1889.
7365

LONDON
‘BRADBURY, AGNEW, & CO., PRINTERS, WHITEFRIARS
Dedication

TO

H. READER LACK, ESQ

  

COMPTROLLER-GENERAL

OF

PATENTS, DESIGNS, AND TRADE MARKS,

Dear Mr. Reaper Lack,

L take advantage of your kind permission to dedicate
this book to you. Of Englishmen no one has been more closely .
‘associated with the international questions arising out of the
matters composing it than yourself. You were present as
British Representative at the Conferences which elaborated the
International Convention of 1883 for the Protection of
Industrial Property. In this capacity you contributed your
mature experience to the creation of an International Union
with the darect and indirect effects of which Englishmen have

every reason to feel satisfaction.

In dedicating to you a book on a branch of French law
which has been so beneficially reformed by the Convention of
viii DEDICATION.

1883, I desire to record my humble recognition or your
eminent services in a great international work, and to thank
you for the obliging readiness with which you have always
gwen me any information at your command as well ds for many
valuable suggestions you have made in the course of perusing the

proof-sheets of this volwme.

Iam, dear Mr, Reader Lack,
Yours very faithfully,

THOMAS BARCLAY.

17, Ruz Pasquier, Paris,
May 4th, 1889.
CONTENTS.

 

 
 

 

aes

PAGE

INTRODUCTION ......... 1

Patents .. 2

Trade Marka ssieuenpoaen seein 6

Désieneen’l Madels aaigrisiadais iocuhaushde wen Hhuganianenatinanaa? (18

Merchandise Marks and Trade Mame et et eee

Fraudulent Competition 2.0.0.0... cere eteeeeersee 18

Exhibition Medals and Haward.. Jiviven as pamamu sera’ 1D

Industrial Property at Hulvoitiotis,... . 19

Industrial Property Convention .. 20

Explanatory Remarks .............. 29

Conclusion .. saigauleens 31
PATENTS FOR INVENTIONS.

Law of July 5, 1844 :
Part I.—General Provisions ............ aeiuse 3B
Part IJ.—Formalities respecting the geand ‘of Patents,

Section I.—Application for Patent .......... cee 86

Section II].—Delivery of Letters Patent veer AL

Section III.—Certificates of Addition.............. jad cxsies 43

Section IV.—Assignment and Transfer of Patents...... 46

Section V.—Publication and Inspection of Specifica-
tions and Drawings of Patents..

Part III.—The Rights of Foreigners ..............
Part IV.—Annulments and Forfeitures and Actions relating

 

thereto:
Section I.—Annulments and Forfeitures .................. 52
Section IIl,—Actions for Annulment and Poriatture . 57
Part V.—Infringements, Proceedings and Penalties ......... 60

Part VI.—Special and Temporary Provisions .................. 65
x CONTENTS.

 

PAGE
Official Instructions a at the Disposal of Applicants at the
Patent Office ...........4 66
Notice to the Public as regards ‘Bearches ‘a ‘the "Ministry "of
Commerce ....... souont titeriwadatdaneneembrensmasasese 69
Unpatented Tnduetvial Seats... nian in ve Waeddetarennggene: UO
TRADE MARKS,
Law of June 23, 1857 :—
Part I.—The Ownership of Trade Marks ........c.cscseee 72
Part II.—Provisions relating to Foreigners ..........0:+0+. 76
Part ITI.—Offences lat neat Reels BeBana steal 77
Part IV.—Jurisdiction . asm cidieriomiiesee, Be
Part V.i—General and Rempooaiy provision asians 84
Act to establish a Stamp or Special Mark to be affixed t to 5 Trade
and Merchandise Marks ............. . 85
Instructions relative to Carrying ne “the Dae of mane ‘93,
1857, and the Decree of July 26, 1858, on Trade and Mer-
chandise: Marks ssicesussnutersareureriditeedanedeosncciins 89)
MERCHANDISE MARKS AND TRADE NAMES,
Law: of July 28) 1824 vic. wse sce scvsecencctsiasansesenivenneuaint inasiesqued OE
Law of June 23, 1857 oe. cccseeseecestectsetsensassecsassessersceeseezeees 9D
Law of November 26, 1873 . sieiseisseere .. 108
Circular Issued by the French ‘Minister ‘of ‘Oommen 6 on ie
Marking of Goods of Foreign Manufacture with French
Names, February 26,1886 .............. seeree 105
Inventor’s or Patentee’s Name and accessory yp appallaciond: sisitee 107

DESIGNS AND MODELS AND Non-INDUSTRIAL DRAWINGS.
Law of March 18, 1806.. seine . 109
Articles of Penal Code relating to he: Tafeiigenient of ‘Destzais

(February 19, 1810).
Ordinance of August 29, 1825, regulating the Deposit of
Designs generally .. siiibee .. 113
Decree relating to ie. Registration, ot Westen ‘and: Models
from Countries with which Diplomatic Conventions have
established Reciprocal Guarantees for the Ownership of such

Designs and Models (June 5, 1861) .. . 114
Law of November 26, 1873, Art. 9........ . 115
Assignments ............065 . 116

 

Non-Industrial coca Designa ‘of Phospeqtuiaus, Ornamental
Headings, etc.... sansa seeasagnane dae deushaberenieuiatzwiarsoting ALG
CONTENTS, xl

 
 

PAGE

FRAUDULENT COMPETITION .........ccscscsecsecseetscsssseurstsecetareesecses 118
Fancy Names .. és .. 119
Wrappers, Labels Bottles, Colour, ees. sainasbaarapevinatesainais 120)
Form of the Product..... dake aban uaenceeraeeamsenrcaentiavendaaaes 120

Family Names ... 120
Initials... . 121
Unregistered ' wile. Mics and Repeodnetion.t in y Brospectinses... 121

 

EXHIBITION REWARDS AND MEDALS.
Law of April 30, 1886 ...........c:cssesssceecsecseceeasetsseeetsecsscsessse LOB

PROTECTION o¥ INVENTIONS, DESIGNS, MODELS AND TRADE-
Marks AT PUBLIC EXHIBITIONS.
Law of May 23, 1868.. Sade . 126
Law modifying those of July 5, “1844, ‘Relating 46 “‘Patenta for
Inventions, and of June 23, 1857, on Trade-Marks for Objects
admitted to the Universal Exhibition of 1889 (October 30,

1888) o..eeeeeees . 129
Article of Tnternattonal Paccntan of 1883 for the, Protection

Of Industrial Property ........sccccccsessessecsecseessrseneesesrscseseer LBL
TREATY ARRANGEMENTS BETWEEN ENGLAND AND FRANCE IN-

CLUDING THE INDUSTRIAL PROPERTY CONVENTION.. wivevew 134
Anglo-French Trade and Navigation are (ehniaiy 28,

1882)... eas .. 184

The International Convention ior ihe: Protection of Tndecwectel
Property (concluded March 20, 1883) ......:.ccccccessseressensee 186
Protocol .....seceeeee . 153
Accession of Her Majesty’ 8 s lovemmehit: ta the store ‘Genvention 157
Decree of the President of the French Pe es

 

 

the Convention in France.. seauaieavesis sveew 159
INDUSTRIAL PROPERTY IN THE FRENCH COLONIES AND ALGERIA 160
Patents 4 seve 160
Trade Marks ...... vee 164
Designs, Models, ane “Merchandise ‘Marks.. davetosweatexicovees LOO
Exhibition Rewards and Medals.. ieee - 166
International Convention for the. “Protection Of “Tnduateial
PROPOLLY: saeaccedsemasens deanse seule sar tatuerstianiseaaseanameramuceneae LOO
TUNIS .. . 167
Batactae. 167

 

Trade Marks, Desionay Mexchanilise “Marke, a, sigandneeneredanteas LSD
x1 CONTENTS,

PACE
APPENDICES.
A, Forms :—
Patents.
I.— Application for Letters Patent.. sehedlvanadvenng ent 186
IJ.— Application for a Patent by an dagen lductbta baa .. 187
II.—Power of Attorney to be annexed to this ‘application .. . 187
IV.—Less General Power of Attorney .. siulkarstontsne LOS
V.—Application for Letters Patent fava an :Tpantion patented
ADTOA |... ssrsareenuavsineaiee cnsvarenemnctiedin unsegesecccnss 188
VI. —Bpeetiteation ... sis secrereve 189
VIL—Application for | a ; Extent ae an ¢ Improvement $ in a
Patented Invention .........:cssecceceeeesat eee tecee ese eeees 189
VIIL.—Application for a Certificate of Addition ................ 190
IX.—Deed of Assignment of Total Property in a Padenti, einehat 190
X.—Assignment of part of a Patent ...... cee eeeeereeeee LOL
XI.—Certificate of Registration.............0.cssecseesseeeeereseres 192
Trade Marks,
I,—Power of Attorney by British Limited Company......... 193

II.—Attestation by Notary Public of Signatures of Directors
of a British Company ..........cseccceeeeseseeeeeeeerees 193

TII.—Form of Deposit... au iarspauinigarubosanaciasiavastoeraos AOE
IV.—Certificate of Registration, . ic aeg penis dactinlatusciesna’slewies, BOF
Designs and Models,
I.—Power of Attorney to Register .. sensisusstavasatneraaerae 19D
Il.—Certificate of Deposit of Desens or r Model . a hated lawaelearer 196

B. LONDON PATENT OFFICE NOTICES.
Patents (International and Colonial Arrangements), Rules, 1888 197

Schedule .............. Sinavactetmewcae: LOD
Consular Tegalivation ‘of Patent Office Dosimentac. ssivaastvers 200
International Convention ..............cceeeeeeeeeeeee cee seeeeeeteaseeteesee QOL

C, BRITISH COMPANIES.
Convention between Her Majesty and the Emperor of: the
French Republic relative to Joint Stock Companies ............ 202
D. PROPOSED PROTOCOL adopted at the Rome Conference, 1886,
of the International Union for the Protection of Industrial
PROPOR" cisco seewetsisvatesehvuanendu loud aieude sdianeeadseeatanesd@euteten sh 204
HE, EIFFEL. TOW BR. 4: cissastecsascnoversevvaecuetinesvdicscccdieebabstvaerisves BLU
WORKS OF REFERENCE ON THE FRENCH
LAW OF INDUSTRIAL PROPERTY.

PATENTS.

ALLARD. Des Inventions brevetables, Paris. 1885,

BuaNnc. L’Inventeur breveté. Paris, 3° Edition, 1852.

HUARD ET PELLETIER. Reépertoire de Législation et de Jurispru-
dence en matiére de Brevets d’Invention. Paris. 1885.

MALAPERT. Nouveau Commentaire des Lois sur les Brevets d’Inven-
tion. 1879.

NovevuieR. Des Brevets d’Invention et dela Contrefacon. 1858.

PICARD ET OLIN. Traité des Brevets d’Invention et de la Contrefagon
industrielle. 1869. Code général des Brevets d’Invention. 1882,

POUILLET, Traité théorique et pratique des Brevets d’Invention.
1879,

RENDU. Brevets d’Invention. 1879.

RENOUARD. Traité des Brevets dInvention. 1865.

TRADE-MARKS, DESIGNS, MODELS, MERCHANDISE
MARKS, FRAUDULENT COMPETITION, &c.

FAUCHILLE. Traité des Dessins et des Modéles industriels. 1882.

Huarp. Répertoire de Législation, de Doctrine et de Jurisprudence
en matiére de Marques de Fabrique, &c. 1865.

POUILLET. Traité des Marques de Fabrique et de la Concurrence
déloyale. 1883. Traité théorique et pratique des Dessins et Modéles
de Fabrique. 1884, :

RENDU. Traité pratique des Marques de Fabrique et de Commerce
et de la Concurrence déloyale. 1858.

NICOLAS ET PELLETIER. Manuel de la Propriété industrielle. 1888.

POUILLET, Marvin St. LEON ET PATAILLE. Dictionnaire de la
Propriété industrielle. 1887.

Annales de la Propriété industrielle, artistique et littéraire. 1854—
1889. (Reports.)

La Propriété industrielle, organe officielle du Bureau international
de I’Union pour la Protection de la Propriété industrielle, 1885—1889,

DALLOZ. Recueil de Jurisprudence, 1845—1889. (Reports.) Supplé-
ment du Répertoire alphabétique. 1887—1889.
ERRATA AND ADDENDA.

—+—-

Page 6, lines 23 and 24 from top. This has been modified by sec. 13 of

”

29

the Patents, &c., Act, 1888. Therefore, read ‘*one month is
allowed for opposition after the advertisement of the application,
or such further time not exceeding three months as the Comp-
troller may allow (sec. 69).” ,

7, line 23. It has, however, been decided by the High Court that
an exclusive right can only be acquired when the mark is one
strictly within the meaning of the Act. Otherwise the Court
can remove even after five years. ‘

42, Art. XI., § 4, and p. 44, Art. XVI.,§ 3. The fees mentioned for
second copies, viz. 25 f. and 20 f., are considered very high
for the purposes of the International Convention. Chapter IV.
of the Réglement agreed to at Rome (see Attestations de protec-
tion légale, p. 206) was intended to reduce the cost of evidence
required upon the extension of the time for registration in the
various States of the Union.

49, line 4 from top, for ‘‘ Royal” read ‘* Government.”

51, Art. XXVII., note (a). See Dispositions explicatives (p. 205),
agreed to at Rome, as to assimilation of subjects of States not
forming part of the Union.

55, add at end of last line but one from bottom, ‘‘ See also p, 130,
Art. III.”

68, line 12 from top. Read ‘‘ need” instead of ** shall.”

85 et seg. It would perhaps have been better to use the word
punch instead of puncheon as the translation of poingon. The
sense intended is the same.
xvi

ERRATA AND ADDENDA.

Page 137, Art. IIL, note (a). Sce p. 205, Dispositions explicatives.

a

139,

Sce p. 204, proposed addition to Art. V.

» 144, ‘The words ‘‘ duly registered” in Art. VI. are the translation

of régulierement déposé. As there is no preliminary exami-
nation under French law, the dépét of the mark is all regis-
tration amounts to, but it means simply lodging an application
for a certificate that a claim to property in the mark has been
duly recorded. It seems reasonable, therefore, that réguliére-
ment déposé should be understood as implying no more than
“duly lodged” or ‘‘ deposited,” seeing that a mark might not
be able to be registered though duly deposited (say applied for)
in one State, whilst there might be nothing in the way of its
registration in other States. This I am assured on excellent
authority, was the meaning attached to the Article in question
by the Conference at which it was adopted.

>» 154, line 5 from top. As regards the words ‘‘properly registered,”

the previous note is equally applicable.
INTRODUCTION.

—_+-—

Tue title of this book requires some explanation, Ivznopvc-
seeing that the words “ industrial property’ do not aie
in themselves convey the limited sense in which I ees
have employed them. ‘The term is a French one, a
and has been much abused for its inexplicit charac-
ter. It has, nevertheless, for convenience sake
and for want of a better one, found ‘universal
adoption in France.

The International Union for the protection of
patents, trade-marks, &c., adopted it for the same
reason, and through the Industrial Property Con-
vention, and the Parliamentary papers connected
with it, it has already made a step towards acclima-
tization in the United Kingdom. I have therefore
thought myself justified in using it as the title of a
treatise embracing a variety of subjects which cannot
otherwise be conveniently described under a single
heading. 7

BP. B
ae

2

IntRopuc-
TION.

Tendencies
of Patent
law
reform.

Prelimi-
nary exa-
mination,

Resolutions
submitted
to Congress
of 1878,

INTRODUCTION.

PATENTS.

The French law of patents for inventions at
present in force dates from 1844.

Since then the legislation on patents of every
other country has undergone modification. New
problems, moreover, have been raised and solved in
one way or another, new principles developed, and
so much ingenuity applied to the subject that it
would be no easy task to do justice to the different
arguments and theories propounded in France alone.

The tendency of the reforms which have been

worked out elsewhere since 1844 has been towards ©

what may be called the opposite pole of opinion
from that underlying French law.

The primordial question in Patent law is the
nature of the rights granted to the patentee. This
question takes the practical form of whether or not
the subject-matter of the application for letters-
patent is submitted to a preliminary examination,
and if so, to what kind of preliminary examination
it is submitted.

The five resolutions which were submitted to the
Paris Congress on Industrial Property of 1878
fairly represent the chief lines of opinion on the
subject. All except the fourth were supported by
different French authorities on Patent law.

They were as follows :—

1. The patent shall be delivered to the applicant
s

PATENTS.

3

at his risk and peril, without preliminary examina- InzRopvc-

tion ;

2. The patent shall be delivered to any applicant
at his risk and peril; it is nevertheless desirable
(utile) that the applicant receive previous notice,
especially on the subject of novelty, in order that
he may persist in, modify or abandon his applica-
tion, as he likes ;

8. It is necessary to subject applications for

patents to a preliminary examination relating exclu-
sively to the question of novelty as regards patents
previously delivered ;
_ 4. Patents shall only be registered after publica-
tion. In case of opposition patents shall be sub-
jected to a preliminary examination as regards the
degree of novelty of the invention. This examina-
tion shall be made by an administrative department,
against the decision of which appeal can be made to
a superior jurisdiction of the judicial order ;

5. Applications for patents are subjected to a pre-
liminary examination. This preliminary examina-
tion cannot entail rejection of the application by the
examiners, but the right of opposition shall be
granted to the administrative department, as well
as to third persons, by means of proper publicity.
Opposition entered according to law shall be dealt
with by the Courts of law.

Among these solutions of the difficulty of prelimi-
nary examination, French lawtakes the simple course

of applying the first, viz., that of delivering the patent
B2

TION.

French
system
4

Inrropuc-
TION.

German,
American,
and
British
systems,

Changes in
French Jaw
since 1844,

Examiners
under

British Act.

INTRODUCTION.

at the patentee’s own risk entirely; Germany and
the United States apply the system of preliminary
examination in its fullest sense, extending it to both
subject-matter and novelty; and in the United
Kingdom an intermediate system is applied (a).

The system in France is that of the law of 1844,
which has only been modified by the law of May 31,
1856. This Act altered Article 32 on the forfeiture
of patent rights (q.v., p. 54). Some exceptions
have been decreed from time to time to the same
Article on special grounds, but they have applied
only to temporary relief of the patentee against
forfeitures for non-payment of the annual fees, or
for non-working of the patent owing to industrial
or commercial disturbance caused by political events
(Arrété, February 25, 1849 ; Décrets, Sept. 10, 1870,
Oct. 14, 1870, Jan. 25, 1871; Arrété, July 5, 1871),
or to exhibits of patentees at French Exhibitions
(Laws of May 2, 1855, April 3, 1867, April 8, 1878,
and July 5, 1881).

The law of 1844 has also been completed by that

(a) Under the Act of 1883 a staff of examiners of patents
has been appointed, and though it was propesed in the Draft
Bill to invest these examiners with the duty of reporting to
the Comptroller on the subject-matter of the patent, the Act
confines their functions to ascertaining and reporting whether
the nature of the invention has been fairly described, whether
the application, specification, and drawings (if any) have been
prepared in the prescribed manner, and whether the title
sufficiently indicates the subject-matter of the invention
(Sect. 6). See Wallace’s Patents, &c. Act, 1883, p. 18.
PATENTS.

of May 28, 1868, on provisional certificates for the
protection of inventions shown at Exhibitions sanc-
tioned by Government, and new provisions in favour
of foreigners were introduced by the Industrial
Property Convention of 1883 (see p. 136).

Twice, moreover, private Acts have been passed
by Parliament, prolonging the duration of patents
in accordance with Article 15 of the law of 1844
(June 18, 1856, and August 1, 1860).

In 1858 the Government brought in a Bill super-
seding the law of 1844, with many alterations, the
most important of which was the power it granted
to the patentee to demand confirmation of his patent
after two years’ working of his invention; on con-
firmation the patent remained liable to forfeiture,
but could no longer be attacked as void ab initio.

This Bill, however, was allowed to drop, and no
further measure of reform has ever since been
seriously discussed in Parliament.

Thus in France a patent remains, as provided in
the law of 1844, merely a document certifying that
the patentee has made a declaration that the inven-
tion patented is his. It implies no sort of guarantee
of his title, the law even specially providing that he
shall add after the word ‘“breveté’’ (patented),
“‘sans garantie du gouvernement” (without guar-
antee of the government).

5

Intropuc-
TION.

Private
Acts pro-
longing
Patents.

Proposed.
reforms.

Principle
of French
Patent
law.
6

Intropvc-
TION.

Laws and
Regula-
tions
relating to
Trade
Marks,

Differences
between
British and
French
law.

INTRODUCTION.

TRADE-MARKS.

The French law of Trade Marks is of somewhat
more recent origin than that of Patents for Inven-
tions. It is contained in the law of June 23, 1857.
The Trade-Mark Rules provided for in Article 22
of that Act were issued on July 26 of the following
year (1858). The law of November 26, 1873, pro-
viding for a special stamp to be applied to Trade
Marks (sce p. 85), added some new provisions to
the law of 1857. Since then till now the law on
the subject has undergone no change, apart from the
alterations introduced in favour of the Contracting
States by the Convention of 1883 (sce p. 186).

The differences existing between the laws of
England and France in regard to patents are still
greater as regards trade-marks.

Under the English Act of 1888 the Comptroller,
if he thinks fit, may refuse to register a trade-mark,
subject to appeal to the Board of Trade, which in
turn may refer the appeal to the law courts (sec. 62).
Essential particulars as to what constitutes a trade-
mark are laid down (sec. 64): it must be registered
for particular goods or classes of goods (sec. 65) ;
two months are allowed for opposition after the first
advertisement of the application (sec. 59): a trade-
mark, when registered, can be transferred only in
connection with the good-will of the business to
which it belongs (sec. 70) ; the Comptroller, except
when the Court has decided that two or more
TRADE-MARKS.

7

persons are entitled to be registered as proprietors Po

of the same trade-mark, must decline to register, in
respect of the same goods or description of goods,
a trade-mark identical with one already on the re-
aister with respect to such goods or description of
goods (sec. 72), or in respect of the same goods or
description of goods a trade-mark so nearly re-
sembling a trade-mark already on the register as to
be calculated to deceive (sec 72). Lastly, the regis-
tration is primd facie evidence of the right to the
exclusive use of the trade-mark, and after the
expiry of five years from the date of registration is
conclusive evidence of the right to the exclusive use
of the mark (sec. 76), and no person is entitled to
institute proceedings for the infringement of a trade-
mark unless it bas been registered, if registration
is possible (sec. 77).

Thus the registration of a trade-mark in Great
Britain involves a preliminary examination, and is a
condition of ownership, and it raises a presumption
of the rightful property in the mark, which becomes
absolute after five years from the date of registra-
tion.

French law is based on exactly the reverse prin-
ciple. There is no preliminary examination. The
authorities will register any mark whatsoever: the
registration is only the affirmation of an alleged
right to the exclusive use of the mark, the property
in the mark existing independently of registration,
and no length of user of the mark can render the

No preli-
minary
examina-
tion.
8 INTRODUCTION.

TETRODUE: right to use it indefeasible. All registration does

-_——— is to raise a presumption of priority in favour of ;

Effect of : : -

registra’ the person registering it, and to give the real owner

ee a right of action against infringers. in the Correc/
tional as distinguished from the Commercial Courts,
thus protecting the owner by criminal and civil
instead of by civil remedies only.

oe A consequence of the theory of French law, that

without the trade-mark is like any other kind of rights, is

good-will. that it can be assigned without and independently
of the good-will of the business to which it
belongs.

No register Lastly, there is no register of assignments.

of assign-
ments,

DESIGNS AND MODELS.

Designs and models, of all kinds of industrial pro-
perty, have been the most neglected by the French
Legislature. In fact, they are practically only pro-
tected in virtue of a law of March 18, 1806, creating

Tawsand a Conseil de Prud’hommes for the town of Lyons.
nee The application of this enactment was later on
Designs ~~ extended by a royal ordinance to the whole country,
Models. but every attempt to bring the law into harmony
with present exigencies has as yet proved abortive.

The enactments relating to designs are as
follows :—

Law of July 19, 1798, on copyright (artistic
as distinguished from industrial) (b); the above-

, (0) The right to protection generally was originally depen:
DESIGNS AND MODELS.

mentioned law of March 18, 1806, as to a Conseil

9

cee

de Pru@’hommes for Lyons; Arts. 425, 426, and 427 ————

of the Penal Code (Feb., 1810); ordinance of
August 29, 1825, on the registration of designs;
and the Act of May 11, 1868, for the protection
of designs at public Exhibitions.

There is no law which specially relates to or
mentions models ; but, in practice, they are treated
as designs (c).

4

dent on Art. 1 of this Act. The protection of this article is
now held to be confined to artistic, or at least non-industrial,
as distinguished from industrial designs.

(c) The law relating to designs and models, as has been
remarked in the text, is in a very unsettled condition, and
though reform has ‘been on the tapis since 1847 and three
measures have been before Parliament at different times, viz.,
in 1847, 1864, 1877, no general act on the subject has yet
been adopted. The last attempt to legislate on the subject,
that made in 1877, was a bill drawn by M. Bozérian. It
passed through the Senate, but owing to pressure of other
legislation it has never been dealt with by the Chamber of
Deputies.

In his Exposé des Motifs M. Bozérian described the existing
confusion in the following terms :—“I confine myself to
reminding you that according to certain jurisconsults (their
opinion has not been confirmed by any judgment in appeal)
the ownership of trade models ought to be protected without
the necessity of any formality ; that according to some decisions
these models enjoy no protection by our laws (Paris, March 31,
1857 ; Annales de la Prop. Industrielle, 1857, p. 248) ; that
according to others again they are protected by the law of
July 19, 1793, but only when they have an artistic character
(Prop. Industrielle, Nos. 215 et 260); that according to still
others they are in all circumstances protected by this law
(Paris, August 13, 1837, quoted by Et. Blanc, De la Contrefagon,

?

Imperfec-
tions of
French law
of Designs
and
Models.
10

IntRopuc-
TION.

British and
French law
contrasted.

INTRODUCTION.

The principles of French law as regards designs
and models diverge, as they do from those of
Englishmen and British law, on nearly all the
matters treated of in this volume.

The British Act of 1883 limits the duration of
the protection of designs by registration to five
years (sec. 50) ; it gives the Comptroller discretion
to decline to register a design, subject to appeal
against his decision to the Board of Trade (secs. 47
and 48); before delivery on sale of any articles to
which a registered design has been applied, the:
proprietor of the design must mark each article’ |
with a prescribed mark or with words or figures
denoting that the design is registered (sec. 51;
rule 82) ; the application for registration must be
accompanied by specimens of the design (rule 9),
though, while the copyright exists, the design is not
open to inspection, except by the proprietor or by
authority of and in the presence of the Comptroller
(sec. 52). Lastly, the Comptroller may make

p. 311), in which case the registration would be public ; and that
others on the coutrary maintain they are in no circumstances
protected by this law, but are so by the law of March 18, 1806
(Cass., 2 August, 1854; Annales, 1856, p. 6), in which case
the registration is secret ; that lastly, according to the eclectics,
they are protected by the law of 1793, if they can be con-
sidered as works of art, and by that of 1806, if they are simply
industrial products (Cass., June 8, 1806, Prop. Ind., No. 145).
If jurisconsults have difficulty in finding their path amid
this judicial labyrinth, how can persons without any legal
training avoid mistakes which are often irreparable ? ’
DESIGNS AND MODELS,

Searches as to novelty (rule 35), and furnish in-
formation as to the existence of copyright (sec. 58),
on payment of prescribed fees.

French law, on the other hand, treats the regis-
tration of designs and models as a mere matter of
custody. Any person who deposits a sealed packet
in the prescribed form can assert ownership of the
design or model for three or five years or in perpe-
tuity on payment of the fees chargeable. The
contents of the packet are secret, known to the
depositor only. There is thus no preliminary ex-
amination or discretion whatsoever with the Regis-
trar, who simply gives a receipt for a sealed packet
containing certain designs or models, relating to the
manufacture specified, of the depositor. There is no
check upon the ignorance of the ‘‘ depositor” to
prevent disappointment where, for instance, the
thing registered as a design or model should have
been registered as a patent. There is no system of
marking goods for the protection of the public, no
system of searches or furnishing information, no
complete record of expired designs, and, in fact,
very little system at all. The designs and models
registered in Paris used to be transferred, after
expiry of the time for which they were deposited, to
the Industrial Arts Museum (Conservatoire des Arts
et Métiers), but this is no longer done. There is
therefore not even an ultimate benefit to the public
from granting provisional protection.

li

Intropuc-
TION

 

Registra-
tion a
matter of
custody.

Registrar
has no
discretion.

No system

of marking
goods

under re-
gistration, =»
12

Intropuc-
TION.

Enact-
ments
relating to
Merchan-
dise Marks
and Trade
Names.

Penal law

INTRODUCTION.

MERCHANDISE MARKS AND TRADE NAMES.

The law of merchandise marks and trade names

is no exception to the rule. It is incomplete, un-

certain, and in need of reform.

The laws under which trade names are at present
protected in France, apart from the International
Conyention for the Protection of Industrial Pro-
perty, are the Trade Names Act of July 28, 1824,
and Article 19 of the Trade Marks Act of June 23,
1857. The law of 1824 provides that any person
who shall affix, or by adding, shortening, or any
other alteration, shall cause to appear on manutfac-
tured goods the name of any manufacturer but their
real manufacturer, or the style of any manufactory
but that at which the goods were manufactured, or
the name of any place but that of manufacture, will
be liable to the penalties prescribed by Article 423
of the Penal Code, and to damages where they
exist, and that any merchant, commission agent, or
tradesman will be liable to prosecution who know-
ingly exhibits for sale or sells goods marked with
pretended or altered names.

The article of the Penal Code above referred to
provides that whosoever shall have deceived a pur-
chaser as to the nature of the goods sold, is liable
to imprisonment for from three months to one year,
and to a fine not exceeding one-fourth part of the
damages awarded, or less than fifty francs.

The above Statute only mentions manufacturers,
MERCHANDISE MARKS,

13

manufactured articles, manufactories, and places of Inzrovuc-

manufacture, and thus protects only manufacturers.
It does not protect merchants who place their names
or marks on articles offered for sale, but not manu-
factured by them.

The remedy of a merchant for the protection of
his name or mark is not under this Act but by civil
action for fraudulent competition under Article 1882
of the Civil Code (see p. 98).

Article 19 of the Law of 1857 provides that ‘all
foreign articles bearing either the trade-mark or
name of a manufacturer residing in France, or the
mame or place of a French factory, are prohibited
from entering or passing through France, or being
warehoused there, and may be seized wherever
found, either by the Customs authorities, or at the
imstance of the Public Procurator, or of a person
whose rights are infringed.”

The wording of this statute, as is seen, is absolute.
Tt does not distinguish between a case where there
is fraudulent intent and cases where there is none.

TION.

protects
manufac-
turers’
marks
only.

Merchants"
marks,

Checks on
importa-
tion of
falsely
marked
goods.

The Court of Cassation, however, by a decision of Old ruling

April 9, 1864, declared the above Article 19 of the
Law of 1857 applicable only in case of fraudulent
“‘ usurpation,” and that, consequently, there was no
offence where a manufacturer had caused or per-
mitted his name or mark to be placed on goods
manufactured abroad. In other words, the statute
did not protect the public, but manufacturers only.
A Ministerial Circular, issued on June 8, 1864, gave

of Court of
Cassation.
14

IntTRopuc-
TION.

New ruling.

Elbeuf on
collective
reputation.

INTRODUCTION.

instructions for the application of Article 19 of the
Law of 1857 in this sense (d).

The Court of Cassation, in 1884, however, sud-
denly veered round, decided that its ruling of 1864
was misunderstood, and rushed into the opposite
extreme. It found that Article 1 of the the Law of
July 28, 1824, ‘‘ prohibits absolutely and punishes
the placing on industrial products of the name of
any place other than that of manufacture, or the
causing of its appearance by means of any altera-
tion; and that the principles laid down by this Law.
have been maintained and confirmed by Article 19 :
of the Law of 23rd June, 1857, by the terms of
which all foreign products bearing either the mark
or the name of a manufacturer residing in France,

(d) The circular of June 8, 1864, gave rise to agitation in
several of the industrial centres at the time, but nothing was
done for twenty years to give satisfaction to the complainants,

‘The reputation of the manufactures of our district,” said
the Chamber of Commerce of Elbeuf, “is due to the dexterity
and honesty of the manufacturers as well as to the choice of the
good materials they particularly employ. This reputation
makes the name of the town a collective property as valuable
and as much to be respected as the individual name of each
manufacturer. Under the decision of the Court of Cassation any
manufacturer of Elbeuf could get cloths manufactured in Eng-
land or Belgium with inferior materials, introduce them into
France, and with fraudulent intent mark them with his name
and the name of this town. It is easy to see what may be the
consequences of this decision, and what frauds may result
from it. Mere men of straw might introduce into France
quantities of objects of foreign manufacture bearing the names
of French places of manufacture.”
“MERCHANDISE MARKS,

or the name or place of a French manufactory, are
prohibited from entry, excluded from transit or
warehousing, and may be seized wherever found,
either at the instance of the Customs authorities, or
of the Public Procurator, or of any person whose
interest is affected” (e). This new decision ren-
dered it requisite for M. Lockroy, then Minister
of Commerce, to recall the instructions contained
in the Ministerial Circular of June 8, 1864, and
to issue a fresh Circular, in virtue of which for
the future all goods without distinction, coming
from abroad, and bearing the mark or name of a
French manufacturer or locality, or even a name
from which it. might be inferred that the articles
were of French origin, are to be seized. A number
of seizures have been made by the authorities in
consequence of these instructions.

The ruling of the Court of Cassation seems, how-
ever, to have been misunderstood again, for the
Courts of Law have not upheld a number of seizures
which were apparently in accordance with the de-
cision of the Court of Cassation and Ministerial
Circular (f).:

In presence of the uncertainty of the law, M.
Lockroy, as Minister of Commerce, brought in a
Bill for ratifying, by a legislative enactment, the

(e) Court of Cassation, February 23, 1884,

(f) See summary of the different rulings, p. 100. See also
my articles in the Law Magazine and Review, May, 1888, and
in the Law Quarterly Review, April, 1887.

15

Intropvc-
TION.

M. Lock-
roy’s
Circular.

Proposed
legislation.
16

INTRODUCTION.

Intropvc- Jater ruling of the Court of Cassation. M. Lockroy

TION.

M. Dietz-
Monnin’s
Bill.

M. Lock-
roy’s bill,

was not aware that M. Bozérian had laid a Bill
on the table of the Senate as long ago as 1879.
This Bill dealt with the fraudulent use of trade
names and medals and rewards. It was subse-
quently divided into separate bills, of which that
relating to medals and rewards passed into law in
1887 (sce pp. 123 et seq.). The other was adjourned
for inquiry by a Special Committee of the Senate,
and the report of this Committee, drawn up by M.
Dietz-Monnin, was published also in 1887.

The general opinion of the Committee was that
there should not be a mere amending law, and that,
in view of the advantage thereof to mercantile men,
the subject should form the matter of a single con-
solidation Bill.

A general Bill, in thirty articles, was therefore
brought in by M. Dietz-Monnin, and thereafter a
counter-Bill by M. Bozérian, dealing specially with
the question of fraudulent marks employed for the
purpose of representing commodities, manufactured
or coming from abroad, as of French origin.

M. Lockroy withdrew his Bill on Jearning that |
the discussion of the matter was already so far
advanced.

M. Lockroy’s Bill made an offence of the bare
placing on goods of the name of any place
other than that of their origin. This was a pro-
vision in accordance with what was supposed to be
the current ruling of the Court of Cassation, and
MERCHANDISE MARKS,

would have been similar in effect to the British
Merchandise Marks Act.

M. Dietz-Monnin’s Bill grants ‘the same protec-
tion to Merchandise Marks and Trade Names as to
Trade-Marks under the Law of 1857 (q).

M. Bozérian’s Bill provides as follows :

Art. I. “ A fine of 1000 to 5000 francs and im-
prisonment of from three months to three years, or
one of the two, shall be imposed upon :—

“©(1.) Those who, with fraudulent intent, have
placed on goods either manufactured or
coming from abroad, or on wrappers,
bands, or labels, any names, marks, signs,
or indications destined to make believe
(destinés & faire croire) that the goods
have been manufactured in or come
from France. ;

*©(2.) Those who, with the same intent, have
employed fraudulent means or’ com-
binations of a nature to deceive (de
nature & tromper) in regard to the true
origin of goods.

“«(3.) Those who fail to indicate the country,
when goods are manufactured in or come
from a foreign locality bearing a name
similar to that of a French locality.

‘*(4.) Those who have knowingly sold, exhibited
for sale, introduced or endeavoured to

(g) Arts. 12, 17, 18, 19.
B.P. Cc

17

Intropve-
TION.

M. Bozé-
rian’s Bill.
18

IntRopUg-
TION.

French law
- of torts.

Meaning of
‘*fraudu-
lent compe-
tition.”

INTRODUCTION.

introduce into France, or put into cir-
culation such goods.”

The clause proposed by M. Bozérian, it is seen,
distinguishes between innocent and fraudulent cases,
by making fraudulent intent the criterion.

No decided course has yet been adopted by the
French Legislature, which has shelved the question
again on the pretext of making a fresh inquiry
among the representative trade corporations.

FRAUDULENT COMPETITION.

A number of frauds which would, or might be,
repressed in England by injunction, fall in France
under the application of Article 1882-of the Civil
Code, which is the foundation of the French law of
torts. This Article is as follows: ‘‘ Every act
whatsoever of a man which causes damage to
another, renders the person by whose fault it has
occurred liable to repair it.” Such acts are con-
veniently summed up, in connexion with trade com-
petition, under the term concurrence déloyale, or
“fraudulent competition.” Under this heading,
which comprises many things beyond the scope of
this work, fall imitations in the form or colour of
wrappers, bottles, boxes, prospectuses, and all kinds
of frauds not specifically dealt with by other enact-
ments.
INDUSTRIAL PROPERTY AT EXHIBITIONS.

EXHIBITION MEDALS AND REWARDS.

A recent law, to which reference has been made
above (see p. 16), specifically deals with Exhibi-
tion Medals and Rewards, and represses the fraudu-
lent assumption and use of such prizes.

INDUSTRIAL PROPERTY AT EXHIBITIONS.

Another subject connected with Exhibitions is
the protection of Patents and Designs at indus-
trial gatherings. Novelty, as we have seen, is
a condition of validity of the grant of a patent or
of the registration of a design. A system of provi-
sional protection was introduced by an Act of 1868
which enables poor exhibitors and such as have not
completed the formalities of registration or merely
desire provisional protection, to obtain it gratuit-
ously for the duration of the Exhibition and three
months after. As regards British subjects the In-
ternational Industrial Property Convention of 1883
grants special delays of priority in favour of the
subjects and citizens of the States belonging to it.
However, British Colonies, except Queensland, have
not yet taken advantage of Sec. 104 of the Patents,
Designs and Trade-Marks Act, 1883, which provides
for their joining the Union, and meanwhile the
ordinary law of France applies to them.

o2

19

IntRopvo-
TION.

 

Temporary
protection
at Exhibi-
tions.

British
Colonies
outside the
Union.
20

IntRopuc-
TION.

 

Origin of
the Con-
vention.

Accession
of British
Govern-
ment.

INTRODUCTION.

INDUSTRIAL PROPERTY: CONVENTION.

This Convention and the scheme of a Union for
the protection of Industrial Property, resembling
in some sort the Postal Union, sprang from a Con-
gress which was held at the Exhibition of Vienna
in 1878. The question was taken up again at the
Paris Exhibition of 1878. An elaborate discussion,
the official report of which is one of the most com-
plete and valuable collections of opinions on the
subject extant, laid a solid foundation on which
some practical structure could be raised. On the
proposal of an Italian delegate, Mr. Romanelli, a
permanent committee was appointed, and in 1880,
under its impulsion (as appeared from the opening
speech of M. Teisserenc de Bort, then Minister of
Commerce,) the French Government called an
official conference to draw up a convention. This
conference, which was attended by Mr. H. Reader
Lack, the Comptroller-General of the Patent Office,
on behalf of the United Kingdom, and by official
delegates from fifteen other States, acquitted itself
very creditably of its difficult task. A scheme was
drawn up, which the negotiating States took time to
consider, and when the delegates met again in 1883,
this scheme, with but slight modifications, was
adopted. It was promulgated by France on the
6th—8th July, 1884, and the British Government,
under sec. 103 of the Patents, Designs and Trade-
INDUSTRIAL PROPERTY CONVENTION.

Marks Act, 1888, joined the Union on the 17th
March, 1884.

Though the Convention was so warmly promoted
by the French Government, and the three Confer-
ences from which it directly sprang were all held in
Paris, it has never been very popular in France.
Many persons, anxious as they were to secure pro-
tection for French industrial property abroad, did
not wish to grant like protection to foreigners. <A
number of French Chambers of Commerce took up
the question and memorialised the Government on
the subject. Of these not a few even proposed
purely and simply to denounce the Convention.
Others, including the Paris Chamber of Commerce,
proposed only a partial revision.

The Articles to which objection has been raised
on one hand or another, are 1, 2, 3, 4, 5, 9, 10 and
16, thus comprising all the chief clauses.

A special question has arisen between Great
Britain and France in connexion with the Conven-
tion which was brought before the meeting of the
Union at Rome in 1886, and will be brought again
before it at its next meeting in Madrid.

The point raised by the British Government was
the desirability of extending the application of
Articles 9 and 10.

Article 9 of the Convention provides that:

“ All goods illegally bearing a trade-mark or
trade name may be seized on importation into those

21

Intropuc-
TION.

 

Agitation
in France
against the
Conven-
tion.

Altera-
tions pro-
posed at
Rome.
22

INTRODUCTION.

Intropuc- States of the Union where this mark or name has a

TION.

Action of
the Shef-
field
Cutlers’
Company.

right to legal protection,” and that

‘The seizure shall be effected at the request of
the public prosecutor, or of the interested party, pur-
suant to the internal legislation of each country.”

Article 10 of the same Convention restricts the
application of Article 9. ‘The provisions of the
preceding Article,” it states, “‘ shall apply to all
goods falsely bearing the name of any locality as
place of origin, when this indication is associated
with a fictitious trade name, or one assumed with a
fraudulent intention.” ‘‘ Any manufacturer of, or
trader in these goods, established in the locality
falsely designated as the place of origin, shall be
deemed an interested party.”

Thus, the fraudulent use of the name of a place
of manufacture does not fall within the scope of the
Convention, unless associated with a fictitious trade
name or one assumed with fraudulent intent.

The question was to get this restriction removed.

The subject came to the front through recent
efforts of the Cutlers’ Company to protect them-
selves against the fraudulent use of the mark
‘* Sheffield,” in Germany and France.

In consequence of this Company’s representations
an inquiry, made by Her Majesty’s Ambassador
in Paris, elicited a letter, dated January 8, 1885,
from M. Jules Ferry, French Minister for Foreign
Affairs, which was in the following terms :
INDUSTRIAL PROPERTY CONVENTION,

“On the 7th August last, your Excellency was
good enough to lay before me a request addressed
to the Foreign Office by the Company of Cutlers of
Sheffield, who complained that the word ‘ Sheffield’
was being inscribed on knives made in France and
not in the English town above named, with the
object of deceiving the buyers.

** You expressed, on the occasion to which I refer,
a wish to know if the legislation at present in force
in France had provided for the case in point, and if
the Government of the Republic was of opinion
that the 10th Article of the International Con-
vention of the 20th March, 1883, for the Protection
of Industrial Property, would be applicable to the
practice in question.

“This Article, as your Excellency may remem-
ber, authorises the seizure of all goods falsely
bearing as an indication of the place of origin, the
name of a particular locality, when this indication
is joied to a fictitious business name, or one
assumed with fraudulent intent.

‘“‘The Minister of Commerce, to whose notice I
have brought this communication, has just informed
me of the results of his examination. After having
called attention to the fact that the complaint of
the Cutlers’ Company of Sheffield raises questions
of law which only the tribunals have the power to
determine when the matter has been brought before
them by interested parties, M. Rouvier expresses
the opinion that the case in point does not fall

23

InrRopvu¢-
TION.

M. Ferry’s
letter as to
word
‘«Shef-
field” in
France.
24

ee within the application of the above cited Article of

 

INTRODUCTION.

the Convention of March 20, 1883. |

“This enactment does not protect, as such, the
name of a place, except when such name is joined
to a fictitious business name, or one assumed with
fraudulent intent.

‘* Now it is clear from the complaint of the Shel
field Cutlers that the name of their locality has been
employed by itself. Also, as to the other point
which concerns the legislation in force in France,
that portion of it bearing upon the present case is

found in the law of July 28, 1824, of which your ~

Excellency will find a copy appended.

“Tt is true that it punishes the placing on manu-
factured goods of the name of any locality other than
that oftheir manufacture. But, in accordance with
French jurisprudence, foreign manufacturers cannot
call this law into operation unless reciprocity has
been established by treaty.

“Hitherto no convention has been concluded
bringing about a reciprocity of this nature between .

France and the United Kingdom.
“This being so, it does not seem possible that
the Cutlers of Sheffield can take action in France

_ for the repression of the practice of which they

complain, in virtue of the law of 1824.”

M. Ferry’s contention amounted to this, that apart
from the protection granted under the International
Convention to English manufacturers against the
fraudulent marking of goods with the word ‘‘ Shef-
INDUSTRIAL PROPERTY CONVENTION.

field” where this word is joined to a fictitious
business name, or one assumed with a fraudulent
‘intention, the Cutlers of Sheffield can take no
action in France in virtue of the Law of 1824,
owing to the fact that there is no Convention
granting reciprocity between France and the United
Kingdom.

In this contention M. Ferry was doubly in error.
In the first place it is not indispensable that there
should be a treaty for British subjects to have the
benefit of the protection given to French subjects.
Article 9 of the Law of 1873, which M. Ferry entirely
overlooked, says: ‘“ The provisions of other laws in
force relating to trade names, merchandise and
trade marks, designs and models shall be applicable
in favour of foreigners, if the laws of their country or
international treaties insure the same protection to
Frenchmen.”

The British Chamber of Commerce in Paris took
up the question, contending that this reciprocity, in
any case, existed under Article 10 of the Commer-
cial and Maritime Convention between Great Britain
and France of February 28, 1882 (h).

(h) Article 10 of this Treaty, called “a Convention
regulating the Commercial and Maritime relations between
Great Britain and France,” is as follows :—

“The subjects of each of “Les ressortissants de
the two high contracting chacune des hautes parties
parties shall, in the dominions contractantes jouiront dans
of the other, enjoy the same les états de lautre de la
protection and be subject to méme protection et seront

25

Inrropuc-
TION.

M. Ferry’s
erroneous
conten-
tions.

Anglo-
French
Convention
of 1882.
26

Inrropuc-
TION.

British
representa-
tives in
Rome.

Treaty of
1860.

INTRODUCTION.

The British Government, however, preferred to
confine itself to promoting an amendment to the
Convention of 1883, and a strong delegation, com-
posed of Mr. Reader Lack, the Comptroller-General,
Mr.J.H.G.Bergne, C.M.G. (now Sir J. H.G. Bergne,
K.C.M.G.) of the Foreign Office, and Mr. Belk and

the same conditions as native
subjects in regard to the
rights of property in trade
marks, names of firms, and
other distinctive marks show-
ing the origin or quality of
goods, as well as in patterns
and designs for manufacture.”

assujettis aux mémes obliga-
tions que tous les nationaux
pour tout ce qui concerne la

ropriété, soit des marques de
tala et, de commerce, des
noms commierciaux,ou d’ autres
marques particuliéres indi-
quant VPortgine ou la qualité

des marchandises, soit des
modéles et dessins indus-
triels.”

See my Paper hereon in the Annual Report of the British
Chamber of Commerce in Paris for 1885.

The old Treaty of 1860, of which the Treaty of February 28,
1882, practically re-enacted the clauses not relating to the
Customs Tariff, was construed in the sense contended by the
British Chamber of Commerce in a decision of the Tribunal
of First Instance of the Seine of May 8, 1878 (Rowland v.
Bleuze, Hadancourt, and Others). This decision was as
follows :—

i. “Les traités de commerce intervenus entre la France et
la Grande-Bretagne, les 23 juillet, 1860, et 23 juillet, 1873,
stipulent la protection réciproque des marques de commerce,
dessins et modéles de fabrique et autres marques particuliéres
indiquant lorigine et la qualité des marchandises. Cette pro-
tection a été étendue par J’Art. 9 de la loi du 26 Novembre,
1873, au nom commercial et aux marques de fabrique au
profit des étrangers, pourvu que la législation ou les traités
internationaux assurent aux Frangais, en pays étranger, la
méme garantie. La loi anglaise du 7 aofit, 1862, déclare
INDUSTRIAL PROPERTY CONVENTION.

Mr. Hughes, Master and Secretary of the Cutlers’

27

IntRopuc-

Company of Sheffield, attended it for the special Cae

purpose of promoting the adoption of an additional
clause in the Convention couched by the British
delegates in the following terms :—

“Every article bearing illegally a false indication Proposed

additional

of origin may be seized on importation in all the article.

contracting States. The seizure may also be effected
in the country where the false indication has been
put on the goods, as well as the country into which
the goods are imported. The seizure shall take
place at the instance of the public prosecutor, or of
any interested person, individual, or company, in
accordance with the domestic legislation of each
State. The tribunals of each country must decide
what are the appellations which, by reason of their
generic character, do not come within the present
regulations. The authorities are not bound to seize

in case of transit.” This resolution was warmly

formellement, dans son Art. It, protéger les marques et noms
étrangers apposés sur des marchandises.”

2. “Tl est de principe constant et conforme au droit inter-
national que les étrangers ont le droit d’exercer_des actes de
commerce sur toutes les parties du territoire frangais, en y
jouissant de la méme protection que les nationaux ; il résulte
‘de ensemble de ces dispositions de loi que les sujets anglais,
méme sans domicile ni établissement commercial en France,
peuvent depuis 1860, invoquer le bénéfice des lois frangaises
et poursuivre, devant les tribunaux frangais, la réparation du
délit commis 4 leur égard et du préjudice qui leur a été
causé.” (Journal du Droit International Privé, 1878, p. 610.)
28 INTRODUCTION.

Ixrropvc- supported by the French delegates, and was carried
— by eight votes to one, with three abstentions, shewing

that the general sense of the Conference was
favourable to it.

Belgian Several Delegates, however, appear to have voted

mee in its favour, merely because they intended to vote
also for a rider, added at the suggestion of the
Belgian Delegate. This rider was as follows :—
‘“« There is no fraudulent intention in the case men-
tioned in Section 1 of Article 10 of the Convention,
when it shall be proved that the name on the im-
ported goods has been affixed to them with the
consent of the manufacturer, whose name is thus.
used.”

Bivens of M. Nicolas, Director of Inland Commerce, the

represen- French Delegate, protested strongly against this

tatives addition, which he declared inacceptable by France.
In fact, it amounted to reverting to the old ruling
of the Court of Cassation, which the same Court
had since repudiated.

The clause was nevertheless carried by five votes
to four, with three abstentions.

The British Delegates, as this rider seemed to be
in accordance with our then domestic practice, voted
likewise for it.

The upshot of the Conference, therefore, was that
certain States, including France, were prepared to
adopt the first part of the Article, and were hostile
to the second part, and that five States would only
adopt the first part with the second. In these cir-
EXPLANATORY REMARKS.

cumstances the result of the Conference at Rome
was, for practical purposes, nugatory.

Another Conference was to be held this year at
Madrid, where the proposed clause was to be brought
forward again, but the meeting has been postponed,
and in any case it is not probable that all the con-
tracting States will adopt the desired amendment.
As this amendment is quite unnecessary as regards
France, and Germany does not belong to the Union,
it seems questionable whether the course which is
being taken is the direct one to the object in view.

EXPLANATORY REMARKS.

In conclusion there are some matters as to which
a few words of explanation can be conveniently
said here.

I have cited many decisions of the Courts. I
must, however, warn the reader that decided
cases are not authorities in French law in the
same sense as in English law. They in no wise
‘bind later decisions as obligatory precedents. In
practice they are cited as precedents in argu-
ment, and though the judges are disposed to view
them favourably, and, in cases where there is a series
of homogeneous decisions, may be counted upon
not to disturb a settled legal impression, they
construe the written law without acknowledged

29

IntRopuc-
TION

Madrid
conference.

Effect of
precedents
io French
law.
30

IntRopuc-
TION.

Sense of
word

** Regis-
tration.”

INTRODUCTION.

reference to any previous constructions of the
same text or principle. A solitary decision taken
alone is, therefore, without much importance for
the later litigant, and no decisions can be relied
upon absolutely.

The reader will also find the word “‘ registration ”
used in two senses, which I have taken care always
to distinguish. Itis necessary to explain the pre-
cise sense of this term in French law. The French
equivalent of registration as applied to trade-marks
and designs is dépét. Enregistrement, which we are
obliged to translate by the word “ registration”
also, has quite a different meaning. It applies to
all documents, and is a fiscal registration solely. It
corresponds, if to anything in the United Kingdom,
to the ad valorem stamp. Its effect in law, however,
is important, as the date of this fiscal registration
fixes the date of the instrument as regards third
persons. Thus an assignment later in date can
gain priority over a previous one if it anticipates it
in fiscal registration.

CONCLUSION.

In conclusion, I may state that this volume has
been in course of preparation for a number of years,
during which I have collected matter not, I believe,
to be found together in any French work on the
subject. The plan I have adopted in dealing with
CONCLUSION.

the numerous subjects treated, viz., that of anno-
tating texts, where this can be done, though much
practised by British writers, is original in connec-
_ tion with the subjects of the present volume. I
have chosen this mode of treatment, as it not only
promotes completeness and accuracy, but is con-
venient for the reader and enables him to distin-
guish at once between the letter of the law and the
variety of its application.

31

Intropuc-
TION.
PATENTS FOR INVENTIONS.

(LAW OF JULY 5, 1844)

—_—_—>—-

PART I.
GENERAL PROVISIONS.

Art. I.—§ 1. A new discovery or invention, in
any department of industry (a), confers on its
author, under the conditions and for the periods
hereinafter fixed, the exclusive right of working the
said discovery or invention for his own benefit.

§ 2. This right is certified by a document delivered
by Government called “ brevet d’ invention” (Letters
Patent).

(a) The discovery or invention must not only be new but
must also have an industrial application. See also Art. 30.

The divulging of an invention before the lodging of the
application does not entail nullity of the patent unless it is
sufficient to render possible the working of the invention.
For instance it has been held that a patent is not void where
the facts on which the alleged publication is based are drawn
from the period of the experiments made to bring the inven-
tion to perfection, or during the period of manufacture of the
apparatus when lacking one of ‘its characteristic elements.
(Cass. July 2, 1884.) Compare Art. 31.

B.P. D

Part I,

General
Provisions.

Industrial
applica-
tion.
Prior
publica-
tion,
34

Part I,

Novelty.

Bare
principle.

Non-
patentable
inventions.

Medica-
ments,

Ministerial

PATENTS FOR INVENTIONS.

Art. II.—The following. shall be deemed new
inventions or discoveries :— .

The invention of new industrial products (a).

The invention of new means, or the new appli-
ance of means already known, for obtaining an
industrial result or product (0).

(a) A product to be held an industrial product must be
marketable. Higher commercial value is held to be evidence
of novelty.

(6) A bare principle is not patentable ; if a principle is
applied to a practical industrial result, it ceases to be a bare
principle. Wherever there is an industrial appliance, the
principle becomes patentable.

It has been held that a new system of teaching or writing is
not patentable, because it does not appertain to what is classed
as “industrial.” See Art. 3 (a), and Art. 30 (3).

Arr. III.—The following are not patentable :—
1st. Pharmaceutical compounds or remedies of
any kind, these remaining subject to the special
laws and regulations relating to such substances,
and more especially to the decree of August 18,
1810, concerning secret remedies (a).
2nd. Financial plans and schemes (0).

(a) Thus medicines cannot be patented as such. This,
however, does not apply to substances for enveloping medicines
or for disguising their taste. Moreover, where the substance
is used for some purpose beyond a medicinal one, as for
painting, it may be patented for this further employment.
Neither cosmetics nor food compounds are medicines.

Modes of manufacture, though for the purpose of manu-
facturing medicines, are patentable.

(b) The ministerial circular to the registering officials, dated
GENERAL PROVISIONS.

‘October 1, 1844, provides, as regards non-patentable inven-
tions, that applicants shall be reminded—

“(1.) That no patents can be delivered for pharmaceutical
compositions and remedies of any kind, or for finan-
cial schemes or combinations ;

“(2.) That patents delivered for scientific or theoretical prin-
ciples, methods, systems, discoveries or conceptions
without industrial application are ipso facto null and
void.

“This explanation,” it continues, “if well understood, will
always decide inventors to abandon an application which could
only lead to a title without effect ; but if, contrary to my ex-
pectation, it should be otherwise, your Prefecture should not
lose sight of the fact that as regards patents solicited for prin-
ciples without industrial application, Government has not the
right to refuse to register them, and must consequently limit
its action to a semi-official warning, and as regards pharma-
ceutical preparations or financial schemes, that the law has
given to the minister of agriculture and commerce exclusively,
and not to the prefectures, the right of refusing to grant a
patent.

“Tn both cases then the applications must be registered, and
the formalities prescribed by law fulfilled.”

The documents are forwarded to the Minister of Commerce
See Art. XI. (a).

Art. IV.—§ 1. The duration of a patent shall be
five, ten, or fifteen years.
§ 2. The fees payable are as follows:
Five hundred francs for a Patent of five
years ;
One thousand franes for a Patent of ten
years ;
Fifteen hundred francs for a Patent of
fifteen years.
§ 3. These fees shall be paid. by yearly instal-

D2

3a

Parr I.

instruc-
tions as
to non-
patentable
inventions.

Duration.

Fees |
payable. °
36

Parr I.

Effect of
non-pay-
ment of an
annuity.

Parr II.

Mode of
applica-
tion.

 

PATENTS FOR INVENTIONS.

ments of one hundred francs, under penalty of
forfeiture of the Patent, if the Patentee leaves an
instalment unpaid (a).

(a) The non-payment of an instalment before the commence-
ment of the year for which it is due, entails forfeiture of all
rights. Payment may be made during the whole anniversary
day of the deposit of the application. It this day is a public
holiday the payment must be made on the next preceding day.

Vis major is only admitted as an excuse where a material
obstruction is clearly proven.

PART II.

FORMALITIES RESPECTING THE GRANT OF
PATENTS.

Section I.
Application for Patent.

Arr. V.—Any person (a) wishing to take out a
Patent must deposit under seal at the office of the
Secretary of the Prefecture of the department in
which he is domiciled or in any other department
on electing his domicile there :— =
Ist. His application to the Minister of Agricul-
ture and Commerce (0b); .

2nd. A description (specification) of the dis-
covery, invention, or appliance forming the
subject of the application ;
APPLICATION FOR PATENT,

3rd. The drawings or samples necessary to
render the above description intelligible (c) ; and
4th. A memorandum of the documents deposited.

(a) Any person may apply for a patent. All that is
requisite is that the application be made in accordance with
the ‘formalities provided by law. The authorities do not
make any enquiries as to the applicant’s title to the invention,
discovery or improvement. See Art. 3 (a).

A Patent may be taken out by a person who is not in the
enjoyment of full civil rights, eg., by a married woman or a
minor.

(b) No particular form of application is necessary.

(c) It is always advisable to add drawings or samples, even
though they may seem unnecessary, if they in the least render
the specification more intelligible.

Art. VI.—§ 1. The application shall be limited
to a single principal object, with the details consti-
tuting it, and the employments (applications) thereof
indicated (a).

It shall mention the period for which the appli-
cants desire to take out their patent, within the
limits fixed by Art. 4, and shall contain no condi-
tions, or reservations (0).

It shall indicate a title containing a summary
and precise designation of the object of the in-
vention (c, d).

§ 2. The description (specification) shall not be
written in a foreign language (e). It shall contain
no alterations, or words written over others. Words
obliterated shall be counted and verified, and the
pages and references initialed (f, g, h).

37

Part II.

Who may
apply for
Letters-
patent.

Contents of
application.

Specifica-
tion,
38

Part II.

Metric
scale.

Documents
to be
signed by
applicant.

Effect of
reserva-
tions.

False or
insufficient
title.

PATENTS FOR INVENTIONS.

Denominations of weights or measures other than
those inserted in the table annexed to the Act of
July 4, 1887, are forbidden (2).

§ 3. The drawings must be traced in ink (J), and
according to the metric scale.

§ 4. A duplicate of the description (specification)
and drawings shall be annexed to the application.

§ 5. All documents shall be signed by the appli-
cant or by his agent, whose power of attorney (k)
shall be appended to the application.

(a) The object of this provision is to prevent a patentee
from escaping the payment of fees, by taking out a single
patent for more than one invention.

Great care must be exercised in indicating the employments
to which the invention is applicable. The decisions tend more
and more to restrict protection to the employments indicated
in the application.

(b) The patent is none the less valid though restrictions,
conditions or reservations have been left standing or over-
looked by the authorities. They are simply without effect.
This does not apply to modified applications of the same in-.
vention, these not being considered as restrictions, conditions or
reservations. Thus, where an inventor of a metal band for
preventing perspiration-marks in hats added that he reserved
the manufacturing of such bands from wood, bark, cork, etc.,
this was held valid.

(c) A false title given with fraudulent intent avoids the
patent (Art. 30, § 5).

Insufficiency of the title of a patent only renders the patent
void where there is intent to deceive. (Paris, July 1, 1870.)

(d) The applicant may amend the title until the patent is,
delivered.

(e) Technical words borrowed from a foreign language are
of course permitted where French equivalents do not exist.
APPLICATION FOR PATENT.

(f) The applicant, however, may amend his specification
at any time, until delivery of the Patent.

(g) Art. 30, Clause 6, provides for what shall constitute a
sufficient specification.

(z) The specification need not be written on stamped paper.

(2) The Act of July 4, 1837, rendered the metric system
compulsory throughout France.

(j) Engraving or lithography are permitted and communi-
cation to an engraver or lithographer does not deprive the
invention of novelty, provided it is not communicated through
him to others. Most authorities, however, dissuade inventors

from employing ordinary engravers and lithographers to make .

the drawings.

(&) The signature of the power of attorney should be
authenticated abroad by a French Consul or local magistrate
(eg-, mayor). Recent practice, however, dispenses with such
authentication (legalisation).

Arr. VII.—§ 1. No deposit of documents shall be
received except on production of a receipt showing
the payment (a) of the sum of one hundred francs
on account of the Patent fees (b).

§ 2. A statement entered free of charge by the
General Secretary of the Prefecture on a special
register, and signed by the applicant, shall record

every such deposit, and state the day and hour

when the documents were handed in (c).

§ 8. A copy of the said statement shall be de-
livered to the depositor on payment of the amount
of the stamp duty.

(a) This payment is made in Paris at the Recette Générale,
and in the departments at the office of the Recevewr Central.

(b) Though on account, it does not of itself pledge the
applicant to continue the payment of further fees.

(c) Priority of application is primd facie evidence of priority

39:

Part IT

 

Communi-
cation to
engravers
and litho-
graphers.

Legalisa-
tion

of power of
attorney,

Payment o-
fees first
step.

Deposit of
documents.

Fees where
payable.

Priority of
right.
40

Part II,

 

Remedy in
case of
fraud or
abuse of
trust,

Extension
of time
under
Inter-
national
Conven-
tion.

Whence
duration
runs,

PATENTS FOR INVENTIONS.

of right. However, this presumption may be rebutted by evi- ©
dence that the subject-matter of the application had already
been discovered by a subsequent applicant when the first
application was made.
Where a person has appropriated and patented a new idea,
by fraud or by abuse of trust, the real inventor may claim the

’ patent fraudulently taken out (Paris, Nov. 25, 1885, and |

Cass., June 24, 1886), and obtain a judicial order for his sub-'
rogation in the rights conferred by the Joftansipitent fraudu- |
lently taken out. ,

The Court may, however, decline to grant permission to
alter the name falsely entered on the register, in which case
the subrogated inventor acts in the name of the false patentee.

By the International Convention of 1883, any person
belonging to a State forming part of the Union, who has duly
registered an application for a patent, design, model or trade
mark in one of the contracting states, enjoys, as regards regis-
tration in the other states, and subject to the rights of third
parties, a right of priority during six months for patents and
three months for designs, models and trade' marks, a month
longer being allowed for countries beyond the sea, ‘ Conse-
quently, subsequent registration in any of the other states of
the Union, before expiry of, these periods, shall not be invali-
dated through any acts accomplished in the interval, either for
instance, by registration, by publication of the invention, or by
the working of it by a third party, by the sale of copies of the
design or model, or by use of the trade mark,” (Art. 4 of the
Convention, see p. 188.)

Art. VIII.—The duration of the Patent shall run
from the date of the deposit of documents prescribed
by Article 5.
DELIVERY OF LETTERS PATENT.

Section IT.
Delivery of Letters Patent.

Arr. IX.—Immediately after registration of the
application, and within five days from the date of
the deposit, the Prefects shall forward the docu-
ments, under seal of the inventor, to the Minister
of Agriculture and Commerce, adding thereto a
certified copy of the minute recording the deposit,
the receipt for payment of the fees, and the power
of attorney, should there be one, mentioned in
Article 6.

Art. X.—On the arrival of the documents at the
Ministry of Agriculture and Commerce, they shall
be opened, the applications registered, and the
Letters Patent drawn up in the order of receipt of
the applications.

Arr. XI.—§ 1. Patents applied for in due form
shall be granted, without previous examination (a),
at the applicant’s own risk, and without guarantee
as to either the reality, novelty or merit of the
invention, or the accuracy of the description (specifi-
cation) (6).

§ 2. An order of the Minister, certifying the regu-
larity of the application, shall be delivered to the
applicant and shall constitute the Letters Patent.
To this order shall be annexed the certified duplicate
of the specification and drawings mentioned in
Article 6, after its conformity with the original

41

Part I.

eat
of Letters-
patent.

No pre-
liminary
examina-
tion

or
guarantee.
Parr II.

Fees for
copies,

Articles
of food.

Rejection
of applica-
tion.

Official
periodical

PATENTS FOR INVENTIONS.

copy has been verified and, if necessary, authenti-
cated. .

§ 8. The first copy of the Letters Patent is
delivered free of cost.

§ 4. For all subsequent copies required by the
patentee or others entitled through him, a fee of
twenty-five francs shall be charged.

§ 5. The cost of drawings, if necessary, shall be

borne by the applicant.

(a) This does not apply to articles of food or articles de-
scribed by the applicant as articles of food. The Ministry of
Commerce is entitled to examine all such articles for the pur-
pose of ascertaining whether they are pharmaceutical. See
Art. 3 and note (b) thereon.

(b) Comp. Art. 33.

Art. XII,—AII applications in which the formali-
ties prescribed by paragraphs 2 and 3 of Article 6
have not been observed, shall be rejected; half the
sum paid shall belong to and be retained by the
Treasury ; but the whole amount will be placed to
the credit of the applicant provided he renews his
application within three months, reckoning from the
date of notice of the rejection of his application.

Art. XIJI.—Whenever, pursuant to Article 3, a
Patent cannot be granted, the fee shall be refunded.

Arr. XIV.—A Royal Ordinance inserted in the
Bulletin des Lois shall every three months make
known the Patents delivered (a).

(a) Clause 5 of the Protocol of the International Convention

provides that each country of the Union shall publish, if prac-’
ticable, an official newspaper in connection with the special.
CERTIFICATES OF ADDITION.

Government Department which by Art. 12 of the Convention
the High Contracting Parties have severally agreed to establish.
See p. 150.

The French Government, in accordance with this provision,
founded an official periodical called the Bulletin Officiel de la
Propriété Industrielle et Commerciale, published weekly, in
which the Patents taken out during the week, the assignments
of Patents and all registered trade-marks are recorded.

Arr. XV.—The duration of a Patent cannot be
extended except by an Act of Parliament (a).

(a) Thus Government is not entitled to prolong a Patent to
fifteen years which has been taken out for a shorter period,
such as five and ten years (Cons. W’Etat, June 28, 1855).
Comp. Art. 4, § 1.

See Introduction (p. 5) as to cases in which patents have
been prolonged by Act of Parliament.

Section III.
Certificates of Addition.

Arr. XVI.—§ 1. ‘The patentee or others entitled
through him, during the whole duration of the
Patent, shall have the right to make alterations
and improvements in\or additions to the invention
provided the application is made in accordance with
the formalities prescribed by Articles 5, 6 and 7.

43

Parr II,

Extension
of Patent.

: Improve-
ment
certificates.

§ 2. These alterations, improvements or additions.

shall be authenticated by certificates delivered in the
same form as the principal Patent, and shall have
from the respective dates of the applications and
44

PATENTS FOR INVENTIONS.

Parr IL delivery thereof the same effect as the said principal

Fee
payable.

Improve-
ment
Patent.

Principal
Patentee’s
prior right.

Patent, with which they shall terminate (a).

§ 8. The fee for the application for a Certificate
of Addition is twenty francs.

§ 4. A-Certificate of Addition taken out by one of
those entitled shall avail for all the others (0).

(a) Where the Patent, however, is only partly annulled, the
Certificate of Addition may continue valid provided it relate
to the part of the invention still protected. (Cass., June 13,
1858.)

(b) This is not the case where one of the assignees of the
Patent takes out a principal Patent for the addition, as
provided for by Art. 17. Such a Patent does not avail for
the other assignees.

Compare Art, 22.

Art. XVII.—A patentee who wishes to take out
for an alteration, improvement or addition a principal
Patent of five, ten or fifteen years, instead of a
Certificate of Addition expiring with the original
Patent, must comply with the formalities prescribed
by Articles 5, 6 and 7, and pay the fees mentioned
in Article 4.

Arr. XVITI.—§ 1. Nobody but the patentee or
those entitled through him, acting as above men-.
tioned, can, during one year (a), take out a valid,
Patent for an alteration, improvement or addition
to the invention forming the subject matter of the
original Patent.

§ 2. Nevertheless, any person who wishes to take
out a Patent for an alteration, addition or improve-
ment in a discovery already patented, may, during
CERTIFICATES OF ADDITION.

the said year, make an application, which will be Part II.

transmitted to the Ministry of Agriculture and
Commerce and be there kept under seal.

§ 3. At the end of the year the seal will be broken
and the Patent delivered.

§ 4. The original patentee, however, shall have
the preference in all alterations, improvements and
additions for which he has himself demanded a Cer-
tificate of Addition or a Patent in the course of the
year.

(a) By Art. 4 of the International Convention, any person
who has duly registered an application for a Patent in one of
the contracting States, enjoys as regards registration in the
other states a right of priority during six months, with a
month longer for countries beyond sea. This applies under
paragraph 2 of the protocol also to improvement patents, etc.
Thus, combining Art. 4 of the Convention with Art. 18 of the
Patent Law, the patentee of an improvement in any of the
States of the Union has now, it has been contended, a right
of priority in France during eighteen months. This, how-

ever, is not to be relied upon, and is founded on a false con-
struction of the terms of ithe Convention.

Art. XIX.—To take out a Patent for a discovery,
invention, or appliance connected with the subject
matter of another Patent does not confer a right to
work the invention already patented (a), nor can the
original patentee work the invention which forms
the subject matter of the new Patent.

(a) Of course, where the improvement relates to an inven-

tion the patent of which has expired, this Article does not
apply (Lyons, Dec. 17, 1873).

45
46

Part II,

 

Formalities
of assign-
ment.

‘LICENSES.

PATENTS FOR INVENTIONS.

Section IV.
Assignment and Transfer of Patents.

Art. XX.—§ 1. A patentee may assign the total
or partial ownership of his Patent (a).

§ 2. The total or partial assignment of a Patent,
whether as a gift or for a valuable consideration,

‘must be by notarial deed and after payment of the

whole of the fees prescribed by Article 4 (0).
§ 8. No assignment shall be valid, as regards
third persons, until it has been registered at the

‘Seeretary’s Office of the Prefecture of the Depart-

ment in which the deed has been executed (c).

§ 4. The registration of the deed of assignment
and of any other document effecting a change of
ownership shall be made on the production and
deposit of a certified extract of such deed or
document.

§ 5. A copy of every minute of registration, to-
gether with the extract from the deed or document

‘above mentioned shall be forwarded by the Prefects

to the Minister of Agriculture and Commerce within
five days after the date of the said minute (d).

(a) Thus the patentee may assign the right of sale while
retaining the right of manufacture and vice versd, or limit the
assignment for a certain duration of time or to a certain dis-
trict. If moreover the invention is applicable to different
objects, the patentee may assign each application separately.

(6) A simple right to work the Patent or license can be
granted without assigning any part of the ownership.
ASSIGNMENT AND TRANSFER OF PATENTS,

A license is distinguishable by the fact that the licensee can-
not bring an action against infringers of the patent in his own
‘name, and that the patentee can grant similar licenses to other
persons.

For the assignment of a license no special form is requisite ;
it need not be by notarial deed and it need not be registered,
though fiscal registration may be desirable for the purpose of
fixing the date of the license in an indisputable manner. The
parties, however, should be careful to limit the right assigned,
so as not really to grant a property in the Patent.

The license can be granted without paying up all the fees
prescribed by § 2 of this article.

' It has been decided that the transfer of a right to manufac-
ture and sell patented machinery only constitutes a working
‘license (Cass., March 8, 1853).

The-same applies to the transfer of the right of working in
‘a specified place, when the licensee cannot part with his rights
or bring an action for infringement (Rouen, June 10, 1868, and
‘Cass., April 27, 1869).

But there is a real transfer where the patentee assigns his
right of working the patent in a specified place for a certain

‘time, otherwise without restriction (Metz, July 6, 1865 ; Rouen,
January 2, 1869). This is especially so where the patentee
has authorized the transferee to make similar transfers and
pursue infringers (Cass., Nov. 24, 1866).

The character of the license is not affected by the fact that
it is stipulated that the licensee shall pay the annuities (Cass.,
May 29, 1877).

(c) As between the immediate parties an ordinary agreement
is binding.

The rule that registration is requisite to pass-the property
of the patent as against third persons is not an absolute one,
inasmuch as the executor or administrator of a patentee can
bring an action against infringers without having registered
the documents establishing his title, although as against third
persons non-registration might in other ways be prejudicial
(Cass., August 10, 1849).

Where the assignment is executed in a foreign country, it
should be made in form according to the laws of that country,

47

Part IT.

Form.

Fees.

Distin-
guishing
features.

Registra-
tion of as-
signment.

Assignment
executed
abroad.
48

Parr IL.

 

Form of
power of
attorney.

Registra-
tion fee.

Registra-
tion of as-
signment
executed
abroad.
Ministerial
instruc- °‘
tions as to
assign-
ments.

PATENTS FOR INVENTIONS.

but a notarial deed executed in the United Kingdom should be
made.before a French consular agent to avoid risk.

(d) French law requires that the power of attorney to be
used in a notarial transfer shall likewise be notarial (Rouen,
June 15, 1867; Cass., April 27, 1869).

With this registration must not be confounded the fiscal
registration imposed on all deeds of transfer. The registration
at the Prefecture is free of charge. The fiscal registration
duty is two per cent. of the price. (See p. 30).

No time is fixed within which this registration should
take place, but it is the interest of the transferee that it should
be effected as soon as possible.

Where the transfer has been executed abroad, it should
be registered at the Prefecture of the Seine.

(d) A ministerial circular, issued on October 31, 1844, pro-
vides as follows :—

“ Applications for transfer can only be admitted on the pro-
duction and deposit of— i

“(1.) The receipt proving the payment within the pre-

scribed period of the last annuity due, other than
the first ; .
“(2.) A receipt from the Receiver-General of taxes in’ the
department, or in -Paris of the Recevewr central,
proving full payment of all the annuities; and

“(3.) A certified extract of a notarial deed, executed before

a notary of the department, and setting forth the
total or partial transfer of the patent, ahethes with
or without valuable consideration.

“ However, should the patent have already been the subject
of a previous transfer, a copy of the minute of registration of
the said transfer, and the certified extract of the notarial deed
above mentioned, will be sufficient for registration. A minute
drawn up in the presence of the applicant, and signed by
him, will set forth the deposit of the above mentioned docu-
ments, and state the names, occupation, and domicile of the
applicant, if other than the patentee, of the assignor and of the
transferee ; the precise designation of the patent ; the nature
of the rights assigned to the transferee ; 3 and such conditions
of the said pranice as affect the property in the patent.”
ASSIGNMENT AND TRANSFER OF PATENTS.

Art. XXI—At the Ministry of Agriculture and
Commerce, a register shall be kept in which shall
be entered all changes in the ownership of Patents,
and every three months a Royal order shall make
known, in the form prescribed by Article 14, the
changes of ownership registered during the three
next preceding months.

Art. XXII.—§ 1. The assignees of a Patent and
those who may have acquired from a patentee or
those entitled through him the right to work the
discovery or invention shall have the benefit of
any Certificates of Addition, delivered to the patentee
or those entitled through him at a later date (a).
Reciprocally, the patentee or those entitled through
him shall have the benefit of Certificates of Addition
delivered at a later date to the assignees.

§ 2. Any person who has a right to make use of a
Certificate of Addition may obtain a copy thereof
at the Ministry of Agriculture and Commerce on
payment of a fee of twenty francs.

(a) This does not apply to principal Patents taken out for
improvements under Art. 17, subject, however, to any right

of action -by the transferee in case of fraud or damage by the
transferor.

Section V.

\
Publication and Inspection of Specifications and
Drawings of Patents.

Arr. XXIII.—§ 1. All specifications, drawings
and specimens of Patents delivered shall, until
BP. E

49

Parr II.

Centralisa-
tion of
assign-
ments.

Rights of
assignees
as to
certificates
of improve-
ments.

Copies of
certificates
of improve-
ments.

Inspection
of specifi-
cations.
50

Part II.

 

Copies
of specifi-
cations.

Catalogue

of Patents.

Inspection
thereof.

Specifica-

tions and

drawings

of expired
Patents.

PATENTS FOR INVENTIONS.

expiration of such Patents, remain deposited at the
Ministry of Agriculture and Commerce, where they
may be inspected free of charge on demand.

§ 2. Any person may obtain, at his own expense,
a copy of the said specifications and drawings in
the manner set forth in the regulations to be issued
pursuant to Article 50.

Art. XXIV.—§ 1. After payment of the second
annual fee the specifications and drawings shall be
published either verbatim or by extract.

§ 2. At the beginning of each year also a cata-
logue shall be published giving the titles of the
Patents delivered in the course of the preceding
year.

Art. XXV.—The collection of specifications and
drawings and the catalogue published in accordance
with the preceding Article shall be deposited at the
Ministry of Agriculture and Commerce and at the
Secretary’s office of the Prefecture of each Depart-
ment, where they may be inspected free of charge.

Arr. XXVJ.—On expiry of a Patent the originals
of the specifications and drawings shall be deposited
at the Conservatoire des Arts et Métiers.
THE RIGHTS OF FOREIGNERS.

PART TIL.

THE RIGHTS OF FOREIGNERS.

Art. XXVII.—Foreigners (a) may obtain Patents
for inventions in France.

(a) This applies to all foreigners, whether resident in France
or not.

By Art. 3 of the International Convention subjects or
citizens of States not forming part of the Union, who are
domiciled or have industrial or commercial establishments on
the territory of any of the States of the Union, are assimilated
to the subjects or citizens of the contracting States.

By Art. 2 of the same Convention subjects or citizens
of the contracting States enjoy in all the other States of the
Union the same protection that the laws of these respective
States now grant or shall hereafter grant to their own subjects
or citizens, provided they observe the formalities and conditions
imposed on its own subjects or citizens by the internal legisla-
tion of each State.

This article must be read in conjunction with clause 3 of
the closing protocol, which provides that it shall not affect legal
procedure. Therefore the rules as to security for costs are not
modified. Art. 34 of the Patent Law places all litigation
relating to the ownership of Patents under the jurisdiction
of the civil as distinguished from commercial tribunals. By
the procedure of the civil tribunals foreign plaintiffs are re-
quired, if the defendant demands such security before defence,
to give security for the costs and damages arising out of the
suit, unless he possesses in France real property, of sufficient
value to guarantee the amount thereof or he is officially autho-
rised to reside in France (Civil Code, Arts. 13 and 16; Code of
Civil Procedure, Arts. 166 and 167). See my “ Nationality
Domicile and Residence in France,” p. 13.

Art. XXVIII.—The formalities and conditions

E2

51

Part III.

Foreigners
under In-
ternational
Conven-
tion.

Security
for costs.
52

Part ITI,

PATENTS FOR INVENTIONS.

set forth by the present Law shall apply to Patents
applied for and delivered in accordance with the

- preceding article.

Duration
of Patent
already
patented
abroad.

Part IV,

Want of
‘novelty.

Inventions
relating

to bare
principles.

_ Arr. XXIX.—A Patent may be obtained in

France for an invention or discovery already
patented abroad; but its duration cannot exceed
that of such Patent previously obtained abroad (a).

(a) The International Convention makes no alteration in
the law on this point.

PART IV.

ANNULMENTS AND FORFEITURES, AND ACTIONS
RELATING THERETO.

Section I.
- Annulments and forfeitures.

Art. XXX.—§ 1. Patents delivered in the follow-
ing cases shall be void:

1stly. When the discovery, invention, or appli-
ance is not new (a);

2ndly. When the discovery, invention, or appli-
ance is not patentable according to Article 3 ;

drdly. When the Patents relate to theoretical or
merely scientific principles, methods, systems, dis-
ANNULMENTS AND FORFEITURES,

coveries and conceptions, the industrial appliances
of which are not indicated ; 7

4thly. When the discovery, invention, or appli-
ance is held to be contrary to public order or
safety, to the public morals or laws of the country,
without prejudice in such a case and in that of the
preceding paragraph to the penalties which might be
incurred for manufacturing or selling prohibited
articles ;

5thly. When the title under which the application
for a Patent has been made fraudulently indicates
any but the real object of the invention ;

6thly. When the specification accompanying the
Patent is not sufficient for working the invention,
or when it does not completely and fairly indicate
the real means employed by the inventor ;

7thly. When the Patent has been obtained
contrary to the provisions of Article 18.

§ 2. Certificates comprising alterations, improve-
ments, or additions which are not connected with
the original Patent are likewise void (0).

(a) Comp. Arts. 2 and 31.

(b) The object of this provision is to prevent a patentee
from defrauding the state by taking out a certificate of addition
and thereby avoiding the payment of the full fees for registra-
tion of a principal Patent. Comp. Art. 4, § 2, and Art. 16, § 3.

Arr. XXXI.—No discovery, invention, or appli-
ance to which in France or abroad, and before the
date of the deposit of the application, sufficient

53

\
Parr IV.

-Tnventions

of an
Hlicit
character.

Fraudulent
title.

Insuffi-
ciency of
specifica-
tion,

Publication
before
registration
defined.
54

Part IV.

Forfeiture
of Patent.
Non-

payment
of fees.

Failure
to work
Patent.

PATENTS FOR INVENTIONS.

publicity has been given to enable it to be worked
shall be reputed new (a).

(a) Thus, before the promulgation, on July 8, 1884, of
thé International Convention of 1883, the publicity given to
an invention even a few days before by deposit at the London
Patent Office of the specifications and plans was enough to
invalidate a patent taken out in Franee (Cass., July 7, 1860),
and it was therefore customary to apply for a French. Patent
before the English final or complete specification had been.
sentin. By Art. 4 of the new Convention the law is modified
in this respect, and any person belonging to a State forming
part of the Union, who has duly registered an application for
a patent, design, model or trade mark in one of the contracting
States, enjoys, as regards registration in the other States, and
subject to the rights of third parties, a right of priority during
six months for patents and three months for designs, models
and trade marks, a month longer being allowed for countries
beyond sea. ‘‘ Consequently, subsequent registration in any of
the other states of the Union, before expiry of these periods,
shall not be invalidated through any acts accomplished in the
interval, either, for instance, by registration, by publication of
the invention or the working of it by a third party, by the
sale of copies of the design or model, or by use of the trade
mark.” (Art, 4 of the Convention).

Arr. XXXII.—§ 1. Replaced by a law of May
81, 1856, which runs as follows :

Shall forfeit all his rights :—

The patentee who has not paid his yearly instal-
ment before the beginning of each year of the term
of his Patent (a) ;

The patentee who has not worked his discovery
or invention in France within two years from the
date of the signature of the Patent, or who has
ANNULMENTS AND FORFEITURES.

ceased to work it for two consecutiye years, unless

in either case he can show good cause for not so
working it (0) ;

The patentee who imports into France articles
made abroad similar to those protected by his
Patent (¢) ;.

Nevertheless, the Minister of Commerce, Agri-
culture, and Public Works may authorise the intro-
duction : 1, of models of machines; 2, of articles
made abroad intended for public exhibitions held (d)
or for experiments made with government assent.

(c) The instalments must be paid at the latest before the
commencement, of each year of the duration of the Patent.
(Se Art. 4, and note.) The forfeiture is absolute and cannot
be covered by the payment of subsequent instalments.

(6) The forfeiture in this case is not an absolute one like
that incurred through non-payment of an instalment of the
fees (see previous paragraph), and can be rebutted by evidence
of a good and sufficient cause for not working the Patent, such
as sickness, want of capital, change in the public taste, and
probably the prevalence of an epidemic such as the cholera in
the South of France.

This forfeiture applies also to certificates of addition and
improvement patents.

The two years run from the date of the signature of the
Patent by the Minister of Commerce. ,

The Courts are not rigorous in their requirements as to
what shall constitute a working (exploitation) of the Patent.
The construction of a machine, for instance, is sufficient to
protect the Patent, though the machine constructed is not
sold. The granting of a license or obtaining of a medal at an
Exhibition has also been held to constitute a sufficient working
of the Patent.

(c) As regards subjects of States belonging to the Industrial

55
\
Parr IV.

:

Importing
patented
articles
from
abroad.

Permits.

Causes of
forfeiture
distin-
guished.

Sufficient
working
defined.

Inter-
national
56

convention
on importa-
tion of)
patented
articles.

Penalties
for mis-use
of term
“patentee”
and as to

s. g. ds g.

PATENTS FOR INVENTIONS.

Part IV. Property Union this article is repealed. Art. 5 of the Con-

‘vention provides that “the introduction by the Patentee into the
country where the Patent has been granted, of objects manu-
factured in any of the States of the union, shall not entail

_ forfeiture of the Patent.”

The same article, however, adds the following restriction :
“ Nevertheless, the patentee shall remain bound to work his
Patent in conformity with the laws of the country into which
he introduces the patented objects ;” and thus he is bound to
work his French Patent in accordance with French law, and
must, for instance, conform to the provisions of the previous
paragraphs of this article. See more full particulars hereon,
p. 139. ;

(d) See special chapter on Exhibitions, p. 126.

Arr. XXXIIT.—§. 1. Whoever on sign-boards or
in advertisements, prospectuses, placards, marks or
stamps, terms himself patentee, without possessing
a Patent delivered in accordance with the Law, or
after expiry of a former Patent, or who, being a |
patentee, mentions his title of patentee, or his |
Patent, without adding the words ‘ without
guarantee of the Government,” shall be liable to a
fine of from fifty to one thousand francs (a).

§ 2.—If the offence be repeated the fine may be
doubled.

(a) Comp. Art. 11, § 1.
It is universal to use the letters “s. g. d. g.,” instead of
printing in full the words “sans garantie du gouvernement.”
ACTIONS FOR ANNULMENT AND FORFEITURE.

Section II.
Actions for Annulment and Forfeiture.

Art. XXXIV.—Actions for annulment or for-
feiture may be brought by any person interested (a.)

Such actions, as well as all litigation relating to
the ownership of patents, shall be brought before
the civil tribunals of first instance.

(a) Authors are not agreed as to whether a simple consumer
is an interested person in the sense of this article.

Art. XXXV.—When proceedings are taken at
the same time against the patentee and one or more
assignees of a share in the patent, it shall be brought
before the tribunal of the place where the patentee
is domiciled (a).

(a) The action must be brought against the registered owner
of the patent whether he be the original patentee or the owner
hereof under a registered assignment.

It must be brought before the civil tribunal of the patentee’s
domicile when the action is an independent one, but before
the tribunal in which the prosecution for infringement is
brought if the action for annulment has been introduced as
the defence. ;

The Public Procurator through whose hands all correctional
plaints pass, may intervene in the action, if he thinks fit:
(See Art. 37.)

Art. XXXVI.—The case shall be examined and
decided in the mode prescribed for summary matters
by Article 405 et seg. of the Code of Civil Pro-

57

Part IV.

 

Jurisdic-
tion in
Patent
cases.

Where to
bring the
action.

Procedure.
58

Part IV.

Interven-
tion of
Public
Procurator.

Publication

of annul-

ments and

forfeitures.
\

PATENTS FOR INVENTIONS.

cedure (a). It shall be communicated to the Public
Procurator.

(a) The chief difference between the summary and the
ordinary procedure lies in the fact that under the former the

case reaches the Court without passing through the inter-
mediate proceedings of notice and delivery of pleadings.

Art. XXXVII.—§ 1. In every suit for the pur-
pose of obtaining the annulment or forfeiture of a
Patent the Public Procurator may intervene and
demand the absolute annulment or forfeiture thereof.

§ 2. He may even proceed directly by principal
action to obtain the annulment in the cases provided
for in subsections 2, 4 and 5 of Article 30 (a).

(a) Thus the Public Procurator may take the initiative of an
action for annulment where the patent has been taken out for
pharmaceutical remedies (patent medicines), or for financial
schemes, or where the patented invention is contrary to public
order or morals, or where the title of the patent has been

fraudulently employed to-mask the real subject-matter of the
invention. (See Arts. 3 and 30.)

Art. XXXVIII.—In the cases provided for by
Article 37, all parties entitled to the Patent, whose
titles have been registered at the Ministry of
Agriculture and Commerce in accordance with
Article 21, shall be cited.

Arr. XXXTX.—When the absolute annulment or
forfeiture of a Patent has been decided by judgment
which has become final (a), notice thereof shall be
given to the Minister of Agriculture and Commerce,
and the annulment or forfeiture shall be published
ACTIONS FOR ANNULMENT AND FORFEITURE, |

in the mode laid down by Article 14 for bringing
Patents to the knowledge of the public.

(a) The annulment of a patent operates to render it void
ab initio, and therefore renders all contracts or other things
done in virtue of it of no effect.

The plaintiff in an action for annulment exposes himself in
case of failure to an action for damages on the part of the
patentee, and bona fides is no answer to such an action.

A civil judgment by default in France is not final in First
Instance. The defendant is entitled to obtain a rehearing by
the procedure of “opposition” which may be entered, where
the judgment by default is for non-entry of appearance, at any
time before execution. Where the judgment by default is for
non-delivery of particulars, the opposition is only receivable
during one week after service of notice thereof. Opposition
to judgments by default in correctional cases can only be
entered within five days after service of notice.

The time within which appeal can be entered in civil cases
is two months, with extension according to distance, from the
date of service of the judgment.

In correctional cases appeal must be entered within ten
days, which run from the date of the delivery of judgment.

The time allowed for appeal to the Court of Cassation is
also two months. This Court, it may here be mentioned, is
only a Court of revision for matters of law as distinguished
from matters of fact. Thus it will not enter into the deter-
mination of what constitutes (Cass., Nov. 6, 1854, Re Danel ;
Cass. Feb. 12, 1854; Cass. Nov. 5, 1878; Cass. Jan. 22,
1878) or deprives of novelty (Cass. May 11, 1870; Cass.
April 8, 1854, Re Higton ; Cass. Dec. 22, 1855, Re Marchal),
nor into the sufficiency of the specification (Cass. May 11,
1870) ; but it will decide upon the existence of a patentable
invention, the law of July 24, 1844, having defined such inven-
tions (Cass. May 24, 1881, Re Chawviére ; Cass. Nov. 25, 1881,
Re Pérille).

6

59

Part IV.

 

Effect of
annulment.

Judgments
by default
subject to
opposition.

Time for
appeal.

Nature of
appeal to
the Court of
Cassation.
60

Part V.

Penalties
for in-
fringement

by licensee,

by imita-
tion.

Damages
in correc-
tional pro-
ceedings.

Prescrip-
tion of

PATENTS FOR INVENTIONS.

PART V.

INFRINGEMENTS, PROCEEDINGS, AND PENALTIES.

Arr. XL.—Infringement of the rights of a
Patentee, either by manufacture, or by the use of
methods (a) forming the subject of his patent, is
a misdemeanor (0).

+ is punishable by a fine of from one hundred to. ,
to two thousand francs.

(a) A manufacturer who has been licensed by a patentee to
manufacture the patented apparatus under certain fixed con-
ditions, such as that of placing upon the machines manufac-
tured by him the patentee’s stamp, is liable in the event of his
not so doing to penalties for the offence of counterfeiting, just
as if he had manufactured without a license. (Paris, Appeal,
Nov. 15, 1882, and Cassation, Nov. 24, 1883.) As to what
constitutes a new method, see Art. 2, note.

(b) The protection granted by this article extends to all the
essential and constituent parts of the invention. Thus it is
an infringement to copy even one of these parts. (Cass,
Jan. 5, 1878.)

The fact of imitation suffices as a ground of action.
Thus, it has been decided that where the form of the imitation
differed from the original invention and where this difference
of form rendered the application less perfect, this was never-
theless an infringement. (Paris, July 21, 1866.)

The offence being a misdemeanor, proceedings may be taken °
before the correctional tribunal; a claim for damages by
French procedure may, nevertheless, be conjointly brought
before the same tribunal. A claim for damages may also be
brought by a separate action before the civil tribunal.

The right of action for infringement as in the case of other
misdemeanors is barred atter three years from the date of
INFRINGEMENTS, PROCEEDINGS, AND PENALTIES.

«ommission of the offence, unless proceedings have mean-
while been taken, and where they have been taken, after three
years from the last act in such proceedings. (Code of Criminal
Procedure, Art. 638.) The civil action is barred after the
same period as the correctional action without distinction. The
period of prescription runs from the last act of commission
where the commission consists of a series of acts, (As regards
accessories, see Arts. 41 and 43.)

Art. XLI.—Any person who has knowingly
received, sold, or offered for sale, or introduced
upon French territory one or more counterfeit
articles shall be subject to the same penalties as
infringers.

Arr. XLIT.—§ 1. No penalties established by
the present Law shall be cumulated.

§ 2. The highest penalty alone shall be inflicted
for all acts committed before the commencement of
proceedings.

Art, XLITI.—§ 1. In case of repetition of the
offence imprisonment of from one to six months
shall be inflicted in addition to the fine provided
by Articles 40 and 41.

§ 2. It shall be considered a repetition of the
offence, when a previous condemnation for one of
the offences specified by the present Law has been
inflicted during the next preceeding five years.

§ 8. Imprisonment of from one to six months
may be inflicted where the infringer is a work-
map. or has been employed in the workshop or
factory of the Patentee, or where the infringer,
having become a partner of such workman or other

61

Parr V.

right of
action,

Acces-
sories.

Penalties
not to be
cumulated.

Repetition
of offence.

Special
penalty in
case of

employes.
62

Part V.

Moving
Public
Procurator.

Exception
to ordinary
procedure.

Licensee
has no
right of
action.

PATENTS FOR INVENTIONS.

person employed by the Patentee, has thereby
become acquainted with the processes specified in
the patent.

§ 4. In the latter case such workman or other
employé may be prosecuted as an accessory.

Art. XLIV.—Article 463 (a) of the Penal Code
is applicable to the foregoing offences.

(a) This article of the Penal Code empowers the Court to

reduce the penalties where the circumstances warrant such a
reduction.

Art. XLV.—Proceedings for the enforcement of
the above penalties can only be taken by the Public
Procurator at the instance of the person whose
rights have been infringed (a).

(a) All criminal proceedings are taken in France in the
public interest and at public expense by an official called the
Public Procurator (Procureur de la République, Procureur-
général). This article is a restriction on the Public Procurator,
who can only act when moved by the person whose rights
have been infringed.

The right of action belongs to the owner, joint-owner or
assignee of the Patent, but not to the licensee; and a clause
inserted in a contract of license conferring the right to proceed
against infringers is void as being contrary to the maxim of
French law ‘nul ne plaide par procureur” (Cass. 27th April,
1869), but might operate to give the license the character of
an assignment.

Art. XLVI.—The Correctional Tribunal before
which the action for infringement is brought shall
decide on any demurrers raised by the defendant on
the ground of nullity or of forfeiture of the Patent
or in connection with the ownership of the Patent.
INFRINGEMENTS, PROCEEDINGS, AND PENALTIES.

Art. XLVII.—§ 1. Owners of a Patent may,
after obtaining an order of the President of the
Tribunal of First Instance, cause a public pro-
cess-server (huissier) to draw up a detailed descrip-
tion of the articles alleged to be counterfeit, with
or without seizure (a).

§ 2. This order shall be granted on application
and production of the Letters Patent; in case of
need it shall appoint an expert to assist the process-
server in making the description.

§ 8. When there is ground for a seizure the order
may oblige the applicant to give security, which
must be lodged before the seizure is effected.

§ 4. Security shall always be given when the
application for seizure is made by a foreigner (b).

§ 5. Copies of the order of the Court and of the
document certifying that security, where ordered or
requisite, has been lodged, shall be left with the
holder of the articles described or seized, otherwise
the proceedings shall be void and the process-server
shall be liable for damages.

(a) It is for the patentee to determine the propriety or
opportuneness of a seizure.

A seizure, owing to its vexatious character, in case the action
for infringement be dismissed, may expose the plaintiff to a
claim for damages. <A simple description is, therefore, in
general to be preferred. On seizure the counterfeit objects
are deposited in Court.

Even a threat to levy a seizure without having obtained an
order of Court might expose the person so threatening to an

action for damages.
(b) The President may order the deposit of security by the

63

Part V.

Seizures of

counterfeit
articles.

Damages
for vexa-
tious pro-
ceedings.

Security
64

Part V.

by foreign

plaintiff.

Confisca-
tion of
counterfeit
articles,

PATENTS FOR INVENTIONS,

applicant, and is bound to do so when he is a foreigner not
admitted to domicile. (See “ Nationality, domicile,” &.,

p. 13.)
In Paris the security is lodged at the “Caisse des Dépots et

Consignations” and in the Departments with a sequestrator
appointed by the President of the Court.

The Convention of 1883 having left all rules relating to
procedure intact, the paragraph in question applies as before to
subjects of States belonging to the Union.

‘Art. XLVIII.—In default of the applicant taking
either civil or criminal proceedings within eight
days, with one day more for every three myria-
métres (a) between the place where the objects seized
or described are situated and the domicil of the
infringer, fraudulent receiver, importer or vendor,
the seizure or description shall be ipso facto void
without prejudice to the claim for damages provided
for by Article 36.

(a) A myriamétre is 6.2 miles.

Art. XLIX.—§ 1. The confiscation of the
articles held to be counterfeit, and of any instru-
ments, or machinery designed for the manufacture
of such articles, shall, even in case of acquittal,
be ordered against the infringer, receiver, importer
or vendor.

§ 2. The confiscated articles shall be handed
over to the owner of the Patent without prejudice
to his claim for further damages and for publication
of the judgment.
SPECIAL AND TEMPORARY PROVISIONS.

PART VI.

SPECIAL AND TEMPORARY PROVISIONS.

Art. L.—The Government shall specify the ad-
ministrative details for carrying out the present
Law, which shall not come into force until three
months after its promulgation.

The réglement @administration pubtigue herein provided for
has never been issued.

Arr. LI.—Similar Orders may be issued pro-
viding for the application of the present Law in the
colonies, with such modifications as may be con-
sidered necessary.

Arr. LII.—The following Laws shall be repealed
from the date when the present Act shall come into
operation :—the Acts of the 7th J anuary and 27th
May, 1791, and of the 20th September, 1792; the
order of the 17th Vendémiaire, year VII, and that
of the 5th Vendémiaire, year IX; the decrees of
the 25th November, 1806, and 25th January, 1807;
and all provisions prior in date to the present Law,
relating to Patents for inventions.

Art. LIII.—Patents of invention, importation
and improvement at present in force, delivered
pursuant to previous Laws or prolonged by Govern-
ment Ordinance, shall continue in force during the
whole term originally assigned to them.

BP. : F

65

Parr VI.

Adminis-
trative
details.

Repeals.
66

Parr VI.

Documents
to be
deposited.

Application
by agent.

Applica-
tion.

PATENTS FOR INVENTIONS.

Art. LIV.—§ 1. All proceedings begun before the
promulgation of the present Act shall be terminated
in accordance with the Laws hitherto in force.

§ 2. All proceedings for infringement, annulment
or forfeiture of Patents, not yet begun, shall be
conducted in accordance with the provisions of
the present Act, though they may refer to Patents
delivered before its promulgation.

OFFICIAL INSTRUCTIONS

PLACED AT THE DISPOSAL OF APPLICANTS
AT THE PATENT OFFICE.

 

THE applicant presents himself at the general secretary's
office of the Prefecture of the department in which he is
domiciled (or of any other department in which he may
elect domicile). He there deposits with the receipt of
the first annuity a sealed packet containing: (1) an
application to the Minister of Commerce and Industry ;
(2) a specification of the invention ; (3) such drawings
as are deemed necessary to render the description
intelligible ; (4) a memorandum of the documents de-
posited.

If any other person is employed to take out the patent,
this person must authenticate his powers by the produc-
tion of a written power of attorney, which he shall
deposit.

The application must be limited to a single principal
OFFICIAL INSTRUCTIONS.

object, with the details constituting it and its appliances
indicated ; it must contain no restrictions, conditions or
reserves. When these instructions are not complied
with the application is rejected.

The specification must be in duplicate, that is, there
must be an original and the copy thereof.

The original must bear at top the word “ original”
and the copy the word “duplicate.” If the two copies
are not otherwise identical, and which is the original is
not indicated, the application is rejected. It will also be
rejected if the specification is written an a foreign
language.

The drawings must also be supplied in duplicate, that is,
original and a copy. The original must bear at top the
word “original” and the copy the word “duplicate.”
If the two copies are not otherwise identical, and which

67

OFFICIAL
Instruc-
TIONS.

Specifica-
tion.

Drawings.

is the original is not indicated, the application is .

rejected. It will also be rejected if the drawings are
made in pencil.

If the applicant should consider explanatory notes
necessary for the comprehension of the drawing, they must
be made on the margin of the original and the copy.
If the duplicates of the explanatory notes are not alike,
or if the original is not indicated, the application is
rejected. It will also be rejected if the notes are written
in a foreign language.

The application must mention for what period, being
one of the periods fixed by the law, the patent is taken
out, and must concisely indicate the subject-matter of the
invention.

The specification must contain neither erasures, nor
words written over other words, nor any alteration or
interlineation, nor any denominations of weights or

measures other than those of the metric system. Words
F2

Explana-
tory notes.

Duration
and
subject-
matter.

Metric
scale.

Erasures.
68

OFFICIAL
InstRuc-
TIONS.

Drawings
to be in
ink.

Photo-
graphs not
admitted.

Margin to
be eft.

Samples
and
patterns,

PATENTS FOR INVENTIONS.

struck out must be counted and certified, and the pages
and references initialed. The original and the “ dupli-
cate” must be signed by the inventor or by his duly
authorized agent.

The drawings must be made in ink and on a metrical
scale ; they must contain no erasures, words written over
other words, alterations or any denominations of measures
other than those of the metric system. Photographs or
drawings made by any photographic process are not
admitted. The original and the duplicate must be
signed by the inventor or by his duly authorized agent.

These signatures need not (ne doivent pas) be legalized
The same applies to those on the specification.

The explanatory notes must also contain no erasures
or words written over other words, alterations or inter-
lineations, or any denomination of weights or measures
other than those of the metric system. Words struck
out must be counted and certified, and the references
initialed.

A margin must be left on specifications, drawings and
explanatory notes, sufficiently wide for the remarks
which the officials have to write thereon.

The subject-matter of the invention must be desig-
nated in the same manner in the application and in the
minute of registration. These two documents must also
indicate the same patentee and the same duration for
the patent.

The non-observance of the formalities indicated above
may, according to circumstances, occasion the. rejection
of the application.

The samples and patterns which the applicant shall
consider necessary to render the specification intelligible
must be deposited at the same time as the packet above-
mentioned, but in a separate sealed envelope.
OFFICIAL INSTRUCTIONS. 69

If the samples or patterns are too voluminous to be Orrtoran
sent by post, they should be presented in a wooden box ee
provided and closed by the depositor.

Deposit of the above is certified by a minute, of which
a copy is handed to the applicant on payment of the
necessary stamp,

Notice To THE PuBLIC AS REGARDS SEARCHES
AT THE MINISTRY OF COMMERCE.

All persons to whom specifications and drawings
annexed to letters-patent are communicated are per-
mitted to take summary notes and sketches.
Tracing of drawings is prohibited. Use of
The employment of pen or ink for notes or sketches is Leite
also forbidden. forbidden.
70

Breach of
trust by
employése

Penalty.

UNPATENTED INDUSTRIAL SECRETS.

UNPATENTED INDUSTRIAL
SECRETS.

—

UNPATENTED industrial secrets are not protected against
public user, and there is no property in them inde-
pendently of registration, as there is, for instance, in the
case of trade-marks, but there are certain provisions of
the Penal Code which are designed to deter workmen
employed in the manufactures to which they relate from
revealing such secrets to competing and especially foreign
manufacturers. These provisions are contained in the
following article, which dates from May 13, 1863, when
the new reading of the Article in question was adopted :—

(Penal Code, Febrauiry, 1810; modified May 13, 1863.
TY;

Art. 418.—§ 1. Any director, clerk, or artizan
who shall have communicated or attempted to com-
municate to foreigners or to Frenchmen residing
in foreign countries, secrets of the manufactory in
which he is employed, shall be punished with
imprisonment for from two to five years, and with
a fine of from 500 to 20,000 francs (a).

§ 2. He may, moreover, be deprived of the rights
mentioned in Article 42 of the present Code during
five years at least and ten years at most, running
UNPATENTED INDUSTRIAL SECRETS.

from the day when he shall have undergone his
penalty.

§ 3. He will also be placed under the supervision
of the police during the same number of years.

§ 4. If such secrets have been communicated to
Frenchmen resident in France, the penalty shall be
imprisonment for from three months to two years,
and a fine of 16 to 200 frances (b).

§ 5. The maximum penalty provided by para-
graphs 1 and 3 of the present Article shall necessarily
be inflicted where the secrets in question relate to
manufactories of arms and war materials belonging
to the State.

(a) This section of the Article is applicable to revelation to
a foreigner though he be,established in France, and to any
firm of which one of the partners isa foreigner. (Paris Appeal,
July 27, 1887.)

(6) The revelation of a secret of manufacture made by a
director, clerk, or artizan, is punished in a different way
according to whether the communication of the secret has
been made to a Frenchman residing in France, or to a French-
man residing out of France, inasmuch as attempts at revela-
tion to a Frenchman are only punishable when he resides in
a foreign country. The law, further on, places on the same
level in point of repression, the revelation or attempt at
revelation made by a foreigner, and the revelation or attempt
at revelation made by a Frenchman residing abroad. It makes
no distinction between foreigners resident in France and
foreigners not resident there.

State
industrial
secrets,

Revelation.
to
foreigners
and
Frenchmen
distin-
guished.
72

Parr I,

Definition,

Compulsory
marks,

TRADE-MARKS.

TRADE-MARKS.

(LAW OF JUNE 23, 1857.)

 

PART I.
THE OWNERSHIP OF TRADE-MARKS.

Art. I.—§ 1. Trade-marks are optional. Never-
theless, decrees in the form of administration orders
may, by way of exception, declare trade-marks com-
pulsory for certain specified articles (a).

The following are considered trade-marks :—
Names of a distinctive character (b), appellations,
emblems, imprints, stamps, seals, vignettes (c),
reliefs, letters (d), numbers, wrappers and every
other sign serving to distinguish the products of a
manufacture or the articles of a trade (e).

(a) Compulsory marks have been imposed by laws of the 28
germinal, year IV, and Oct. 21, 1784, relating to printers, and
of the 19 brumaire, year VI, and January 13, 1864, concerning
jewellers and goldsmiths ; by the decrees of February 9, 1860,
concerning manufacturers of playing-cards, and of July 25,
1810, March 28, 1815, July 24, 1816, and December 2, 1835,
concerning firearms and military weapons; of October 29,
1846, concerning druggists ; of April 1, September 18, 1811,
and December 22, 1812, concerning soap; of 20 floréal,
THE OWNERSHIP OF TRADE-MARKS,

year XIII, concerning metallic materials ; by the law of April
28, 1816, and ordinances of August 8, 1816, and September
29, 1819; customs law of April 21, 1828; ordinance of
April 3, 1836, concerning cotton fabrics ; ordinance of June
18, 1823, concerning artificial mineral waters.

See Art. 9.

(6) To obtain protection the {mark must have a sufficiently
distinctive character. Thus it was recently held that the
words “‘ Elixir de Santé” were not sufficiently distinctive to
support an action for infringement (Lyons Appeal, March 31,
1887),

(c) The initials of the name of a manufacturer figuring in
a vignette and composing with it a registered trade-mark form
part of that trade-mark and have a right to protection. Thus,
the employment of these initials by another manufacturer in
his trade-mark, although they may be those of his own or his
wife’s name, may in certain circumstances be held to be a case
of fraudnlent competition, entailing damages and prohibition
of their employment (Cass. June 1, 1874).

(d) Thus the letter U registered by several brick-makers as
their mark has been protected, and a V with a rounded base
has been held to be a fraudulent imitation, being sutticiently
similar to be mistaken for it without close examination (Paris
Appeal, May 25, 1887).

(e) Some discussion has taken place as to whether a mark
registered by a municipality is a trade-mark within the scope
of the present law. The municipal council of Lyons, in 1886,
resolved to create and register a municipal mark with the
town’s arms. This mark is composed of an oblong or parallel-
ogram woven at its two extremities, and bearing at the one
extremity in indelible ink, the nwméro @ordre and numéro de
la série; atthe other the stamp of the town, with the words
Tissé & Lyon (Woven at Lyons). It is placed at the disposal
of the silk manufacturers to be affixed to their silks for the
purpose of attesting their Lyons origin. Only silks woven

_Within the commune of Lyons can be so stamped. The mark
was registered at Lyons on Nov. 30, 1886, by the mayor of
that town.

73

Part I,

Initials.

Letters.

Corporate
marks.

Lyons
mark,
74

Pant I.

Registra-

tion

by agent.

Deviation
of con-
struction
from text.

Difference
between
registered
and un-
registered
marks,

No exami-
nation of
proposed
marks.

Registra-
tion by
foreigners.

TRADE-MARKS,

Arr. II.—No person can assert his exclusive
ownership of a trade-mark, unless two copies of the
pattern of the mark have been deposited (regis-
tered) (a) (b) at the Tribunal of Commerce of his
domicil (¢).

(a) This deposit (registration) must be effected by the appli-
cant in person, or by somebody specially authorized thereto by
him. The power of attorney of the latter must be properly
legalized (see p. 39) and fiscally registered (see p. 30) before it -
is delivered to the Registrar of the Tribunal of Commerce.
The pattern of the mark should be in two copies, on separate
sheets of paper 18 centimétres square, the model being in the
centre. See Instructions No. 3, p. 89.

The wording of this Article has given rise to conflicting
interpretations. The decisions, however, are unanimous in
giving it a meaning somewhat different from the apparent
sense of the words, as being that shown by the preparatory
reports to have been intended by the Legislature.

Registration, according to this construction, does not create
a property. in the mark, but is merely declaratory or evidence
of such property, the difference between the protection granted
to a registered mark and an unregistered mark being that the
former is guaranteed by the penal provisions of Arts. 7 to 15.
of present Act, whereas an unregistered mark is only pro-
tected on the same footing as trade-wrappers, names, etc., by
Art. 1382 of the Civil Code (see p. 118).

(b) The registrar does not look into the merits of the pro~
posed mark, and provided the formalities of registration are
complied with, all applications are accepted and inscribed.
No questions of property in the mark can be examined by the
registering authorities. These are matters of which the proper
Law Courts alone can take cognizance. See Art. 16, p. 82,
and Introduction, p. 7.

(c) The Tribunal of Commerce of the Seine (sce Art. 6, § 2)
is the proper place for the registration of trade-marks by
foreigners.
THE OWNERSHIP OF TRADE-MARKS.

Art. III.—This deposit (registration) is effective
_for a period of fifteen years only. The ownership

of the mark may, however, be secured for a further
term of fifteen years by means of a fresh deposit
(registration) (a).

(a) On expiry of the period of registration for which the
mark is taken out, if the owner does not register it afresh, he
loses his right of action before the criminal tribunal, but, as
explained in the note to Art. 2, the mark does not on that
account cease to enjoy protection. The property in the mark
existing independently of the registration, the owner can still
claim protection under Art. 1382 of the Civil Code (Cass.,
May 5, 1883). See as to this, Fraudulent Competition, p. 118.

Art. IV.—A fixed fee of one franc is charged for
entering the minute of deposit of each mark, and
making a copy thereof, exclusive of stamp and
registration fees (a).

(a) These fees are independent of the deposit or registration
fee proper. By “registration ” (enregistrement) as used in the
text is meant a special tax levied on all documents. They bear
date as against third parties from registration only. This tax is
comprised in England in the ad valorem stamp duties. Agree-
ments or procurations not upon stamped paper are of no
effect, and they cannot be used in connection with any public
administration unless, furthermore, they have been registered.
The charge for stamped paper is 60 centimes (6d.) per single
sheet, and for registration of a procuration, 3 fr. 75 ¢. (3s.)

7

~

Oo

Part I.

Duration.

Special
sense of
registra-
tion.

Amount
of duty.
76

Part IT.

Foreigners
settled in
France,

Foreigners
and
Frenchmen
settled
abroad.

Foreign
marks
where
registered.

TRADE-MARKS,

PART II.

PROVISIONS RELATING TO FOREIGNERS.

Art. V.—Foreigners who have industrial or
commercial establishments in France enjoy the
protection of the present Law for the products
thereof, provided they comply with the formalities
herein prescribed (a).

(a) Compare Art. 3 of the International Convention of 1883,
extending this protection to “ subjects or citizens of States not
forming part of the Union who are domiciled or have. industrial
or commercial establishments on the territory of any of the

states of the Union.” Such subjects or citizens are assimilated
to the subjects or citizens of the contracting States.

Arr. VI.—§ 1. Foreigners and Frenchmen whose
houses or places of manufacture are situate out of
France also enjoy the protection of the present Law
for the products thereof, if, in the countries where
such houses or factories are situate, diplomatic con-
ventions have stipulated reciprocity for French
trade-marks (a).

§ 2. Foreign marks in this case shall be registered
at the Tribunal of Commerce of the Department
of the Seine.

(a) This article has been modified by Art. 9 of the law of
Nov. 26, 1873 (see p. 88). Under this provision, where the
law of a foreign country grants the protection in question, a
diplomatic convention under the law of 1873 is unnecessary.
There is, however, this difference between a diplomatic con-
OFFENCES,

vention and a law, that the latter can be changed at the will
of the one party only, whereas a convention cannot be altered
without the concurrence of both parties. The administrative
authorities in France seem to consider that the existence of pro-
tection independently of a convention does not dispense with
the bilateral sanction specifically indicated in this article, for
the purposes of the application of Art. 19 of the present law.
Nevertheless they do not apply Art. 10 of the Convention of
1882. See pp. 22 and 104,

See Arts. 4 and 6 of the Convention of 1883, pieibg
periods of priority for the registration of marks already regis-
tered in any other country belonging to the Union.

In accordance with the principle that registration is not
creative of property in a mark, but is merely declaratory of
such property (see Art. 2), the foreigner registering a mark
under Arts. 4 and 6 of the Convention of 1883, must have a
property in it in order to enjoy a prior right of registration.
The right to the mark itself may be held to be dependent on
the continuance of the right in the country of origin.

English and French joint-stock companies are reciprocally
recognised in France and England under a special Convention
dated April 30, 1862 (see Appendix).

PART III.
OFFENCES.

Art. VII.—§ 1. The following persons are liable
to a fine of from 50 francs to 3,000 francs, and to
imprisonment for from three months to three years,
or to one of such penalties only :-— .

1. Those who have counterfeited or made use of’

a counterfeit mark (a) ;

-

77

Part II.

Difference
between
protection
by treaty
and under
domestic
law.

Effect of
registration
under In-
ternational
Conven-
tion.

British

companies
recognised
as persons.

Penalties
for in-
fringement.

Counter-
feiting.
78

Part III.

Bona fides.

Fraudulent
enclosing
of goods.

TRADE-MARKS.

2. Those who have fraudulently affixed to their
goods, or the articles in which they trade, a mark

belonging to others ;

3. Those who have knowingly sold or displayed
for sale one or more articles bearing a counterfeit
mark, or to which a mark has been fraudulently

affixed (0), (c).

(a) The actual counterfeiter of the mark and the person
using such counterfeit mark are ranked together, and no dis-
tinction is made between the case in which the counterfeiter
has forged the mark for his own or for another's benefit. The
authorities are not unanimous as to bona fides being an excuse,
the terms of the law being absolute. It has been held, how-
ever, that the fact of counterfeiting is not a correctional
offence, if it be proved by the counterfeiter that he acted in
good faith (Paris, March 19, 1875). ;

The courts do not require proof of reproduction of the mark
in its entirety, but hold counterfeit the reproduction of the
principal or of a part of it sufficiently characteristic to deceive
the public.

(b) The exhibition of goods bearing a counterfeit mark in a
public Exhibition is a using within the scope of this article,
though the goods were not offered for sale (Bcrdeaux Corr.
Trib., Feb. 5, 1886).

(c) It is an offence under this article to pack and sell
wares in boxes which have previously contained similar wares
manufactured by the registered owner thereof, and bearing his
trade-mark (Seine Corr. Trib., August 23, 1882).

But to use marks, envelopes, flasks or boxes which have
enclosed the wares of a trade competitor is not a counterfeit-
ing in the exact sense of the term. It is a fraudulent affixing
of the mark under § 2 of this article, and may even be held
more serious than a counterfeiting, “ inasmuch as it is scarcely
possible for either the purchaser or owner of the mark to
detect it” (Seine Corr. Trib., May 9, 1885).
OFFENCES.

As regards foreign products bearing French marks and
names see Art. 19,

Arr. VITI.—The following are liable to a fine of
from 50 francs to 2,000 francs and to imprisonment
for from one month to one year, or to one of such
penalties only :—

1. Those who, without having counterfeited a
mark, have fraudulently imitated it in a way calcu-
lated to deceive a purchaser, or who have made use
of a mark fraudulently imitated (a) ;

2. Those who have made use of a mark having
characteristics (indications) apt to deceive a pur-
chaser as to the nature of the goods ;

83. Those who have knowingly sold or exposed
for sale one or more articles bearing a mark fraudu-
lently imitated, or having characteristics (indica-
tions) apt to-deceive a purchaser in relation to the
nature of the goods.

(a) An imitation differs from a counterfeiting as an attempt
to evade the law and produce confusion between the original
and the imitation while avoiding exact reproduction.

The offence of fraudulent imitation does not exist unless
there is an imitation capable of deceiving and an intention to
deceive the public. The presumption, however, is against
the person whose mark resembles a mark already registered,
and he must prove his good faith. Though he may prove his
good faith he may yet be condemned to pay damages, if loss

has been incurred by the registered owner of the mark, under
Art. 1382 of the Civil Code.

Art. IX.—The following are liable to a fine of
from 50 francs to 1,000 francs, or to imprisonment

79

Parr III.

Imitation.

Selling
goods
fraudu-
lently
marked.

Imitation
when
fraudulent.

Burden of
proof,
80 TRADE-MARKS.

Part IIT. for from a fortnight to six months, or to one of such
penalties only :—
Compulsory 1. Those who have not affixed to their goods a
marks, dee .
mark which is compulsory ;

2. Those who have sold or offered for sale
articles not bearing a mark compulsory for such
articles ;

3. Those who have infringed the provisions of
the decrees issued pursuant to Art. 1 of the present
law.

Penalties Arr. X.—The penalties provided by the present
not to be
cumulated. law cannot be cumulated.
The highest penalty only is inflicted for all acts
done before the commencement of proceedings.
ae: Arr. XI.—The penalties inflicted by Arts. 7, 8,
ment, and 9 may be doubled in case of a fresh offence.
A sentence for any offence under this Act delivered
within the next preceding five years makes the
accused an old offender for the purposes of this
Act.
iment Art. XJJ.—Art. 463 (a) of the Penal Code is
cumstances. applicable to offences provided for in the present
Act.

(a) This article provides for the reduction of penalties
where extenuating circumstances have been found.

Art. XIII.—§ 1. Offenders, moreover, may be
deprived of the right of voting at the elections for
Tribunals and Chambers of Commerce, for the
Consultative Chambers of Arts and Manufactures,
OFFENCES.

gl

and for the Conseils de Prud’hommes, for a period Parr IL

not exceeding ten years.

§ 2. The Court may order the publication of the Publica-

tion of

sentence in such places as it may deem fit, as well sentence.

as its insertion wholly or partially in such news-
papers as it may appoint at the expense of the
. person against whom such sentence is delivered.

Art. XIV.—§ 1. The Court may even on acquittal Confisca-

tion of

order the confiscation of goods bearing marks con- goods, &e.

trary to the provisions of Arts. 7 and 8, as well as of
the instruments and tools which have been specially
employed for the commission of the offence.

§ 2. The Court may order delivery of the con-
fiscated objects to the owner of the infringed mark (a),
irrespectively of further damages where such owner
is entitled to them.

§ 8. It shall in every case order the destruction
of marks found to be an infringement of the pro-
visions of Arts. 7 and 8.

(a) In the case of patents no discretion is left to the Court.
(Art. 49.)

Art. XV.—§ 1. In the case provided for by the
first two paragraphs of Art. 9, the Court shall order
that marks be affixed to articles for which they are
sbligatory by law.

§ 2. The Court may order the confiscation of
such articles where the defendant has been con-
victed within the next preceding five years of an
offence provided against in the first two paragraphs

of Art. 9.
B.P. G
82

Part IV.

Civil pro-
ceedings
where
brought.

Correc-
tional
Tribunal
competent
for civil
defences.

Damages in
Correc-
tional
Tribunal.

Evidence
of infringe-
ment how
obtained.

TRADE-MARKS.

PART IV.

JURISDICTION.

Arr. XVI.—§ 1. Civil actions relating to trade-
marks shall be brought before the Civil Courts (a),
and tried as summary matters (6).

-§ 2. Where in proceedings before the Correc-
tional Tribunal, the defendant in his defence raises
questions as to the ownership of the mark, the
Correctional Tribunal deals therewith (c).

(a) Thus Tribunals of Commerce can never take cognizance
of questions of infringement of trade-marks, except in con-
nection with an action for fraudulent competition, when they
can deal incidentally therewith.

(b) In summary proceedings several steps in the action are
abridged and the costs are consequently smaller. Trade-
marks like patents being placed under the jurisdiction of the
civil as distinguished from the commercial courts, the remarks
made as regards security for costs in the note to Art. 27 of
the Patents Act (supra) apply also to trade-marks.

(c) An action for fraudulent competition falls within the
juzisdiction of the tribunal of commerce. In criminal pro-
ceedings the prosecutor by French law can join a civil claim for
damages.

Art. XVII.—§ 1. The owner of a trade-mark may
effect through any process-server (huissier) a detailed
description, with or without seizure, of the articles
he alleges to be marked to his detriment contrary to
the provisions of the present Act on obtaining an
order from the President of the Civil Court of First
JURISDICTION.

Instance, or from the Justice of the Peace of the
Canton, when there is no such Court in the place
where the articles to be described or seized are
situated.

§ 2. The order shall be granted on simple peti-
tion and on presentment of the certificate of regis-
tration of the mark. The order, if necessary, may
appoint an expert to assist the process-server in
drawing up his description.

§ 8. Where a petition for seizure is made, the
judge may require the petitioner to give security,
which he must deposit before the said seizure can
be effected.

§ 4. A copy of the order, and of the certificate of
deposit of security, where such security has been
required, shall be served on the persons in posses-
sion of the articles described or seized, in default of
which the proceedings for seizure shall be void, and
the process-server liable for damages.

Art. XVIII.—The description or seizure shall be
ipso facto void, irrespectively of damages, where a
right to them exists, on failure of the petitioner to
proceed in either a Civil or Correctional Court
within fifteen days, one day more being allowed for
every myriamétre (a) of distance between the place
where the articles described or seized are situated
and the domicile of the person against whom the
action must be brought.

(a) A myriamétre is 6.2 miles.

G2

83

Part IY.

Security to
be given by
applicant
for ‘order
to seize.

NA
84

Part V.

Prohibition
of importa-
tion of
goods
bearing
French
marks or
names.

TRADE-MARKS,

PART V.

GENERAL AND TEMPORARY PROVISIONS.

Art. XIX.—§ 1. All foreign articles bearing
either the trade-mark or the name of a manufacturer
residing in France, or the name or place of a French
manufactory, are prohibited from entering or passing
through France, or being warehoused there, and
may be seized wherever found, either by the Customs
authorities or at the instance of the Public Procura-
tor or of the person whose rights are infringed (a).

§ 2. Where the seizure is made at the instance
of the Customs authorities, a minute of the seizure
shall at once be transmitted to the Public Pro-
curator.

§ 3. The action under Art. 18, whether brought
by a private person or by the Public Procurator,
shall be commenced within two months, otherwise
the seizure shall be void.’

§ 4. The provisions of Art. 14 are applicable to
goods seized pursuant to the present article.

(a) The principle of this article has been imported into
Art. 9 of the International Convention of 1883, which pro-
vides that all goods illegally bearing a trade-mark or trade
name may be seized on importation into those States of the
Union where such mark or name has a right to legal protec-
tion, and that the seizure shall be effected at the instance of
the Public Procurator or of the interested party, pursuant to

the national legislation of each country. This article and the
important provisoes it contains are dealt with more fully in the
\ SPECIAL MARKS.

chapter on Trade Names (see p. 103) and on the Industrial
Property Convention, see pp. 144 and 149,

Art. XX.—All the provisions of the present Act
are applicable to wines, alcohols, and other drinks,
to cattle, grain, flour, and generally to all agricultural
products.

Art. XXI.—Any registration of a trade-mark at
the Tribunal of Commerce made before the present
Act shall have effect for fifteen years from the date
at which the said present Act comes into force.

Art. XXII.—§ 1. The present Act shall not come
into force until six months after its promulgation.

§ 2. An administrative order shall specify the
formalities to be observed in regard to registra-
tion, and publication of trade-marks, and any other
measures requisite for the enforcement of the law.

Art. XXIII.—Subject to the provisions of this
Act previous enactments shall remain in force.

(LAW OF NOVEMBER 26, 1873.)

ACT ro EstasuisH a Sramp or Specran Mark
TO BE AFFIXED To TRADE AND MERCHANDISE
Marks (a).

(a) The law of 1873 has not realized all the advantages its
authors expected from it. It was expected to bring a good

deal into the Treasury. In the year 1883, when the stamp
produced the largest amount yet attained, it yielded only

85

Part VY.

 

Puncheons.
86

TRADE-MARKS.

49,000 francs, and the receipts have siuce then constantly
decreased. Pharmaceutical and chemical products seem to be
about the only articles which are stamped, and as regards
puncheons for metal stamps not a single one has been applied

' for since the law came into operation. See Nicolas and

Pelletier, p. 116.

Arr. I.—On written application by the owner
of a trade-mark registered in accordance with the
Act of June 28, 1857, whether the said trade-
mark be marked upon labels, bands, or envelopes
of paper, or upon plaques of metal, the Government
shall apply a special stamp or puncheon for the
purpose of guaranteeing the authenticity of such
trade-mark. The puncheon may be applied to the
trade-mark forming part of the article itself, if the
authorities think it fit to receive such application.

Arr. II.—A fee, varying from one centime to
one franc, shall be paid to the State for every
affixing of the stamp. The fee shall be not less
than five centimes and not exceed five francs for
every application of the puncheon to the articles
themselves.

Art. IIJ.—§ 1. The amount of the fees payable
to the Treasury shall be proportionate to the value
of the articles to which the labels are to be attached,
whether in paper or in metal, and to the difficulty
of applying the puncheon to the niarks affixed to
the articles themselves.

§ 2. An administrative order shall determine such
proportion ; it shall also specify the metals to which
SPECIAL MARKS.

the puncheon may be applied, the conditions to be
complied with for obtaining the application of a
stamp or puncheon, the place where such applica-
tion shall be effected, and other measures for
carrying out the present Act.

Arr. I1V.—The sale by the owner of the trade-
mark of the articles protected thereby at a higher
price than that corresponding to the proportion of
the stamp or puncheon shall be punishable for each
offence by a penalty of 100 francs to 5,000 francs.
Such offences shall be published in every place open
to the public by the officials authorised to report
offences relating to stamps and indirect taxes,
and by post-office and custom-house officials in case
of exportation. These officials shall receive one-
fourth of the penalty recovered. The offences shall
be reported and the prosecution shall take place :—
(1) as in stamp matters where the stamp has been
affixed to labels, bands, or wrappers in paper; (2)
as in matters of indirect taxes, where a stamp has
been applied by puncheon.

Arr. V.—French consuls abroad are qualified
(auront qualité) to draw up reports concerning the
fraudulent use of trade-marks, and to forward the
same to the competent authorities.

Arr. VI.—Any person who shall counterfeit or
forge the stamps or puncheons instituted by this
Act, and who shall make use of counterfeit or
forged stamps or puncheons, shall be punished ac-
cording to the provisions of Art. 140 of the Penal

87

French
consuls to
report on
infringe-
ment of
French
marks,
88

Foreigners
to have
benefit of
French
laws.

Rights of
British
subjects
under this
article.

TRADE-MARKS,

Code, irrespectively of civil damages. Any other
fraudulent use of such stamps or puncheons, or of
labels, bands, wrappers, or plaques, stamped there-
with, shall be punished according to the provisions
of Art 142 of the said Code. Art. 463 of the Penal
Code is applicable thereto.

Art. VII.—The stamp or puncheon of the State
applied to a trade-mark shall form an integral part of
the saidmark. Ifthe State should fail to prosecute,
in France or abroad, the counterfeiting or forgery
of such stamp or puncheon, the owner of the mark
may himself prosecute.

Arr. VIII.—The present Act shall be applicable
in the French Colonies and in Algeria.

Art. [X.—The provisions of other laws in force
relating to trade names, merchandise and trade-
marks, designs and models shall be applicable in
favour of foreigners, if the laws of their country
or international treaties insure the same protection
to Frenchmen.

This article modifies Art. 6 of the law of 1857 (q. v. p. 76),
and grants protection to foreigners where the laws of the
country to which those foreigners belong grant protection to
French citizens without necessity of a treaty.

As the new Merchandise Marks Act of 1887 grants pro-
tection to foreigners generally and the Anglo-French Trade
and Navigation Treaty of 1882 gives reciprocal treatment in
respect of the subject-matter of this article, there can be no
doubt as to British marks being entitled in France to the
same protection as that granted to French citizens.

See the observations on this article in connection with
Merchandise Marks, p. 104.
INSTRUCTIONS.

INSTRUCTIONS RELATIVE TO CARRYING OUT THE
Law or June 28, 1857, anp THE DECREE OF
Juty 26, 1858 (a), on TrapE anp MeErcHan-
pis—E Marks. (March 4, 1887.)

(a) The present instructions render it unnecessary to repro-
duce this decree. 7

1. Manufacturers, merchants and agriculturists
who wish to deposit (register) their marks at the
registry of the Tribunal of Commerce, or where there
is no Tribunal of Commerce, at the Civil Tribunal
of their domicile, may either present themselves
in person or be represented by a specially authorised
agent.

In the latter case the power of attorney may be
drawn up in any form, duly signed and dated (sous
seings privés), but it must be fiscally registered
(see p. 30) and left with the registrar to be annexed
to the minute mentioned below.

2. The applicant must supply in duplicate on
ordinary paper (a) the model of the mark adopted.
This model may consist of a design, an engraving or
a print, but must be executed in such a manner as
to represent the mark clearly and indelibly.

(a) That is to say, not stamped paper.
8. The paper on which the model is traced must

be in the form of a square of 18 centimétres long,
in the middle of which the mark must be traced in

89

Power of
attorney to
register.

Model of
mark.
90 TRADE-MARKS,

such a way as to leave space for any observations
in accordance with the Decree of July 26, 1858.

4, The applicant must not write any remarks on
the above duplicate. However, if the mark is to be
placed either in relief or in a cavity on the goods,
or if its size has had to be reduced in order not
to exceed the prescribed dimensions, or if it should
have any other special feature, the applicant must
indicate it on the duplicate either by explanatory
figures or by description.

5. These indications must be made on the left
side of the paper on which the mark is drawn: the
right side is reserved for the observations which the
registrar may add as hereafter set forth.

6. The registrar verifies the two copies. If
they are not made on paper of the proper dimen-
sions, or in accordance with the prescriptions above
given, they are returned to the applicant to be
rectified or made afresh.

Where 7. The registrar must refuse to register :—

registrar .
must refuse A. When the two copies of the mark are not

eee perfectly alike ;

B. When the pattern of the mark does not com-
pletely adhere to the paper on which it is
placed ;

C. When the model is in relief of metal, wax or
anything which might injure the registers to
which the copies will be attached.

Registrar 8. There are often presented to the registrar for

to warn : : . :
applicant Yegistration as trade-marks, drawings or specimens
INSTRUCTIONS.

relating to patentable inventions, or to designs and
models. When an application of this kind is made
the registrar will draw the attention of the inte-
rested person to the fact that the law of June 23,
1857, is only applicable to trade-marks, that is, to
signs serving to distinguish the products of an
industry or the articles of a trade, and that thus
the registration applied for by him would not
guarantee his ownership. If, however, the inte-
rested person insists, the registrar shall neverthe-
less register the application (a).

(a) See Art. 2, note (d), p. 74.

9. If an applicant believes himself justified in
protesting against the refusal of a registrar to
accept his application, he may address himself to
the President of the Tribunal to which the registrar
is attached.

10. The registrar must examine the models pre-
sented to him to ascertain whether they are
contra bonos mores, and, should it be so, he
shall draw the attention of the applicant thereto.
If the latter should insist, the registrar shall receive
the models, and immediately bring them to the
notice of the Public Procurator.

11. In the event of the Cross of the Legion of
Honour being indicated on the models presented,
the registrar shall remark to the applicant that this
is prohibited by the Grand Chancellor of the Legion
of Honour, and if the applicant persists, the models

91

where
patent or
design is in
question.

Appeal
from
registrar to
President
of Tribunal.

Marks
contra
bonos

mores.

Cross of
Legion of
Honour not
to form
part of a
mark.
92

TRADE-MARKS.

shall be received and at once brought to the notice
of the Public Procurator.

12. The applicant shall indicate to the registrar
which of the two copies is to remain at the registry
and bear the heading primata, and which shall be
deposited in Conservatoire des Arts et Métiers and
be headed duplicata.

13. The registrar shall affix to both copies the
stamp of the Tribunal. When the model, instead of
being traced, is only fastened, the registrar must
so affix the stamp that one part of it is on the
paper and the other on the model, taking care not
to cover any part of the model.

14. The registrar fastens the primata to one of
the leaves of the registers which he keeps for this
purpose. The models are inserted therein one after
the other in the order of application. The register
shall be of ordinary (unstamped) paper of 24 centi-
métres in breadth and 40 centimétres in length.
The paper of each model being 18 centimétres
square, the leaves of the register must hold two of
them on one side or the other of each page, thus
leaving a margin of 8 centimétres on each side, and
2 centimétres above and below. The register is
numbered and initialed by the President of the
Tribunal of Commerce or of the civil Tribunal,
as the case may be. The number of leaves is in
proportion to the number of registrations usually
effected in the district.

15. The registrar then prepares, on a register on
INSTRUCTIONS,

stamped paper, numbered and initialed like the
register above mentioned, the minutes of registration
in the order of the applications. He indicates :—
(1), the day and hour of the deposit; (2), the name
of the owner of the mark, or agent, as the case may
be ; (8), the profession of the owner, his domicile,
and the kind of manufacture or trade for which the
mark is intended to serve. The registrar, more-
over, inscribes a number on each minute, and re-
peats this number on the space reserved on the
right side of each of the duplicates.

16. He shall also write on each copy that the
mark was registered on the (day, month, and
year), at (hour, a.m. or p.m.), at the registry of
the Civil or Commercial Tribunal of (situation
of the Tribunal), by (Christian names, sur-
name, profession and domicile), agent of
(Christian names, surname, profession and domicile),
whose power of attorney has been deposited and
retained, and that the mark is destined to distinguish
such and such wares.

17. When the registration is made with the view
of retaining a mark already registered for a fresh
period of fifteen years, this circumstance shall be
mentioned in the minute of registration, as well as
on the two copies of the model.

18. The applicant, or his thereto duly authorised
agent, as well as the registrar, shall both affix their
signatures: (1), at the foot of the minute; (2), on
the two copies of the model, under the observations

93

Applicant
to sign
register.
94

Copies of
certificates
of registra-
tion.

Fees for
registration
of marks.

TRADE-MARKS.

written on the right side and under those written
on the left. If the applicant cannot or does not
know how to sign, he must be represented by a
person duly authorised to sign for him.

19. The number of the leaves of the veviatse of
the minutes shall be in proportion to the number of
registrations usually effected in the district.

20. The registrar shall be paid, besides the fixed
fee of one franc for each minute of registration com-
prising the cost of the certificate, furthermore the
tax for stamps and registration (fiscal) (a).

(a) "This is not to be confounded with the registration of the
mark. See p. 30.

The same manufacturer or merchant may register
several marks in the same minute. But in sucha
case the registrar levies as many one-franc fees as
there are marks registered.

21. When a copy of the minute of registration is
subsequently demanded by any person whomsoever,
it shall be delivered to him on payment of the fee
of one franc with the cost of the stamps.

22. The fees levied for registration of a trade-
mark are fixed as follows :—

A. Registration of the trade-mark and delivery of

the certificate—
Frs, C.

(1). Stamp for the minute (Decree of
June 18, 1880, Art. 12, § 8) . i . 0 60
(2). Registration of the minute . . 5 63
INSTRUCTIONS. 95

Frs. C,
(3). Drawing the minute, and making

copy thereof (Decree of July 26, 1856,

Art.6; Decree of June 18, 1880, Arts. 8

and 10) ‘ ‘ ‘ ‘ ‘ . 1 oOo
(4). Observation on index and stamp

(Decree of June 18, 1880, Arts. 10 and

12) : : ‘ ; : : . 0 35
(5). Stamp for copy : : . . 180
B. Delivery of the certificate of identity of the

trade-mark—
Frs. C.
| 0 60 or
“UL 20 (a)
(a) Stamp is charged at the rate of 60 centimes for each
single sheet.

(1). Stamp for certificate

(2). Registration of the minute . . 1 88
(3). Delivery of certificate (Decree of
June 18, 1880, Art.8,§ 8) . : . 1 0
(4). Observation on index and stamp
(Decree of June 18, 1880, Arts. 10 and

We je oe » & 2-5 U5
(5). Legalisation (Decree of June 18,
1880, Art. 10, § 1) a ‘ : . 0 25
23. The models deposited at the registry as well Searches

$ i : and inspec-
as the minutes drawn up by the registrar must tion a

be produced without cost to any person applying PY
therefor.

24, The registrars shall neither deliver copies nor
allow copies to be taken from the models entrusted
to their keeping.
96

Copies
preserved
at Con-
servatoire
des Arts et
Meétiers.

Index to
registered
marks.

Foreign
applicants
where to
register.

TRADE-MARKS,

25. The duplicata are transmitted, within the five
days following the date ot the minute, to the Minis-
try of Commerce, by letter under special cover,
giving the names of the registering persons and
indicating the numbers of the models deposited.
These are signed by the President of the Tribunal
or by the registrar, if he is thereto authorised by
the President.

26. The copies are for preservation in the Con-
servatoire des Arts et Métiers, where they are
produced free of charge to all persons on applica-
tion.

27. At the beginning of each year the registrar
shall draw up, on ordinary paper and according to
the model fixed by the Minister of Commerce, an
index of the trade-marks which he has registered
in the course of the preceding year. This index
shall be kept at the registry, and produced to all
applicants.

28. Foreigners and Frenchmen domiciled abroad,
and who are entitled to register their trade-marks
in France in virtue either of Art. 6 of the law of
June 23, 1857, or of Art. 9 of the law of November 26,
18738, shall effect the registration thereof at the
registry of the Tribunal of Commerce of the
Department of the Seine.

29. Registrars of other Tribunals shall rigorously
refuse to accept applications for the registration of
foreign marks.
MERCHANDISE MARKS AND TRADE NAMES.

MERCHANDISE MARKS AND
TRADE NAMES.

 

(LAW OF JULY 28, 1824.)

Art. I.—§ 1. Any person who shall affix or by
adding, shortening, or any other alteration, shall
cause to appear on manufactured goods the name of
any manufacturer but their real manufacturer, or
the name of any manufactory but that at which the
goods were manufactured, or the name of any place
but that of manufacture (a), will be liable to the
penalties prescribed by Art. 423(b) of the Penal
Code and to damages where a right to them exists.

§ 2.—Every merchant, commission agent, or
tradesman will be liable to prosecution who knowingly
exhibits for sale or sells goods marked with pre-
tended or altered names.

Art. II.—The above mentioned offence will con-
sequently cease, in spite of Art. 17 of the law of
April 12, 1803 (22 Germinal, year XI) to be
assimilated to the counterfeiting of special marks
provided for by Arts. 142 and 143 of the Penal
Code.

B.P. H

97

Fraudu-
lently
marking
goods,

Selling of
fraudu-
lently
marked
goods.
98

Restricted
application
of the Act.

Not ap-
plicable to
merchants’
marks.

Collective
names,

** Cham-
pagne.””

‘* Cognac.”

**Sau-
terne.”

MERCHANDISE MARKS AND TRADE NAMES.

(a) The kinds of names protected are :

1. Trade names of manufacturers,

2. Trade or collective names of manufactories,

3. Names of places where the goods in question are manu-
factured.

These would in general be included in English under the
term “ merchandise marks.”

_ As the statute is a penal one, its enforcement must be
confined to the exact terms of its text.

It protects only manufacturers and not merchants who place
their trade name on articles offered for sale, but not manufae-
tured by them. (Orleans Appeal, February 21, 1882.)

Neither does it protect merchants or manufacturers against
the fraudulent use of names on invoices, in advertisements, or
otherwise when not placed on goods.

The remedy of a merchant for the protection of his trade
name, and for the manufacturer and merchant when the name
has been used in other ways than by placing it on goods, is by
action for fraudulent competition under Art. 1382 of the Civil
Cede. (See Fraudulent Competition, p. 118.)

The name of a locality renowned for its manufacture con-
stitutes a collective ownership by the manufacturers of the
district, and they have a right to bring an action for the
usurpation of this name, and to claim damages for the loss
which the infringement has caused them. (Cass., July 12,1845.)

Thus the word champagne was recently held to be indicative
of a place of production and of manufacture of a certain kind
of wine, and not to apply to any sparkling wines but those
produced in Champagne. It was decided that an action would
lie in favour of any purchaser deceived by the wine sold or
any manufacturer in the district on the ground of fraudulent
competition. (Anger Appeal, July 19, 1887.)

(See also Anger, March 4, 1870, and as to the term “ cognac,”
Cass., July 2, 1888, and as to the term “ Sauterne,” Versailles,
Feb. 23, 1888.)

(b) This article of the Penal Code provides that whosoever
shall have deceived a purchaser as to the nature of the goods
sold, is liable to imprisonment for from three months to one

 
MERCHANDISE MARKS AND TRADE NAMES,

year, and to a fine not exceeding one-fourth part of the
damages awarded, or less than 50 francs.

The Court may also order certain publicity to be given to
the judgment at the expense of the person condemned.

See, as to trade names following the fate of trade marks,
note to Art. 8 of the International Convention for the Protec-
tion of Industrial Property, p. 147.

(LAW OF JUNE 23, 1857.)

Art. XIX (a).—All foreign articles bearing either
the trade-mark or the name of a manufacturer re-
siding in France, or the name or place of a French
manufactory, are prohibited from entering or pass-
ing through France, or being warehoused there, and
may be seized wherever found, either by the Customs
authorities, or at the instance of the Public Procu-
rator, or of the person whose rights are.infringed (b).

(a) This article, it will be observed, belongs to the Trade-
Marks Act. (See p. 84.)

(b) The construction of this provision has given rise to much
controversy and uncertainty in the decisions of the Courts.
The Court of Cassation, by a decision of April 9, 1864,
declared it applicable only in case of fraudulent usurpation,
and that consequently there was no offence where a manu-
facturer had caused or permitted his name or mark to be
placed on goods manufactured abroad.

This was tantamount to ruling that the Acts of 1824 and
1857, in so far as relating to names of manufacturers or manu-
factories, were adopted in the interest of manufacturers and
manufactories, and not in that of the public, and for the

protection of the purchaser.
H2

99

Prohibition

of importa-:

tion of
goods
bearing
false
description
of origin.

Old con-
struction of
Court of
Cassation.
100

New con-
struction.

M. Lock-
roy’s
circular,

Decisions
of courts
relating to
circular.
Court of
Cassation’s
last ruling.

MERCHANDISE MARKS AND TRADE NAMES.

A ministerial circular issued on June 8, 1864, gave
instructions for the application of Article 19 of the Act of
1857 in this sense.

The same Court in 1884 decided that its ruling of 1864
was misunderstood, and found that Article 1 of the Act of
July 28, 1824, adopted in view of maintaining and protecting
fair trading, “ prohibits absolutely and punishes the placing on
industrial products of the name of any place other than that
of manufacture, or the causing of its appearance by means of
any alteration, and that the principles laid down by this law
have been maintained and confirmed by Article 19 of the
Act of June 23, 1857, by the terms of which all foreign
products bearing either the mark or the name of a manufac-
turer residing in France, or the name or place of a French
manufactory, are prohibited from entry, excluded from transit
or warehousing, and may be seized wherever found, either at
the instance of the Customs authorities or of the Public
Procurator, or of any person whose interest is affected.”

On the strength of this decision, the Ministers of Commerce,
Justice and Finance recalled the instructions contained in the
Ministerial Circular of June 8, 1864, and issued a fresh
circular (known as M. Lockroy’s Circular, see p. 105), in virtue
of which for the future all goods coming from abroad and
bearing the mark or name of a French manufactory or locality,
or even a name from which it might be inferred that the
articles were of French origin, are to be seized in conformity
with the new construction of Article 19 of the Act of June 23,
1857.

A number of seizures have been made and the legality of
some of them has been tested in the Courts.

The published decisions thereon may be summed up thus
far as follow :—

1. The law of July 28, 1824, and Art. 19 of the law of
June 23, 1857, do not refer to or prohibit the simple placing
of the address of a firm in France on an object manufactured
in a foreign country. Therefore the address of a French
dealer affixed to a product manufactured in a foreign country
and exhibited for sale in France, does not fall within the pro-
MERCHANDISE MARKS AND TRADE NAMES. 2h “FOL .,
€ ae

visions of the above-mentioned laws, the more so if it je-well ae
known that the dealer is not the manufacturer of the gopd on
which his address is placed and the manufacture of theigodds yg”
in question is not a specialty of the locality in which the_
dealer is established. (Cassation, April 3, 1887, Labit® ve ea
Public Proc.) ae

2. The mere false indication of a place of manufacture does

not constitute an infringement of Art. 19 of the law of June 23,
1857, when the falsely indicated place of manufacture has no
reputation for the special kind of goods to which it is affixed,
and the false indication is therefore without importance for
the buyer. (Bordeaux Corr. Trib., March 17, 1886; Nancy
Corr. Trib., April 14, 1886; St. Nazaire Corr. Trib., July 6,
1887 ; Havre Corr. Trib., Sept. 10, 1886.)

3. A French dealer is not prohibited from putting his name
and address on goods which he orders from a foreign manu-
factory, when he represents them as of their real origin in
leaving on them, for instance, the name and address of the
foreign manufacturer, without trying to pass them off as
French goods. (St. Nazaire Corr. Trib., July 6, 1887.)

Fraudulent intent is necessary to constitute the offence
provided for and punished by Art. 19 of the law of 1857.
(Bordeaux Trib. Corr., March 17, 1886.)

4, The importation into France of goods of foreign origin
labelled “‘ Nouveauté de Paris,” is an infringement of the law
of July 28, 1824. Such a designation cannot be considered as
serving to indicate a class of goods ; it engenders the supposi-
tion that Paris industry, famous for its taste and elegance, has
produced the goods to which it is affixed.

It is of little importance whether the labels have only been
affixed to the goods themselves, and that the boxes containing
them bore no indication of the contents being of Parisian
origin, inasmuch as the buyer is more likely to be guided by
the designation of the goods than by the indications on their
covering. (Douai Appeal, Jan. 21, 1887.)

5. It is unlawful to affix to goods manufactured in a foreign
country and introduced into France the name of a French
merchant without indicating that such merchant is a mere
102

Opinion of
M. Nicolas
on rulings
of Court of
Cassation,

MERCHANDISE MARKS AND TRADE NAMES.

middle-man, thus allowing it to be supposed that the goods
were manufactured by him in his locality.

Such a proceeding is prejudicial to the locality the name of
which figures on the goods, and it is no defence for the foreign
manufacturer that he acted with the consent or by order of the
French merchant. (Besangon Appeal, April 2, 1887.)

MM. Nicolas and Pelletier, of whom M. Nicolas is at the
head of the Home Trade Department, say of the first’ men-
tioned of the above decisions :—

“This last decision of the Court of Cassation does not seem
at first sight to have modified the ruling of 1884; the indica-
tion on foreign goods of a place of manufacture in France is
still prohibited as under M. Lockroy’s Circular. In practice,
however, the decision of 1887 may to a certain degree modify
the previous ruling. The Court of Cassation in fact admits
the lawfulness of introducing into France goods manufactured _
in a foreign country bearing the address of a house of sale in
France.

“This concession may have consequences the Court did not
foresee. In the case submitted to it in 1887 the question was
as to an address simply. The indications in English distinctly
showed that the French vendor was not palming off foreign
goods as of French manufacture.

“But will it always be so? Will it not often happen that
goods of foreign origin will bear simply and without further
indication the make-believe address of a French dealer? Will
these objects then escape the application of Art. 19 of the law
of 18577 The Court of Cassation seems to have pronounced
in the affirmative, at least as regards cases in which it is a
matter of public notoriety that the dealer is not a manufac-
turer, and in which there is not in the town where such dealer
is established an industry similar to that of the imported
goods. This ruling unfortunately leaves a wide margin for the
construction of the judges, in other words to arbitrary decision.

“ A new law on the subject is urgently needed, the more so
as what is called an address is in reality the same thing as a
merchants’ mark (marque de commerce). A recent judgment
of the Correctional Tribunal at Nancy seems to admit that
MERCHANDISE MARKS AND TRADE NAMES,

merchants’ marks escape the application of Art. 19 of the
law of June 23,1857. This doctrine, which can be upheld
under the terms of the present law, might be very prejudicial
to our national industry, as there is no sign by which to dis-
tinguish the merchants’ mark from the trade-mark, properly
so called. “Manufacturers, therefore, who manufacture in
foreign countries, might introduce into France goods manu-
factured elsewhere, bearing their French mark; they would
only have to represent it as a merchants’ mark ” (p. 108).

Under Art. 9 of the Convention of 1883, all goods illegally
bearing a trade-mark or trade name may be seized on importa-
tion into those States of the Union where this mark or name
has a right to legal protection ; but under Art. 10 of the same
Convention, the provisions of Art. 9 only apply to goods falsely
bearing the name of any locality as their place of origin, when
this indication is associated with a fictitious trade name, or
one assumed with a fraudulent intention, Any manufacturer
of, or trader in such goods, established in the locality falsely
designated as the place of origin, is deemed an interested party
for the purpose of effecting the seizure.

Thus British subjects, under the Convention of 1883, can
only put Art. 19 of the law of June 23, 1857, in action when
the false indication of origin is associated with a manufac-
turer’s name.

British subjects, however, are entitled to all the protection
enjoyed by French subjects under Art. 9 of, the law of
November 26, 1873 (confirmed by the Anglo-French Conven-
tion of 1882), now following.

(LAW OF NOVEMBER 26, 1873.)

Arr. IX.—The provisions of other laws in force
relating to trade names and merchandise marks
(nom commercial), . . . . shall be applicable
in favour of foreigners, if in their country the laws

103

Insuffi-
ciency of
Inter-
national
Convention
of 1883.
104

M. Ferry’s
erroneous
statements
im connec-
tion with
mark
‘<Shef-
field.”

Judicial
construc-
tion of
Treaty of
1860.

MERCHANDISE MARKS AND TRADE NAMES.

(la législation) or international treaties insure the
same protection to Frenchmen (a).

(a) This very important article, inserted in a law which has
been otherwise very nearly a dead letter, is apt to be over-
looked, as happened in the case of the well-known communi-
cation of M. Ferry to Lord Lyons of January 8, 1885, in which
it was stated that “in accordance with French jurisprudence
foreign manufacturers cannot call this law (July 28, 1824, ¢. v.
p. 97) into operation unless reciprocity has been established
by treaty.” “Hitherto,” he added, “no convention has been
concluded bringing about a reciprocity of this nature between
France and the United Kingdom.” (See this letter, p. 23.)

Both statements are erroneous.

In the first place, the above article provides specifically that
the law relating to the nom commercial (merchandise mark),
viz., the law of July 28, 1824, applies to foreigners if in their
country the laws or international treaties (Ja législation ow des
traités internationauc) insure the same protection for French-
men. Therefore a treaty, by the terms of the present article
which is in full force, is not requisite where the domestic laws
grant the necessary reciprocity.

The second statement is equally erroneous. The same
treatment as native subjects was granted as long ago as under
Art. 12 of the Anglo-French Treaty of Commerce of 1860 for
marques de commerce, and this article was held to include the
protection of the law of July 28, 1824 (Cass. May 27, 1870,
and Cass. Nov. 18, 1876, Seine, May 8, 1878). It was,
moreover, specifically held (though this is evident from its
tenour) that “British subjects even without a domicile or
commercial establishment in France, may, since the Treaty of
1860, claim the protection of French laws” for marques de com-
merce, dc. (Seine, May 8, 1878). The provisions of Art. 12 of
the Treaty of 1860, have been repeated and strengthened by
the provisions of the existing Treaty of Feb. 23, 1882, which,
superseding the now extinct Treaty of 1860, grants reciprocal
protection for “marques de fabrique, de commerce, noms com-
merciauc ou autres marques particulieres indiquant Vorigine ow
MERCHANDISE MARKS AND TRADE NAMES,

da qualité des marchandises,” viz., the very protection which
M. Ferry declared could not be claimed.

As the new Merchandise Marks Act, 1887, is the most
stringent Act yet adopted in any country, and French citizens
though resident abroad and French marks and descriptions are
entitled to all its benefits, there is no doubt that British sub-
jects can claim, under the above article of the law of 1873, the
fullest protection given to native subjects, a protection which
moreover the Treaty of 1882 has confirmed, and which no
alteration of French domestic legislation can withdraw while
at remains in force.

CIRCULAR issuED BY THE FRENCH MINISTER OF Com-
MERCE ON THE MarxkInc or Goops oF FOorREIGN
MaNuracTurRE wiTH Frenca Names. (February 26,
1886.)

THE attention of the Government has been called to
the injury caused to our industry by the introducing
into France of goods manufactured abroad, and either
marked with the name of a French locality or with the
true or false name of a French manufacturer. It occa-
Sionally happens that these goods, after having passed
the Customs, are re-exported, with the appearance of
coming from a French source, to foreign markets, where
they compete with goods of really French origin.

After a lengthened study of this question, my Depart-
ment, in concert with those of Finance and Justice,
considers that a decision of the Court of Cassation, dated
February 28, 1884, supplies the means of protecting
our industry against such abuses. According to this
decision, to mark goods manufactured abroad with such

Merchan-
dise Marks
Act, 1887,
a claim to
reciprocal
treatment.

M. Lock-
roy’s

circular.
106

Prohibition
of wrongly
marked
goods
absolute.

All such
goods to be
stopped.

Falsely

marked
goods in
bond.

MERCHANDISE MARKS AND TRADE NAMES.

names as “Nouveautés de Paris, Modes Parisiennes,”
comes within the construction of Article 1 of the Law
of July 28, 1824 (a), and of Article 19 of the Law of
June 23, 1857 (6).

It further follows from this decision that the prohibition
of the law is absolute, and that no distinction is to be:
drawn as to whether or not the mark has been placed on
the articles by order of a French manufacturer. This.
decision supersedes also that of the same Court of
April 9, 1864, declaring that Article 19 of the law of
June 23, 1857, was only applicable in the case of fraudu-
lent usurpation, and consequently that there was no.
offence where such manufacturer had given his consent,
and allowed his name or mark to be placed on goods.
manufactured abroad.

The Ministers of Justice and Finance agree with me
that in view of this decision it'is necessary to recall
the instructions contained in the Ministerial Circular of
June 8; 1864, issued owing to the above-mentioned
decision of the Court of Cassation of April 9, 1864.
We have, therefore, decided that for the future all goods
coming from abroad and bearing the mark or name of a
French manufacturer or locality, or even a name from
which it might be inferred that the articles were of
French origin, will be seized in conformity with Article
19 of the Law of June 23, 1857. I have further to state
that certain French houses get goods sent to them from
abroad to the public warehouses bearing their marks, and
reship them as of French manufacture. I do not doubt
that these houses will discontinue such practices, as,
apart from other considerations, they will expose their
goods to seizure and themselves to legal proceedings.

(a) See p. 97. (b) See pp, 84 and 99,
INVENTOR’S OR PATENTEE’'S NAME.

INVENTOR’S OR PATENTEE’S NAME AND
ACCESSORY APPELLATIONS.

WHEN a patent expires the right of action in virtue of
the Act of 1844 ceases to exist, and the patentee loses
his exclusive right to manufacture the product or use the
process forming the subject of his patent.

Rights of action arising out of collateral circumstances,
however, may continue to exist under the Trade Names
and the Trade Marks Acts and for fraudulent com-
petition.

The name of the patentee, again, may have become the
popular denomination of the patented object or process,
and an accessory indispensable for the public use thereof.

The Courts have always found it a difficult task to
hold the just measure between the conflicting rights of
the manufacturer or inventor, on the one hand, whose
title to his name is not liable to expire, and who is
protected by special laws, and the interest of the public
not to be deprived of the use of the invention by the
imprescriptible nature of an indispensable appendage.

Names other than the patentee’s may have become
attached to the patent in several ways.

The name may be a fancy one, or merely descriptive,
or it may be started by the patentee independently of
the letters patent, and form or not form part of the
specification, or it may be the name of the patentee.

It has been held that a merely descriptive appellation
followsthe patent and enjoys no independent protection (qa),
and that a fancy name, and even that of the patentee, may
follow the patent, if by usage and by the inventor's own

(a) Nancy, July 7, 1854.

107

Where
name in-
dispensable
for use of .
patent.

Fancy
name,

Descriptive
appella-
tion.
108

Name in-
dependent
of Patent.

Effect of
words

** suivant
Le systénve
de,”

Ose of
word ‘‘in-
ventor,””

MERCHANDISE MARKS AND TRADE NAMES.

act his name has become necessary for the designation of
the article (0).

It was decided, however, that the name of the
inventor of a toilet-water known as Vinaigre de Bully
did not cease to be protected on expiry of the letters
patent taken out for it, the patent having been taken out
under another name, viz., vinaigre aromatique, and the
name of the inventor, Bully, not having been expressly
and intentionally attached to the article (c).

It has also been decided that where the words “ sucvant
le systéme de . . . ” (according to the system of

) are sufficiently distinctive to prevent con-
fision among the public between the inventor and his
imitators (d), there is no ground of action. All the
Court here looks for is the possibility of confusion in
the mind of the public. The name must not be used in
such a way as to produce the impression of the object
sold under it having issued from the late patentee’s
factory or workshop.

Subject to the above qualifications the patentee’s name
enjoys the protection of the Act of 1824.

As regards the title of “inventor,” to employ this
word is the imprescriptible right of the true inventor,
and the Courts have upheld his claim to the exclusive
use thereof (e).

(db) Cass., January 31, 1860; Cass., March 14, 1881.
(ec) Orleans-Appeal, August 4, 1881.

(d) Seine, November 24, 1865,

(e) Rennes, March 12, 1855.
DESIGNS AND MODELS. 109

DESIGNS AND MODELS AND
NON - INDUSTRIAL DRAWINGS.

 

(LAW OF MARCH 18, 1806.)

ACT For THE EsTABLISHMENT OF A ‘ CONSEIL
DE Prup’HomMEs” at Lyons.

Articles relating to the registration of designs: —
Arr. XIV. The Conseil de Prud’ hommes (a) is in-
trusted with the preservation of the ownership of
designs (0).
(a) Conseils de Prud’hommes are bodies elected partly by The nature
workmen and partly by the masters for the decision of of Conseils
. 3 de Prud’-
disputes between masters and men. Teinien
(b) The laws relating to Designs are in practice held to yy a.j,

apply also to Models. They are registered and protected on treated as
equal terms and in the same manner as the former. designs.

Art. XV. Any manufacturer who wishes to claim Mode of
before the Tribunal of Commerce, the property of cad
a design (a) of his creation, shall deposit at the
Archives of the Conseil de Prud’ hommes a specimen
enclosed in an envelope, sealed and signed, to which
the seal of the Conseil de Prud’hommes shall also be

attached (0).
110

Effect of
registra-
tion.

Record of
deposit.

In case of
disputes
packets to

be opened.

Duration.

Preserva-

DESIGNS AND MODELS,

(a) Registration in virtue of the law of March 18, 1806,
does not create property, but it raises a presumption in favour
of the registering owner which can only be rebutted by
evidence to the contrary. (Rouen Appeal, June 24, 1887.)

(b) This article is construed as rendering it requisite to effect
the registration of the design before placing the goods to
which itis applied on sale. The owner otherwise delivers
over the design to the public and can claim no further pro-
perty in it. (Lyons, June 18, 1885.)

Ant. XVI. The deposit of the designs shall be
recorded in a register kept for the purpose by the
Conseil de Pru@ hommes, which shall deliver a cer-
tificate recording the number of the packet and the
date of the deposit.

Arr. XVII. In case of conflict between two or
more manufacturers in respect of the ownership of
a design, the Conseil de Prud’hommes shall proceed
to the opening of the packets deposited by the
parties and shall supply a certificate indicating the
name of the manufacturer whose registration is
prior in date.

Art. XVIII. On depositing his specimen the
manufacturer shall state if he intends to retain the ex-
clusive ownership for one, three, or five years, or in
perpetuity ; his declaration shall be noted. At the
expiration of the time fixed by the said declaration,
if the ownership is temporary, all packets of speci-
mens left under seal at the Archives of the Conseil
shall be forwarded to the Conservatoire des Arts at
Lyons (a).

(a) This provision has been carried out at Lyons, where

‘
DESIGNS AND MODELS.

there is a vast collection of designs at the present day. Else-
where, and even in Paris, though this Article is specially cited
in the Ordinance of 1825 (q.v., p. 113), it has not been found
practicable.

Art. XIX. On depositing his specimen the manu-
facturer shall pay the district receiver an indemnity
which shall be fixed by the Conseil de Prud’ hommes,
and shall not exceed one franc for each year during
which he retains the exclusive ownership of his
design, and shall amount to ten francs for the per-
petual ownership.

ARTICLES or Prenat Cope RELATING TO THE In-
FRINGEMENT OF Desiens (a) (February 19, 1810).
(a) See note as to Models, p. 109.

Art. CCCCXXV. Every publication of any writ-
ing, musical composition, drawing (dessin), painting,
or any other production, wholly or partly printed or
engraved, in defiance of the laws and regulations
relating to the property of authors, is a piracy, and
every such piracy is a misdemeanor.

Art. CCCCXXVI. The sale of pirated works,
the importing upon French territory of works which,
after having been printed in France, have been
pirated in foreign countries, are likewise misde-
meanors.

Arr. CCCCXXVII. The penalty for such piracy
or importing shall be a fine of not less than 100

111

tion of
designs on
expiry of
registra-
tion.

Piracy.

Sale of
pirated
works.

Penalties.
112

Limitation
of action.

Confisca-
tion of
pirated
publica-
tions,

Damages.

Applica-
tion to
Designs
and
Models.

DESIGNS AND MODELS.

and not exceeding 2,000 francs; and against the
vendor of not less than 25 and not exceeding 500
francs (a).

(a) The offence is barred by limitation after three years

like all other correctional offences. This prescription bars
both civil and criminal proceedings.

The confiscation of the pirated publication shall
be ordered against both the counterfeiter and the
importer, introducer and vendor.

The plates, moulds, dies, tools or machines for
making the counterfeited objects shall also be
confiscated.

Arr. CCCCXXIX. In the cases provided by the
preceding Articles the proceeds of confiscation shall
be paid over to the owner to indemnify him pro tanto
for the damage which he has sustained; the remain-
der of his indemnity, or his entire indemnity if there
has not been a sale of the confiscated objects, shall
be settled in the ordinary way (a).

(a) The penalties above set forth are applicable in case of

infringement of designs and models in extension of the sense
of the word “dessin.” See Art. 425 (supra).
DESIGNS AND MODELS.

ORDINANCE or Aveusr 29, 1825, ReeuLatine
THE Deposir or DEsIGNS GENERALLY (August
29, 1825).

Art. I. The registration of sampies of designs (a)
shall be effected in accordance with Article 15 of
the law of March 18, 1806 (b), at the offices of the
Conseils de Pru@’hommes for manufacturers within
the district of a Conseil de Prud’ hommes; for manu-
facturers beyond the district of a Conseil de Prud’-
hommes they shall be registered at the Commercial
Tribunal, or at a Tribunal of First Instance, in
arrondissements where Civil Tribunals have com-
mercial jurisdiction.

(a) See note as to Models, p. 109.
(b) See p. 109 et seq.

Arr. II. This registration shall take place in the
mode prescribed for that purpose at the offices of
the Conseils de Prud’hommes, in accordance with
Articles 15, 16 and 18, Section 3, Title 2 of the law
of March 18, 1806 (a). It shall be effected without
charge, except the clerk’s fee for delivery of the
certificate of deposit.

(a) See pp. 109, 110.

B.P. I

113

Extensi-n
of law of
1806.
114

Registra-
tion of
designs and
models by
foreigners.

Conseil de
Prud'-
hommes
in Paris,

Special
provisions

DESIGNS AND MODELS.

DECREE revatine "ro THE REGISTRATION OF
Desiaxs axD Mopets rrom COUNTRIES WITH
wuicH DipLoMATic CONVENTIONS HAVE ESTAB-
LIsHED ReEciprocaL GUARANTEES FOR THE
OwneErRsHte or sucH Dersiegxs axp MopELs.
(June 5, 1861) (a).

(a) The preamble to this decree is as follows: “In virtue
of the law of March 18, 1806, Title II., Sect. IIL, respecting
designs; the Decree of June 11, 1809, Art. 59, respecting
Conseils de Prud@hommes; the Royal Ordinances of Dee. 29,
1844, and of June 9, 1847, establishing four Conseils de
Prudhommes in Paris; the Commercial Treaty concluded
January 23, 1860, betyeen France and the United Kingdom
of Great Britain and Ireland, Article 12: Whereas our
Conseil d’ Etat has been heard. Now we decree, Kc.”

Arr. I. The registration of designs and models
from countries where diplomatic conventions have
established reciprocal guarantees for the ownership
of such designs and models shall be effected at the
Secretary’s office of the Paris Conseil de Prud’ hommes
and in accordance with the nature of the manufac-
tures to which they apply (a).

(a) This refers to the fact that there are four divisions of
the Consetl de Pru@hommes in the department of the Seine,
dealing respectively with metals, textiles, chemical products
and miscellaneous industries,

The design must be registered in one or the other of these
divisions.

By a curious oversight the treaties with Italy and Austria
prescribe that registration by Italians and Austrians shall
DESIGNS AND MODELS.

be effected at the Tribunal of Commerce of the Seine.
This may have been due to confusion on the part of the

115

as to
Ttalians

negotiators between the rules applying to designs and to Tian

trade-marks ; but as a fact the treaty is carried out, and adds
further confusion to a somewhat uncontrollable system of
registration. Otherwise designs and models are only regis-
tered at Tribunals of Commerce, where there are no Conseils
de Pru@hommes.

LAW concerninc THE Protection or Desiens,
Erc., at Pusric Exurzpirions. (May 11, 1868.)

(See the terms of this law in the Chapter relating
to Exhibitions, p. 127.)

(LAW OF NOVEMBER 26, 1873.)

ArticLE TX. or THe Law INSTITUTING A STAMP
FoR TrapeE-Marks oN THE RIGHTS oF
FOREIGNERS IN REGARD TO DEsIGns.

Art. IX. The provisions of other laws in force
relating to... . desigus and models shall be ap-
plicable in favour of foreigners, if the laws of their
country or international treaties insure the same
protection to Frenchmen (a).

(a) There was a difference of opinion as to whether the regis-
12

Rights of
foreigners
generally.
116

Treaty
rights of
British
subjects.

Assign
ments.

DESIGNS AND MODELS.

tration (deposit) of a design or model is effective for protec-
tion where the depositor has never manufactured in France.

The current of decisions was rather to make protection subject
to the condition of the design or model applying to goods
manufactured in France, on the ground that the law of 1806
and the ordinance of 1825 were intended to protect national
industry.

The above article of the law of November 26, 1873, however,
provides that the benefits of all laws in force on the subject of
designs and models shall be granted to foreigners, “if in their
country the laws or international treaties ensure the same
protection to Frenchmen,” and the rights of British subjects
are placed beyond doubt on this point by two international
conventions.

The one is Art. 10 of the Treaty of Commerce and Navi-
gation of February 28, 1882, which provides that the sub-
jects of each of the two contracting parties “shall, in the
dominions of the other enjoy the same protection and be
subject to the same conditions as native subjects in regard to
the rights of property . . . in patterns and designs for manu-
facture.” See p. 134.

This has been confirmed by Art. 2 of the Convention of
1883 for the Protection of Industrial Property, which has
furthermore granted a priority of registration of three months,
with an additional month for countries beyond seas to any
person who has duly applied for the registration of a design
or model in one of the contracting States (Art. 4). Con-
sequently subsequent registration in any of the States of the
Union before expiry of the above period is not invalidated by
any act accomplished in the interval either, for instance, by
another registration or by the sale of copies of the design or
model (Art. 4). See pp. 136, 138.

ASSIGNMENTS,

The property of a design or model is assignable in the
same manner as any other species of property, and
without any formality whatsoever.
NON-INDUSTRIAL DRAWINGS, ETC.

Transfers of the property in designs or of the certificat
of registration cannot be registered.

Non-InpustriaL Drawines, DEsians oF PROSPECTUSES,
ORNAMENTAL Heapines, &c.

Artistic drawings, and such as do not-fall within the
scope of what are known as industrial designs («) are
protected by registration at the Ministry of the Interior
under Article 1 of the law of March 18, 1793, which is
as follows :—

“ Authors of writings of all kinds, composers of music,
painters and designers, who shall engrave pictures (0), or
drawings, or designs, shall enjoy during their whole life
the exclusive right of selling, causing to be sold, dis-
tributing their works in the territory of the Republic,
and of assigning the property thereof in whole or in
part.”

Thus, ornamental headings, special forms of prospec-
tuses, and any drawing of an artistic or non-industrial
character, may be registered at the Ministry of the
Interior to fix the date from which the property therein is
claimed in an authentic manner. (See, on this registra-
tion, Seine, Corr. Trib., April 1, 1882.) (c).

(a) The French word dessin includes both design and
drawing. Hence a difficulty of distinction which does not
arise in English law.

(6) An important question has arisen in connection with
pictures of the Eiffel tower in the course of printing. Sce
Appendix, p. 211.

(c) The articles of the Penal Code protecting designs and
models protect these @ fortiori. See p. 111.

Non-
industrial
drawings.

Copyright.

Where

registered.

Fiffel
tower.
118

Nature of
rights.

Text of law
thereon,

FRAUDULENT COMPETITION.

FRAUDULENT COMPETITION.

(Fancy Names, Wrappers, Lapeis, BorrLes, CoLours,
Prosprctuses, Famity Names, Initrats, Un-
REGISTERED TRADE-Marks.)

—eo—

Patents, Trade-marks and Trade-names, we have seen,
enjoy the special protection of correctional penalties
imposed on infringers. We have now to deal with
another class of rights protected by virtue of the general
principles of the law only. These give the plaintiff no
right to obtain evidence by seizure of the offender’s goods,
as in the case of patents and trade-marks, or to take any
proceedings of a correctional character. He can assert
the right every man possesses in what is the outcome of
his own industry or imagination, but no more.

To this class of property belong the form given to the :
article ; the form, colour, or appearance of the box,
bottle, or wrapper containing it; the advertisements,
circulars, and prospectus issued; the manufacturer’s
initials ; the fancy name of the article sold, &c.

Torts arising out of the infringement of such rights
are amenable to justice under Article 1382 of the Civil
Code, which is as follows :—

‘ Any act whatsoever of a man causing damage
to others renders him by whose fault it has occurred
liable to repair it.”
FRAUDULENT COMPETITION.

This article of the Civil Code covers a large number of
cases beyond the above-mentioned varieties, and in fact
applies wherever any deliberate damage whatsoever is done
in the course of trade competition not otherwise specially
provided for.

Actions for fraudulent competition including actions
on unregistered marks are within the ordinary jurisdiction
applicable to cases relating to trade or to traders, viz. :
that of the Tribunal of Commerce.

Fancy Names.

The French Courts are very severe in their protection
of such names, the imitation of which is one of the most
frequent causes of action against dishonest tradesmen.
The circumstances of each case naturally determine the
decision more than the actual fact of resemblance, which
might be casual or not productive of any real injury.

Thus, an Insurance Company, called the /rance, has
been held to have a ground of action to prevent another
Insurance Company from carrying on business under the
style of the France Mutuelle. (Seine Trib. of Com.,
Feb. 3, 1853.) Thus, also, a retail house called the
Phénix has been held to have a right to the suppression
of the use by a rival house of the words ‘‘ The Phenix
Cravate” in English. (Seine Trib. of Com., Oct. 29,
1863.)

It has also been held that an English Insurance Com-
pany, bearing the same name as a French Company,
though founded before the latter out of France, can be
prevented from starting a branch in France under the
same name though in English. (Trib. of Com., Sept. 1,
1854.)

119

Jurisdic-
tion.

Fancy
names.
120

Wrappers,
labels,
bottles,
colours, &c.

Form of
goods,

Vamily
names.

FRAUDULENT COMPETITION.

Wrappers, LaBets, Borrius, CoLours, &c.

The French Courts are equally severe in their treatment
of the fraudulent imitation of these. They proceed on
the principle that forms and combinations of colour are
endless, and ‘that an honest trader will strive to give his
products a distinctive appearance and not wittingly
choose forms or colours apt to produce confusion between
his wares and those of rivals. That the general aspect
is calculated to mislead is a sufficient ground of action.
Thus it has been held that where the wrapper was yellow,
the prospectus red with ornamentation, and the band
green, to imitate this distribution of colours and the
general effect, was fraudulent competition. (Lyons,
Jan. 16, 1852.) There has been a similar decision as
regards the general appearance of a label. (Paris,
Dec. 10, 1856.)

As regards the form of bottles it has been held that
similarity of form alone is not a sufficient ground of
action where the labels are quite different. (Seine Trib.
of Com., May 4, 1867.)

Form orf THE PRODUCT.

The product may have a special form associated with
it in the public mind. Imitation in such a case would
be fraudulent, but the Courts are not zealous in their
protection of such forms, and a difference of labels is in
general held to be a sufficient distinction.

Famity Names.

A number of cases have been tried before the French
Courts relating to similar family names. Here the
essential question is, of course, the intention of the
FRAUDULENT COMPETITION.

defendant, and where the fraudulent intent does not
exist, the person whose user is later in date is generally
willing to take any reasonable precautions to prevent
misunderstanding, for instance by adding a Christian
name, specifying the date of the foundation of the house
or otherwise, and this the Courts seem to think sufficient.
(Bordeaux, Aug. 16, 1865.)

INITIALS.

It has been geen that initials can be registered as
trade-marks (see p. 73). It has been maintained by
some authors that they are entitled to protection under
the law of 1824 on merchandize marks (see p. 97),
without registration, the initials being the mere abridg-
ment of a name. In practice, however, protection against
infringement is usually applied for in the Commercial
Courts on the ground of fraudulent competition only.
When the initials have been registered as a trade-mark,
the owner of course has his remedy under the law of
1857 in the Correctional Court.

UNREGISTERED TRADE Marks AND REPRODUCTION IN
PROSPECTUSES.

In a previous chapter it has been seen that the registra-
tion of a mark is not creative but declaratory of property.
It is evidence of a claim having been made to it at a date
as to which there can be no question, but does not
originate that claim. The right of action for infringe-
ment exists independently of registration under Article
1382 above cited. Moreover, varieties of infringement
which have been held to elude the application of the
Trade Marks and Trade Names and Merchandise Marks
Acts, can be the subject-matter of an action under this

Initials.

Unregis-
tered trade
marks,

Reproduc-
tion in
pros-
pectuses.
122

Use under
Act of
1857 dis-
tinguished.

FRAUDULENT COMPETITION.

Article. Such is infringement, not by affixing the mark
or name or its imitation to wares, which some authorities
hold to be alone punishable under the Acts of 1857 and
1824, but by using it in prospectuses, circulars, invoices,
letter-headings, or in any other way calculated to deceive
a purchaser as to the factory or firm from which the
article has issued (a).

(a) The Act of 1857, under Art. 8, provides for the punish-
ment of those who shall make use of a fraudulent imitation of
a mark. It affects, “1°, Ceux qui, sans contrefaire une marque,
en ont fait une imitation frauduleuse de nature a tromper
Vacheteur ou ont fait usage dune marque frauduleusement
imitée” ; and “2°, Ceux qui ont fait usage d’une marque por-
tant des indications propres 4 tromper l’acheteur sur Ja nature
du produit.” To print the imitation on prospectuses is unques-
tionably, in the ordinary sense of words, to make use of it.
The Court held in the Hayem Case (Cass., May 5, 1882),
where the agent of a foreign house exhibited card-boxes on
which the mark of Hayem was imitated, that the exhibition
in France of such an imitation, though no goods were actually
sold in France, fell within the application of the Trade Marks
Act, 1857, thus severing the protection of the mark from the
actual affixing of it to merchandise to some extent.

The doubt existing on the subject has arisen from the fact
that the word “use” in the Act of 1857 seems not to have
been employed with the full ordinary meaning, but in the sense
of using a fraudulently imitated mark as distinguished from
actually executing the imitation.
EXHIBITION REWARDS AND MEDALS.

EXHIBITION REWARDS AND MEDALS,
AND DISTINCTIONS CONFERRED

BY SCIENTIFIC BODIES

 

(LAW OF APRIL 30, 1886).

Law RELATING TO THE Usurpation or INDUSTRIAL
MeEpa.s 4xp Rewarps (a).

(a) This being a penal statute, the action is brought by the
Public Procurator in the Correctional Tribunal.

Art. I. § 1.—The use of medals, diplomas,
mentions, rewards or honorary distinctions of what-
soever kind, awarded at Exhibitions or competitions
either in France or abroad is not permitted except
by those who shall have personally obtained them,
or by the house of business in favour of which the
award shall have been made.

§ 2.—Persons making use thereof shall give the
date and description thereof, the Exhibition or com-
petition where, and the articles for which they
were obtained (a).

(a) To mention on an invoice two medals with only these
words : “ Paris 1878—79,” and in an advertisement a medal
without indication of the nature of the reward, is an offence

within the application of this Article. (Paris Appeal, Jan. 25,
1888.) See Art. 4, below.

Jurisdic-
tion.

Restric-
tions on
use of
Exhibition
rewards.

Date.

Insufficient
descrip-
tion.
124 EXHIBITION REWARDS AND MEDALS,

Penalties. Art. IIJ.—Fines varying from 50 to 6,000 frances
shall be levied, and imprisonment of three months
to two years shall be inflicted (or one or other of
above penalties) on —

(1) Those who without right and fraudulently
shall have publicly assumed rewards or distinctions

‘ mentioned in the preceding Article ;

(2) Those who in like manner shall have applied
them to articles other than those for which they
were obtained, or who shall have assumed imaginary
rewards (a) ;

(3) Those who have falsely published such rewards
on their signboards, advertisements, prospectuses,
invoices, letters, or other commercial papers ;

(4) Those who have made undue use thereof with
juries of Exhibitions or competitions.

Medals to (a) The fact of placing in a case a picture containing the

be used in facsimiles of several rewards, most of which had not been

connection granted for the commodity in question, has been held to fall

with

articles within the application of this Article.

for which The defendant exhibited at the Havre Exhibition a case

pone containing under the name of the article exhibited the fac-

oy similes of seven medals and awards, of which only two had

been given in connection with the article they were represented
as applying to. It was decided that a person who has
obtained a medal for one cannot exhibit it in connection with
another product, though of his own manufacture, and that
any manufacturer of similar wares has a right of action in
virtue of this law. (Havre Corr. Trib. July 28, 1887.)

Distinctions ART. I[I.—The same penalties shall be inflicted
anal on those who without right and fraudulently shall

societies. have made public use of rewards, distinctions, or
EXHIBITION REWARDS AND MEDALS.

approbations granted by learned bodies or scientific
societies.

Arr. IV.—The omission of the indications ‘set
forth in the second paragraph of the first Article
hereof shall be punished by a fine varying from 25
to 8,000 francs. ,

Art. V.—The Tribunals may order the destruc-
tion or confiscation in favour of the parties suffering
damage thereby, of the articles to which false indi-
cations shall have been applied. They may order
the publication and advertisement of their judg-
ments.

Art. VI.—Article 463 of the Penal Code (a) is
applicable to the offences provided for and punished
by the present law.

(a) This article provides for certain diminutions of penalties
in case of extenuating circumstances.

Art. VII.—The application of the present law
extends to Algeria and the Colonies.

125

Special
penalty.

Confisca-
tion.
126

Law pricr
to 1868,

PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS,

PROTECTION OF INVENTIONS, DE-
SIGNS, MODELS, AND TRADE-
MARKS AT PUBLIC EXHIBITIONS.

—>—

(LAW OF MAY 23, 1868).

ACT RELATING TO THE PRESERVATION OF PATENT-
ABLE INVENTIONS AND Drsians ADMITTED TO
Exnipirions AUTHORISED BY THE PUBLIC
ADMINISTRATION (a).

(a) This Act extends the provisions of the Act of May 31
1856, and generalises the rights of exhibitors at official
Exhibitions.

The Law of May 31, 1856, replacing Art. 32 of the Patents
Law of July 5, 1844, provides as follows :—

* § 1,—Shall forfeit all his rights :

(a). The patentee who has not paid his yearly instalment
before the beginning of each year of the Term of his
Patent ; :

(b). The patentee who has not worked his discovery or
invention in France within two years from the date
of the signature of the Patent, or who has ceased to
work it for two consecutive years, unless in either
case he can show good cause for not so working it ;

(c). The patentee who imports into France articles miade
abroad similar to those protected by his Patent.

“§ 2.—Nevertheless,the Minister of Commerce, Agriculture,
PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS.

and Public Works may authorise the introduction: 1, of
models of machines ; 2, of articles made abroad intended for
public exhibitions, or for experiments made with government
assent.”

Inventors, before the new Act, who had not been able to
obtain a patent were prevented from taking part in Exhibi-
tions, except by special ministerial authorization.

As regards trade-marks no provisional registration, it will
be remembered, is necessary as in the case of patents, priority
of user and not of registration being the test of property therein,
(See pp. 7 and 74.)

Art. I, Any Frenchman or foreigner who shall
have made a discovery or invention capable of being
patented under the Act of July 5, 1844, or a design
which should be registered in accordance with the
Act of March 18, 1806, or those entitled under
him, may, if it has been admitted to an Exhibition
authorised by the public authority, obtain from the
Prefect or Sub-prefect in the department or arron-
dissement in which the said Exhibition is held, a
certificate describing the object registered.

Arr. II. This certificate shall give to the
holder the same rights as would be conferred by
letters-patent (a), or the legal registration of a
design from the date of admission to the end of the
third month after the close of the Exhibition, and
shall not prejudice the patent or registration he
may effect before the expiry of this time (0).

(a) He can, therefore, pursue infringers as upon letters
patent.

(b) The applicant thus provisionally protected loses the
benefit of the protection, if he does not strictly comply with

127

Trade-
marks,

Provisional
certificates.

Rights
thereby
conferred.
Limit of
time for
applica-
tion

Inspection
of pro-
visional

certificates.

Specifica-
tion.

All docu-
ments to
be signed

PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS,

the stipulations of the present Jaw, public exhibition of any
kind otherwise than under it being a circumstance which
would essentially deprive the invention of the novelty without
which no patent is valid by French law. (Paris, April 27,
1861.) Sce Art. 31 of the Law of 1844, p. 53.

Art. III. The application for this certificate
shall be made within the first month, at latest, after
the opening of the Exhibition (a). It shall be
addressed to the Prefecture or Sub-prefecture, and
be accompanied by an exact description of the
object to be guaranteed (J), and, if necessary, by a
plan or drawing of the said object (c).

‘The applications, as well as the decisions taken
by the Prefect or Sub-prefect are inscribed on a
special register (d), which is afterwards (¢) trans-
mitted to the Ministry of Agriculture, Commerce
and Public Works, arid is open to public inspection

free of charge.
The delivery of the certificate is gratuitous.

(a) A certificate applied for after expiry of the first month
after the opening would not be granted. It would not be
granted at the applicant’s risk.

(b) The description (specification) must be sufficient, and in
judging whether it is so the applicant must be guided by his
own experience and sense, the authorities being bound to
register whatever is presented to them for registration, pro-
vided the conditions of form are fulfilled, without reference
to merits.

(c) All documents handed in must be signed either by the
exhibitor or by his legally authorised representative. Proof,
moreover, must be tendered that the object for the protection
of which application is made has been admitted to the Exhibi-’

“a
PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS,

tion and the precise date of its admission given, the guarantee
running from this date. (See Art. 2, supra).

(d) Certificates of guarantee are entered on a counterfoil
register, an extract of which is handed to the exhibitor.

(e) That is, on the closing of the Exhibition.

LAW (a) mopiryine THOSE or Juty 5, 1844, RELA-
TING TO Parents FoR INVENTIONS, AND OF
JunE 28, 1857, on Trapn-marxs (b) FOR
OBJECTS ADMITTED TO THE UNIVERSAL Ex-
HIBITION OF 1889. (October 30, 1888.)

(a) Independently of the above law of 1868, parliament has
from time to time passed enactments of a temporary character,
suspending the operation of causes of forfeiture under Art. 32
of the law of July 5, 1844 (4.2, Act of May 31, 1856), The
present is a similar measure adopted with reference to the
Exhibition of 1889.

(6) This description of the Act is incomplete, as it deals also
with designs and models. (See Art. 4 below.)

Art. I.—Any patentee in France or those en-
titled under him may without incurring forfeiture
of his patent introduce into France objects, manu-
factured abroad and similar to those guaranteed
by his patent, which he shall have been allowed
to exhibit at the Universal Exhibition of 1889.

Arr. II.—Forfeiture of the patent shall be in-
curred if these objects are not re-exported within
three months commencing from the date of the
official closing of the Exhibition (a).

(a) This article does not apply to the introduction of objects

B.P. K

129:

Temporary
Acts.

Designs.

Concurrent
effect of
130

Industrial

Property

Conven-
.tion.

Exhibits
reckoned as
working of
Patent.

Restric-
tions on
seizures.

PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS.

manufactured in any of the States of the International Union
for the protection of industrial property, Art. 5 of the Con-
vention having authorized the entry of such objects without
restriction, provided the patentee at the same time work
(eeploiter) his patent in conformity with the laws of the country
into which he introduces the patented objects (see p. 139).

Art. III.—The owner of a French patent who
shall have exhibited at the Universal Exhibition
of 1889 an object similar to one guaranteed by his
patent, shall be considered as having worked his
discovery or invention in France from the date
of the official opening of the Exhibition.

The forfeiture provided in Art. 32, § 2, of the
law of July 5, 1844, will be suspended, and the
period in question shall run afresh from the date of
the official closing of the Exhibition.

Art. IV.—Objects exhibited at the Exhibition of
1889, and for which a patent shall have been taken
out in France or a design or model registered in
accordance with the law of March 18, 1806, or
bearing a trade-mark registered in France in accord-
ance with the Law of June 23, 1857, and which
are alleged to be counterfeit, shall be subject to
seizure by description only, within the Exhibition
grounds and buildings (intérieur de ’ Exposition).

Objects exhibited by foreigners cannot be seized,
either within or outside the Exhibition, if the per-
son who levies the seizure does not enjoy protection
in the country to which the person owning the —
seized objects belongs. Nevertheless, these objects
PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS.

cannot be sold in France, and must be re-exported
within the time fixed by Art. 2.

INTERNATIONAL CONVENTION oF 1883 FoR THE
Protection oF InpustriaL PROPERTY.

Arr. XI.—The high contracting parties agree to
grant temporary protection to patentable inventions,
to industrial designs or models and trade-marks, for
articles exhibited at official or officially recognised
International Exhibitions (a).

(a) Pursuant to this provision, and in accordance with sections
39 and 57 of the Patents, Designs and Trade Marks Act, 1883
and with section 3 of the Patents Act, 1886, the following
Order in Council has been adopted with reference to the forth-
coming Paris International Exhibition :—

AT THE COURT AT WINDSOR.
The 17th day of November, 1888.

Present:—Tae QueEN’s Most ExceLLent Maszsty in
Councit.

Whereas, The Patents, Designs, and Trade Marks Act, 1883,
amongst other things, provides, by section 39, that the exhibi-
tion of an invention at an industrial or international exhibition,
certified as such by the Board of Trade, or the publication of
any description of the invention during the period of the hold-
ing of the exhibition, or the use of the invention for the pur-
pose of the exhibition in the place where the exhibition is held,
or the use of the invention during the period of the holding of
the exhibition by any person elsewhere, without the privity or

K2

131

Inter-
national
Conven-
tion.

British
Order in
Council as
to Paris
Exhibition,
1889.

Preserva-
tion of
novelty of
inventions
exhibited.
132

Notice to
Comp-
troller.

Limit of
time,

Preserva-
tion of
novelty of
designs
exhibited.

Notice to

the Comp-

troller.

Limit of
time.

PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS.

consent of the inventor, shall not prejudice the right of the
inventor or his legal personal representative to apply for and
obtain provisional protection and a patent in respect of the
invention, or the validity of any patent granted on the appli-
cation, provided that both the following conditions are com-
plied with, namely :—

(a.) The exhibitor must, before exhibiting the invention,
give the Comptroller the prescribed notice of his
intention to do so; and

(b.) The application for a patent must be made before or
within six months from the date of the opening of
the exhibition.

And whereas the said Act further provides, by section 57,
that the exhibition at an industrial or international exhibition,
certified as such by the Board of Trade, or the exhibition else-
where during the period of the holding of the exhibition,
without the privity or consent of the proprietor, of a design,
or of any article to which a design is applied, or the publica-
tion, during the holding of any such exhibition, of a descrip-
tion of a design, shall not prevent the design from being
registered, or invalidate the registration thereof, provided that
both the following conditions are complied with, namely :—

(a.) The exhibitor must, before exhibiting the design or
article, or publishing a description of the design, give
the Comptroller the prescribed notice of his intention
to do so ; and

(b.) The application for registration must be made before
or within six months from the date of the opening of
the exhibition.

And whereas Her Majesty, by virtue of the authority com-
mitted to Her by the provisions of “The Patents Act, 1886,”
is empowered by Order in Council from time to time to declare
that the provisions of the said Act of 1883 above recited shall
apply to any exhibition mentioned in the Order in like manner
as if it were an industrial or international exhibition: certified
by the Board of Trade, and to provide that the exhibitor shall
be relieved from the conditions specified in the said herein-
before recited sections of the said Act of 1883 :
PROTECTION OF INVENTIONS, ETC., AT EXHIBITIONS,

Now therefore Her Majesty, by and with the advice of Her
Privy Council, and by virtue of the authority committed to
Her by the said Act of 1886, doth declare and it is hereby
declared that the provisions of the foregoing sections of the
said Act of 1883 shall apply to the Paris Universal Exhibition
to be held at Paris in the year 1889; and further, that the
exhibitor of an invention, a design, or any article to which a
design is applied, shall be relieved from the conditions specified
in the said hereinbefore-recited sections of the said Act of
1883 of giving notice as therein required of his intention to
exhibit such invention, design, or article to which a design is
applied.

C. L. PEEL.

133

Relief from
foregoing
in case of
Paris
Exhibition,
1889,
134

Mode of
giving
effect to
treaties in
France.

Art, 10 of
Anglo-
French
Treaty of
1882,

TREATY ARRANGEMENTS.

TREATY ARRANGEMENTS BETWEEN
ENGLAND AND FRANCE,

INCLUDING THE INDUSTRIAL PROPERTY
CONVENTION (a).

—_+—

(a) The French system of giving effect to a treaty on
French territory is to submit it to Parliament with an
explanatory report for authorization to the President of the
Republic to ratify. On ratification and promulgation, the
Treaty becomes a portion of the law of the land. Being sub-
sequent in date to previous enactments, they yield to it. Of
course unilateral enactments of later date cannot modify it
so long as it remains in force.

AnGLo-FrRencH TRADE AND NavicaTIoN TREATY
(Concluded Feb. 28, 1882, Promulgated in
France, May 13, 1882.) Arr. X.

“Les ressortissants de
chacune des hautes par-

The subjects of each
of the two high contract-

ing parties shall, in the
dominions of the other
enjoy the same protec-
tion and be subject to
the: same conditions as
native subjects in regard

ties contractantes jouir-
ont dans les états de
l'autre de la méme pro-
tection et seront assu-
jettis aux mémes obliga-
tions que tous les na-
TRADE AND NAVIGATION TREATY.

to the rights of property
in trade-marks, names
of firms, and other dis-
tinctive marks showing

tionaux pour tout ce qui
concerne la propriété, soit
des marques de fabrique
et de commerce, des

the origin or quality of noms commerciaux ou
goods, as well as in
patterns and designs for

manufacture.”

d’autres marques parti-
culiéres indiquant J’ori-
gine ou la qualité des
marchandises, soit des
modéles et dessins in-
dustriels”’ (a).

(a) This Article was designed to extend the protection
enjoyed under Art. 12 of the Anglo-French Commercial
Treaty of 1860, Its importance has been pointed out in
treating of merchandise marks (see p. 104), and its application
and effect have been mentioned in connection with the different
matters to which it relates. The author drew public attention
to it in a report on the “ Sheffield” question which was pub-
lished by the British Chamber of Commerce in Paris, M.
Ferry, in his now famous letter on this subject of January 8,
1885, overlooked it as he did Art. 9 of the law of 1873, and
those whom it concerns can now hardly believe that pro-
visions of law have long been in force which give them the
protection the absence of which they have been on such good
authority lamenting for years.

The Treaty of Feb. 28, 1882, was signed in French and
English. The English version is, therefore, an original.

135

Trade
Marks.

Merchan-
dise Marks.

Designs
and
Models.

Object of
above
article.

Effect of
English
text.
136

English
text a
transla-
tion.

States
forming
Union.

General
spirit of
conven-
tion.

TREATY ARRANGEMENTS.

Tue INTERNATIONAL CONVENTION FOR THE Pro-
TECTION oF InpusTRIAL Property. (Con-
cluded March 20, 1888; Promulgated in
France, July 6—8, 1884) (a).

(a) The Convention was signed in French only. The
English text is, therefore, a translation and not an original.

Arr. I. The Governments of Belgium, Brazil,
Spain, France, Guatemala, Italy, Holland, Portugal,
Salvador, Servia and Switzerland constitute them-
selves into a Union for the protection of industrial

property (a).

(a) Since March 20, 1883, when this Convention was con-
cluded, Great Britain, Sweden and Norway, the United States
and Tunis, have acceded to its terms and joined the Union.
On the other hand Salvador has withdrawn from it, as well
as Turkey, St. Domingo, and Ecuador, which had joined it for
ashort time. See p. 201.

Art. II. The subjects or citizens of each of the
contracting States shall, in all the other States of the
Union, as regards patents, designs or models, trade-
marks, and trade names(a), enjoy the advantages
that their respective laws now grant, or shall here-
after grant, to their own subjects or citizens.

Consequently, they shall have the same protec-
tion as the latter, and the same legal remedy against
any infringement of their rights, provided they
observe the formalities and conditions imposed on
INDUSTRIAL PROPERTY CONVENTION.

subjects or citizens by the internal legislation of
each State (b).

(a) The term “ trade names,” as has been seen elsewhere, is
in general expressed in English by the term “ merchandise
marks.” (See p. 98.)

The provisions of this Article are of course subject to the
qualifications made in the Articles to follow. Thus French
law protects the names of French localities without more,
whereas a false indication of place of origin calls the Conven-
tion into operation only when associated with a fictitious trade
name. See Art. 10.

(6) This Article, moreover, is subject to the qualification of
§ 3 of the Protocol, which excepts matters of procedure from
its operation. Thus it has been held by the French Courts
that a foreigner in virtue of it continues liable to deposit
security under Article 16 of the Civil Code and Article 166 of
the Code of Civil Procedure. (Seine, Feb. 4, 1888. Sce
also Belgian Court of Cassation, April 5, 1888, in the same
sense.) Compare p. 51.

Arr. III. Subjects or citizens of States not
forming part of the Union, who are domiciled or
have industrial or commercial establishments on the
territory of any of the States of the Union, shall
be assimilated to the subjects or citizens of the
contracting States (a).

(a) Thus subjects of Germany, which does not form part of
the Union, domiciled or having industrial or commercial
establishments in England, or in any other State of the Union,
are assimilated to English subjects, and enjoy the rights of
such subjects in the other States of the Union. What con-
stitutes a commercial establishment is a matter of fact for the
Court to decide. No decision has yet settled the meaning of
this Article ; but it will probably be held to apply only to
articles manufactured in and coming from a State forming

137

Sense of
phrase
“ trade-
name.”

Convention
makes no
change as
to security
for costs.

Foreigners.
settled in
a country
assimilated
to native
subjects.

Goods

from a
contracting
State
138

manufac-
tured in a
non-con-
tracting
State.

Criterion
of pro-
tection.

Prior right
of registra-
tion.

Limits of
time.

TREATY ARRANGEMENTS.

part of the Union. Any other construction would be contrary
to the spirit of the Convention, which is not to supply a
means of enjoying its benefits without joining it. The
Article was adopted to make domicile and practical establish-
ment, and not political nationality, the criterion of the rights
enjoyed by those under the protection of the contracting
States. (Minutes, 1880, p. 129 et seg.) It is a palliative to
Art. 4, which, in the original draft, seemed to exclude sub-
jects of States not forming part of the Union without
distinction,
Compare sects. 5 & 6 of the Act of 1857, supra.

Art. IV. Any person who has duly applied for
letters-patent, or for registration of a design, model,
or trade-mark in one of the contracting States,
shall enjoy, as regards registration in the other
States, and reserving the rights of third persons,
a right of priority during the periods hereinafter
stated (a).

Consequently, subsequent registration in any of
the other States of the Union before expiry of these
periods shall not be invalidated through any acts
accomplished in the interval, either, for instance,
by another registration, by publication of the inven-
tion, or by the working of it by a third person, by
the sale of copies of the design or model, or by use
of the trade-mark.

The above-mentioned terms of priority shall be
six months for patents, and three months for
designs, models, and trade-marks. A month longer
is allowed for countries beyond sea (b).

(a) The official English version “applied for a patent,
INDUSTRIAL PROPERTY CONVENTION,

industrial design, or model, or trade-mark,” &c., is not quite
correct, though the meaning is perfectly clear. The French
original would read extended: dépdt d’une demande de
brevet d’invention, dépdt d’un dessin, &c. In French a
patent is demandé and a model, design, or trade-mark déposé,
as has been seen in the foregoing.

(6) Article 4, as the Convention’ stands, is the chief Article
in it, and it confers on subjects of the contracting States a
substantial benefit.

The dangers to which patentees and inventors were exposed
in regard to registration abroad are familiar. A dishonest
agent, or a third person who obtained early knowledge of a
patent, could anticipate the original patentee, who, when he
applied for registration, found he was already supplanted.
Subjects of the contracting powers now have a prior right of
registration during six months for patents and three months
for drawings, models and trade-marks.

The English Act of 1883 contains a section which was
incorporated in the Bill in anticipation of England’s joining
the Union (sec. 103). Other provisions of the Convention,
however, have been inadequately provided for by the Act of
1883.

Arr. V. The introduction by the patentee into
the country where the patent has been granted of
articles manufactured in any of the States of the
Union shall not entail forfeiture of the patent
(déchéance) (a).

Nevertheless, the patentee shall remain bound to
work (exploiter) his patent in conformity with the
laws of the country into which he introduces
the patented articles (ou wi introduit les objets
brévetés) (b).

(a) ‘The French original stops, like the English official trans-
lation, at the word “forfeiture.” This word, however, might

139

Effect of
Article 4.

Insuffi-
ciency of
English
Act.

Importa-
tion of
articles
similar to
those
patented
permitted

but with a
restriction.

Official
translation
corrected.
140

Original
article.

Object
thereof.

Opinions
expressed
at Con-
ference of
1880.

TREATY ARRANGEMENTS.

imply forfeiture of the “articles” mentioned, whereas the
sense of the word déchéance confines its application to the
patent.

(b) This Article was introduced in a very different form
from that in which it now figures in the Convention. Its.
original wording, as submitted by the French delegates at the
Conference of 1880, was as follows :—

“Le propriétaire d'un brevet d’invention aura la faculté
@introduire dans le pays ot le brevet lui aura été délivré des.
objets fabriqués dans l'un ou J’autre des pays contractants,.
sans que cette introduction puisse étre une cause de déchéance-
du brevet.”

It thus consisted of the first paragraph of the Article only.

The object of the proposed Article was to remove a pro--
hibition existing in France and some other countries which
prevents a foreigner who has taken out a patent in these-
countries from introducing into them wares manufactured
under the same patent in his own country. This article, with
its original liberal character, gave rise to more discussion at.
the Conference of 1880 than any other.

The following summary of the opinions expressed at the
Conference on the original draft Article, of which that
first paragraph of Art. 5 is merely a slightly amended repeti-
tion, will show how it was understood by the delegates, and
the motives which occasioned the addition of the second
paragraph :—

M. Bozérian (France), who presided in 1880, denounced the
present French system of obliging the patentee to manufacture
in the country “as barbarous and perfectly useless.” (Minutes,
1880, p. 57.)

M. Indelli, the Italian delegate, who accepted the paragraph,
stated that the law of Italy required the patentee to manu-
facture his patent in Italy.

M. Lagerheim, the Swedish delegate, stated that it was the
game in Sweden. (Minutes, 1880, pp. 56 and 57.)

M. Weibel, the Swiss delegate, said that if the article was
to be understood in the sense that any patentee could work
his patent in one of the States of the Union, and confine him-
INDUSTRIAL PROPERTY CONVENTION.

‘self simply to importing into the other States where the patent
had been taken out, without obligation to manufacture there
the said patent, Switzerland, so long as the neighbouring
States remained protectionist and she herself practically did
not protect her manufactures, could not accept it. If this
article were adopted, Switzerland would open her frontiers to
the free importation of patented goods made abroad, whereas
her neighbours, in spite of the liberal wording of the article,
would continue to protect themselves by their customs’ duties
against the introduction of these patented goods, which would
therefore cease to be manufactured in Switzerland.

The second paragraph was then proposed to meet the wishes
of Switzerland.

M. Weerz, the Austrian delegate, remarked on the Article as
now amended, and as it stands in the Convention, that the
first paragraph permitted the introduction of patented articles
made abroad, and the second paragraph required that the
invention should be worked in the country. To him, the
Article appeared perfect. As it stood, it was in harmony with
the law of Austria.

M. Bozérian did not see how one could reconcile the two
clauses, for if the manufacture was to be exclusive, there
could be no right of introduction.

M. Demeur (Belgium) thought that the obligation to manu-
facture in the country, considering that their object was to
form a Union, amounted to undoing their own work, and
that it was harmful to the interests of all. In the case, say,
of a Union composed of fifteen or twenty States, the
patentee would have to start a manufactory in each of them,
if he wished to safeguard his rights. This was unreasonable,
for if the patentee need not have more than one manufactory
he could manifestly sell his goods much cheaper.

The Swiss delegate, however, insisted on the addition, and
was therein supported by the Hungarian representative, who
said it was an axiom that a country grants a patent in order
that the object of it may be worked in the country, andthat
it has no power to grant a privilege for any other country.

The Article, as amended, was eventually adopted.

141
142

Explana-
tory letter
of Minister
of Com-
merce to
British
Chamber of
Commerce
in Paris.

TREATY ARRANGEMENTS.

As the patentee must work his patent according to the laws
of the country into which he introduces the patented articles,
the patentee continues to be bound to manufacture in any
country, such as France, in which so to manufacture is a
condition of the grant of the patent. (See Art. 32 of the Law
of 1844, p. 54.)

As the greater contains the less, of course the importation
of a model without ministerial permission no longer entails
forfeiture. (See Art. 32 of the Law of 1844, p. 55.)

In reply to an inquiry on behalf of the British Chamber of
Commerce in Paris as to the administrative construction of
Art. 5, the French Minister of Commerce wrote on July 3, 1883,
as follows :—

“You have consulted me on behalf of the British Chamber
of Commerce, as to the meaning of Article 5 of the Convention
concluded March 20, 1883, between France and a certain
number of other countries for the protection of industrial
property. ,

“You express the desire to know : First, whether, after the
ratification of the Convention, a patentee will be able to
import into the territory of the Republic, without forfeiting
his rights thereby, objects made abroad similar to those pro-
tected under the French patent : Secondly, whether, in case
this be not allowed, he would be permitted to introduce a
model of a machine into France without ministerial per-
inission.

“T have the honour to inform you that, dating from the
exchange of ratifications, Article 32, § 3 of the French law
of July 5, 1844, will no longer apply to the subjects of the
contracting States ; the importation into France by a subject
of one of these States of objects similar to those protected
under the French patent, and manufactured in any one of the
countries of the Union will not entail forfeiture of the patent,

“No ministerial permission will be required for such
introduction.

“ But conformably to the stipulation set forth in the second
paragraph of Article 5 of the Convention, the patentee will
remain under the obligation to work (exploiter), under
INDUSTRIAL PROPERTY CONVENTION.

penalty of forfeiture, his patent in France according to the
conditions laid down by the law of 1844.”

A circular of the Minister of Commerce issued on August
26, 1884, confirms and amplifies this construction in the
following terms :—

“ Art. 5 contains a provision of importance which departs
from the law of July 5, 1844, on patents for invention.
Art. 32 of this law modified by the law, of May 20—31, 1856,
provides, as you know, that, &c. (see Art. 32 of the Act of
1844, p. 54).

“ Art. 5 of the Convention stipulates that the introduction
by the patentee into the country in which the patent has
been taken out of articles manufactured in one or the other of
the States of the Union shall not entail forfeiture ; with the
reservation, however, that the patentee shall remain subject to
the obligation to work his invention in accordance with the
laws of the country into which such articles are introduced.

“Holders of French patents who wish to introduce into
France articles similar to those which are guaranteed by their
patents, and manufactured on the territory of one of the con-
tracting States, need no longer address a petition for this
purpose to the Commercial Department, and may introduce
such articles freely. But they remain as heretofore liable to
comply with the provisions of the aforesaid Art. 32 of the
Act of July 5, 1844, as regards articles manufactured in any
other countries but such as belong to the Union.”

This Article of the Convention has given rise to much
opposition in France, on the ground that it repeals for the
countries of the Union a clause of the laws of 1844 and 1856,
specially adopted for the protection of French industry (Act of
1844, Art. 32; Act of 1856, § 3), a clause, says M. Bozérian
(Temps, Jan. 11, 1886), one of the chief promoters of the
Convention in France, which, so far as he knows, exists in the
legislation of no other country.

As regards the sense of the word “exploiter,” as to which a
proposal was made at the Conference of 1886 at Rome, it was
explained by the Tunisian delegate that exploiter meant
fabriquer. In this he was slightly in error (see note to Art. 32

143

Construc-
tion of
Article 5
in a Minis-
terial
circular.

Agitation
against the
article.

Sense of
word ‘‘ ex-
ploiter.”
144

Marks to
be regis-
tered as in
country of
origin.

Meaning
of country
of origin.

Restriction
against
certain
marks
removed,

Original

TREATY ARRANGEMENTS.

above-mentioned, p. 55), though it is usual to conform to the
law by manufacturing an article and having the fact put on
record by a hyissier.

Art. VI. Every trade-mark duly (régulicrement)
registered in the country of origin shall be admitted
for registration, and protected in the form originally
registered (a) in all the other countries of the
Union (0).

That country shall be deemed the country of
origin where the applicant has his chief seat of
business. If this chief seat of business is not
situated in one of the countries of the Union,
the country to which the applicant belongs shall
be deemed the country of origin.

Registration may be refused if the object for
which it is solicited is considered contrary to
morality or public order (5).

(«) The words in italics are the translation of “telle
quelle” as explained in the Protocol, § 4, which states that
paragraph 1 of Art. 6 is to be understood as meaning that
no trade-mark shall be excluded from protection in any
State of the Union, because it does not satisfy, in regard to
the signs composing it, the conditions of the legislation of that
State, provided that on this point it comply with the legal
requirements of the country of origin, and that it had been
properly registered in said country of origin.

In Germany, Austria, Brazil, and the Argentine Republic,
for instance, trade-marks made up exclusively of letters or
figures are not admitted to registration. But wherever the
Convention operates, the mark, if originally registered in a
State forming part of the Union which recognises the validity
of such marks, will now be protected.

(b) Tite‘terms of this Article gave rise at the Conference
INDUSTRIAL PROPERTY CONVENTION.

of 1880 to a great deal of discussion, The original wording
was as follows: “The property of industrial designs or
models and trade-marks (marques de fabrique ou de commerce)
shall be considered in all the States of the Union as legiti-
mately belonging to those who make use in accordance with
the legislation of the country of origin, of the said designs,
models, and trade-marks.”

This provision was borrowed from the French treaties with
Belgium and Russia. Russian law protected only marks in
Russian characters. It was arranged that French marks
regularly registered in France should be admitted telles quelles,
and protected in Russia, though in French characters.

The Dutch representative pointed out the want of lucidity
of the article as thus worded. He understood it to mean that
a person who had properly registered his mark in’ France, and
wished to register it in Holland, could obtain such registration
without any preliminary examination. This did not seem to
him acceptable. In Holland anyone wishing to register a
trade-mark had to deposit it at the district tribunal. But this
deposit did not grant an exclusive right to use the mark ; on
the first day of the following month the Official Journal pyb-
lished the application for the mark, and during six months

145

terms of
Article 6.

Whence
taken,

Discussion
thereon in
1880.

any person interested had the right to lodge a caveat against

the delivery of a certificate on the simple ground that the
mark was not sufficiently distinct from another mark already
registered. The Dutch delegate said he could agree to nothing
that would interfere with the right of third persons to lodge
such a caveat, which was a fundamental part of the Dutch law
on trade-marks,

M. Bozérian acknowledged that the text was not sufficiently
clear, but he thought that everyone was agreed as to the
object in view. He observed that the French applicant would
be subjected to the internal legislation of each contracting
State, and that his mark could be rejected in Holland. The
Article only applied to the composition (ce qui constitue, see § 4
of the Protocol, p. 154, infra) of the mark. Thus in France the
law permits the registration of a number as a trade-mark. It
might happen that in other countries the law did not permit

BP. L
146

Meaning of
words

** duly ”
xegistered.

Nature of
goods not
har to

wegistra-
tion.
Ofcial

‘translation
eerrected.

TREATY ARRANGEMENTS.

such registration, in which case a French mark of this descrip-
tion would have no protection. Several treaties had altered
this state of things as regarded France, Belgium, Italy, and
Russia. The object was to remove the obstacle everywhere.
What he had said in regard to marks applied also to industrial
designs and models.

Count Castell, on behalf of Austria, asked whether a mark
containing treasonable emblems would have to be registered.
It would not be so in Austria. He thought it necessary to
make an exception excluding designs and trade-marks con-
trary to public morals and order.

The Swiss delegate made the suppression of the words
“designs and models” a sine qud non tor Switzerland.
Eventually a reading drawn up by the Brazilian delegate to
meet the different views expressed, was taken as a basis, and
this was the one which with some modifications was eventually
adopted by the Conference of 1880, and confirmed by that of
1883.

In the reading proposed by the Brazilian delegate the
Article began as follows: “Towle marque de fabrique ou de
commerce valablement déposée dans le pays dorigine sera ad-
mise, be.”

The word “ valablement” was considered as going too far,
and the word “ réguliérement” (duly) was substituted. Accord-
ing to one of the French delegates “duly registered” and
“registered” were exchangeable. (Procés-verbaux, 1880,
p: 70 ef seg., and p. 138 et seq.).

Art. VII. The nature of the goods to which the
trade-mark is to be affixed (apposé) can, in no case,
be an obstacle to the registration thereof (a).

(a) The English official translation renders the word
“ appos¢” by “used.” This is not quite correct, and might
lead to confusion (see p. 122),

The principle underlying the Article is that the mark is
independent of the merchandise. Thus, where permission of
the authorities is required before manufacturing or selling any
INDUSTRIAL PROPERTY CONVENTION.

product, the absence of this permission is no obstacle to the
registration of the mark.

The French delegate, M. Jagerschmidt, at the Conference
otf 1880, explained that in certain countries when a manu-
facturer or merchant applied to register a mark for pharma-
ceutical products (patent medicines), for instance, registration
was refused because the Medical Council had not approved
the product. As the mark was to be independent of the pro-
duct, its owner would be able under this Article to register it
and thus safeguard his rights until the sale of the product
was eventually permitted. France had already concluded
treaties with Belgium, Italy, and Russia, under which marks
registered in the country of origin were admitted in the form
so registered to registration in the contracting countries
reciprocally.

Several countries belonging to the Union, such as Brazil,
Spain, Sweden, and Norway, made distinctions which the
Convention has now removed,

Art. VIII. A trade name shall be protected in
all the countries of the Union, without necessity of
registration (a), whether it form part or not of a
trade-mark (b).

(a) This is the common law of France (see p. 97).

(6) This portion of the Article removes a hardship as regards
the contracting States, which has resulted from the decision of
the Court of Cassation in the case of Veuve Etienne Beissel et
fils. An Aix-la-Chapelle house of this name had registered its
name as a portion of a trade-mark. The trade-mark expired,
and the question arose whether the name forming part of it
became public property with the rest of the mark. The Court
of Appeal of Paris decided that it did. The German Govern-
ment made representations to the French Government on the
iniquitous cousequences entailed by such a decision. The
minister of Justice solicited a careful examination of the
question by the Court of Cassation, to whom the case had
been carried, but this Court upheld the decision of the lower

L 2

147

** Patent
Medi-
cines,”

French
treaties in
sense of
Article 7.

Effect of
article in
Brazil,
Spain,
Sweden
and
Norway.

Protection
of trade
names.

Trade
names
forming
part of
trade
mark,
148

Stoppage
of goods
bearing
false
marks.

Restricted
application
of previous
article.

Cutlers’Co.
thereon.

TREATY ARRANGEMENTS.

Court, and the question was thus solved: in the sense that a
trade name forming part of a trade mark followed the fate
of the mark (Cass. Jan, 13, 1880).

Arr. IX. All goods illegally bearing a trade-mark
or trade name may be seized on importation into
those States of the Union where this mark or name
has a right to legal protection.

The seizure shall be effected at the request of
the Public Procurator (Ministére public) (a) or of
the interested party, pursuant to the internal legis-
lation of each country.

(a) The English official translation of Ministére public by
“proper Public Department,” though not correct, render the
meaning and effect which are necessarily given to the term in
Great Britain, where.the Public Procurator or Ministére public
does not represent the public interest exclusively.

Arr. X. The provisions of the preceding Article
shall apply to all goods falsely bearing the name of
any locality as place of origin, when this indication
is associated with a fictitious trade name, or one
assumed with a fraudulent intention.

Any manufacturer of, or trader in, these goods,
established in the locality falsely designated as
the place of origin, shall be deemed an interested
party (a).

(a) It was to extend the application of this article that
special English delegates (Mr. Belk and Mr. Hughes from
Sheffield) attended the Conference at Rome in 1886. The
Article of which they succeeded in obtaining the acceptance
by a number of the delegates of other States, has been given in
the Introduction. As this Article has not been ratified, it
INDUSTRIAL PROPERTY CONVENTION.

leaves the above text unmodified, (See as regards the protec-
tion of English marks in France, observations under Art. 19 of
the Trade Marks Act, 1857, p. 99, Art. 9 of the Trade Marks
Act, 1873, p. 103, and Art. 10 of the Treaty of 1882, p. 134.)

A question of construction has arisen between the Italian
and French Governments in reference to Arts. 9 and 10.
The former maintains that under these Articles, France has no
right to stop goods bearing a false mark of origin unless
coupled with a fictitious trade name, or one assumed with a
fraudulent intention. The French Government, on the con-
trary, considers that the wording of the article is not a restric-
tion on those States which are favourable to more rigorous
protection, but is the limit beyond which protection cannot be
claimed under the Convention by the contracting States from
each other. It was, in other words, the maximum the con-
tracting States would unanimously concede to each other, but
it left each State free to take such further precautions as
it might think fit.

The object of the Article as originally framed was to give
the manufacturers and places of manufacture of the contracting
States the same protection as is given to native citizens. It
was borrowed in the original French project from Art. 19
of the Act of June 23, 1857 (Procés-verbaux, 1880, p. 81).
Its motive, as appears from the minutes of the Conference of
1880, was to prevent fraudulent descriptions of origin by
restrictions as far as unanimity would permit, and not to
remove any existing prohibitions of fraud. It is not easy to
see upon what a different construction of the Article can be
based.

Art. XI. The High Contracting Parties agree to
grant temporary protection to patentable inventions,
to designs, models, and trade-marks for articles
appearing at official, or officially recognized, Inter-
national Exhibitions (a).

(a) See the special provisions of French law hereon (p, 126)-

149°

Construc-
tion of
Italian
Govern-
ment.

Construc-
tion of
French
Govern-
ment.

Provision
whence
derived. .

Exhibi-
tions,
150

Central
offices to

be created.

Want of
central
office in
France.

Searches
where to
be made.

Inter-
national
office for
Industrial
Property.

TREATY ARRANGEMENTS.

Art. XII. Each of the High Contracting Parties
agrees to establish a special governmental depart-
ment for industrial property, and a central office
for communication to the public of patents, designs,
models, and trade-marks.

The publication of patents in France is insufficient to satisfy
the needs of the public. Searches are rendered difficult by
the existence of two central registries, the one for existing
patents (Ministry of Commerce), and the other. for expired
patents (Conservatoire des Arts et Meétiers). One central office,
like the Patent Office in London, is a desirable reform which
has often been advocated in France.

At present, moreover, patents are registered at one place
(Ministry of Commerce), trade-marks at another (Tribunal of
Commerce), and designs and models at a third (Consetl de
Pru@hommes), and proposals to centralize the registration
have not been favourably received in the provincial centres.
At present there is no centralization for designs and models,
nor is any search possible so long as the registration is
secret. Trade-marks are transmitted with some delay to the
Conservatowre des Arts et Métiers. An improvement has been
made since 1884 by the publication of trade-marks in the weekly
Bulletin Officiel de la Propriété industrielle, pursuant to § 5
of the Final Protocol (see p. 154). Otherwise, as regards
centralization, things remain as before the International Con-
vention.

Art. XITI. An International Office shall be or-
ganized under the name of ‘‘ Bureau International
de l'Union pour la Protection de la Propriété In-
dustrielle’’ (International Oftice of the Union for
the Protection of Industrial Property).

This office, the expense of which shall be defrayed
by the Governments of all the Contracting States,
INDUSTRIAL PROPERTY CONVENTION.

shall be placed under the high authority of the
Central Administration of the Swiss Confederation,
and shall work under its supervision. Its func-
tions shall be determined by agreement between
the States of the Union.

Art. XIV. The present Convention shall be sub-
mitted to periodical revisions, with a view to in-
troducing improvements calculated to perfect the
system of the Union.

To this end conferences shall be successively held
in each of the Contracting States by delegates of
the said States. The next meeting shall take place,
in 1885, at Rome (a).

(a) This Conference was not held till 1886. The resolutions
there adopted but not ratified will be found in the Appendix
(p. 186). See also p. 21 e¢ seg. of the Introduction.

Arr. XY. It is agreed that the High Contracting
Parties respectively reserve to themselves the right
to make separately, as between themselves, special
arrangements for the protection of industrial pro-
perty, in so far as such arrangements do not
contravene the provisions of the present Conven-
tion.

Art. XVI. States which have not taken part in
the present Convention shall be permitted to accede
to it at their request.

This accession shall be notified diplomatically to
the Government of the Swiss Confederation, and

by the latter to all the others. It shall ipso facto.

154

Periodical.
revisions
of Convez-
tion.

Separate
conven-
tions per-
missible.

Union how
joined.
152

Ratifica-
tion.

Duration

of Conven-

tion.

Denuncia-
tion.

TREATY ARRANGEMENTS.

imply acceptance of all the clauses, and admission
to all the advantages stipulated by the present Con-
vention.

Arr. XVII. The carrying out of the reciprocal
engagements contained in the present Convention
is subordinated, in so far as necessary, to the obser- ,
vance of the formalities and rules established by
the constitutional laws of those of the High Con-
tracting Parties who are bound to procure the
application thereof, which they engage to do as
early as possible.

Arr. XVIII. The present Convention shall come
into operation within one month after the exchange
of ratifications, and shall remain in force for an
unlimited time, till the expiry of one year from the
date of its denunciation. This denunciation shall
be addressed to the Government commissioned to
receive accessions. It shall only affect the State
which shall have denounced the Convention—the
Convention remaining intact for the other Con-
tracting Parties.

Art. XIX. The present Convention shall be
ratified, and the ratifications of it exchanged in
Paris, within one year at the latest.

In witness whereof the respective plenipotentiaries
have signed it, and thereto affixed their seals.

Done at Paris, March 20, 18838.
INDUSTRIAL PROPERTY CONVENTION.

PROTOCOL.

The plenipotentiaries of the Contracting States,
when signing the accompanying Convention, at the
same time signed an explanatory protocol, which is
as follows :—

1. The words “ industrial property” are to be
understood in their broadest sense; they are not to
apply simply to industrial products properly so
called, but also to agricultural products (wines,
corn, fruits, cattle, &c.), and to mineral products
employed in commerce (mineral waters, &c.).

2. Under the word “ patents ” are comprised the
various kinds of industrial patents recognised by
the legislation of the Contracting States, such as
importation patents, improvement patents (a), &c.

(a) See p. 438.

8. The last paragraph of Article 2 does not affect
the legislation of any of the Contracting States,
relating to legal procedure, jurisdiction, &c. (a).

(a) See note (0) to Art. 2, p. 137.

4, Paragraph 1 of Article 6 is to be understood
as meaning that no trade-mark shall be excluded
from protection in any State of the Union, simply

153

Merchan-
dise to
which Con-
vention

‘applies.

Sense of
word
“¢ patents.””

Rules of
procedure
excepted.

Composi-
tion of
trade
marks not
obstacle to
154

registra-
tion.

Public
armorial
bearings
and decora-
tions,

Official
periodical.

Organisa-
tion of
Inter-
national
office,

TREATY ARRANGEMENTS.

because it does not satisfy, in regard to the signs
composing it, the conditions of the legislation of
that State, provided that on this point it comply
with the legal requirements of the country of origin,
and that it shall have been properly registered in
said country of origin. With this exception, which
relates only to the form of the mark, and under
reserve of the clauses of the other articles of the
Convention, the internal legislation of each State
shall remain in force.

To avoid misconstruction it is agreed that the
use of public armorial bearings and decorations.
may be considered as contrary to public order in
the sense of the last paragraph of Article 6.

5. Each country of the Union shall publish, if
practicable, an official periodical, in connection with
the special government department mentioned in
Article 12 (a).

(a) See note to Art. 12, p. 150.
6. The common expenses of the International

Office, instituted by virtue of Article 18, are in no
case to exceed for a single year a total sum repre-

senting an average of 2,000 francs for each Con- |.

tracting State.

To determine the part which each State should
contribute to this total of expenses, the Contracting
States, and those which may afterwards join the
Union, shall be divided into six classes, each con-
INDUSTRIAL PROPERTY CONVENTION.

tributing in the proportion of a certain number of
units, namely :—

Units.
1st class : : * és 7 . 25
2nd class . : ‘ ‘ F . . 20
3rd class ‘ i . 2 : . 15
4th class . i ‘ ‘ b ao 10
5th class. : . ‘ i a 5
6th class . ; ; é : oe 3

These co-efficients will be multiplied by the
number of States in each class, and the sum of the
result thus obtained will supply the number of units
by which the total expense has to be divided. The
quotient will give the amount of the unit of expense.

The Contracting States are classed as follows,
with regard to the division of expense :—

Ist class . . France, Italy.

Qnd class . . Spain.

3rd class . . Belgium, Brazil, Portugal, Switzerland.
4th class . . Holland.

5th class . . Servia.

6th class . . Guatemala, Salvador.

The Swiss Government will superintend the
expenses of the International Office, advance the
necessary funds, and render an annual account,
which will be communicated to all the other Ad-
ministrations.

The International Office will centralise informa-

tion of every kind relating to the protection of

Oo
156

TREATY ARRANGEMENTS.

Industrial Property, and will bring it together in
the form of a general statistical statement which
will be distributed to all the Administrations. It
will interest itself in all matters of common utility
to the Union, and will edit, with the help of the
documents supplied to it by the various Adminis-
trations, a periodical paper in the French language
dealing with questions regarding the object of the
Union.

The numbers of this paper, as well as all the
documents published by the International Office,
will be circulated among the Administrations of the
States of the Union in the proportion of the number
of contributing units as mentioned above. Such
further copies as may be desired either by the said
Administrations, or by Societies or private persons
will be paid for separately.

The International Office shall at all times hold
itself at the service of members of the Union, in
order to supply them with any special information
they may need on questions relating to the inter-
national system of Industrial Property.

The Administration of the country in which the
next conference is to be held will make preparation
for the transactions of that conference, with the
assistance of the International Office.

The Director of the International Office will be
present at the meetings of the conferences, and will
take part in the discussions, but without the privi-
lege of voting.
INDUSTRIAL PROPERTY CONVENTION,

He will furnish an annual Report upon his ad-
ministration of the office, which shall be communi-
cated to all the members of the Union.

The official language of the International Office
will be French.

7. The present Final Protocol, which shall be
ratified along with the Convention concluded this
day, shall be considered as forming an integral part
of and shall have the same force, validity and dura-
tion as the Convention itself.

ACCESSION OF HER MAJESTY’S GOVERNMENT
TO THE ABOVE CONVENTION.

The Undersigned, Ambassador Extraordinary and Plenipo-
tentiary of Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland to the French Republic, declares
that Her Britannic Majesty, having had the International
Convention for the Protection of Industrial Property, con-
cluded at Paris on the 20th March, 1883, and the Protocol
relating thereto, signed on the same date, laid before her, and
availing herself of the right reserved by Article XVI. of that
Convention to States not parties to the original Convention,
accedes, on behalf of the United Kingdom of Great Britain
and Ireland, to the said International Convention for the Pro-
tection of Industrial Property, and to the said Protocol, which
are to be considered as inserted word for word in the present
Declaration, and formally engages, as far as regards the Presi-
dent of the French Republic and the other High Contracting
Parties, to co-operate on her part in the execution of the

157

Effect of
Protocol,

Accession
of United
Kingdom
to Union.
TREATY ARRANGEMENTS.

stipulations contained in the Convention and Protocol afore-
said.

The Undersigned makes this Declaration on the part of Her
Britannic Majesty with the express understanding that power
is reserved to Her Britannic Majesty to accede to the Conven-
tion on behalf of the Isle of Man and the Channel Islands, and
any of Her Majesty’s possessions, on due notice to that effect
being given through Her Majesty’s Government.

In witness whereof the Undersigned, duly authorised, has
signed the present Declaration of Accession, and has affixed
thereto the seal of his arms.

Done at Paris on the 17th day of March, 1884.

(L.S.) (Signed) — Lyons.

(Translation.)

Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, having acceded to the International Con-
vention relative to the Protection of Industrial Property, con-
cluded at Paris, March 20, 1883, together with a Protocol
dated the same day, by the Declaration of Accession delivered
by Her Ambassador Extraordinary and Plenipotentiary to the
Government of the French Republic; the text of which
Declaration is word for word as follows :—

(Here 1s inserted the teat of the above Declaration.)

The President of the French Republic has authorised the
Undersigned, President of the Council, Minister for Foreign
Affairs, to formally accept the said Accession, together with
the reserves which are contained in it concerning the Isle of
Man, the Channel Islands, and all other possessions of Her
Britannic Majesty, engaging as well in his own name as in
that of the other High Contracting Parties to assist in the
accomplishment of the obligations stipulated in the Conven-
INDUSTRIAL PROPERTY CONVENTION. 159

tion and the Protocol thereto annexed, which may concern the
United Kingdom of Great Britain and Ireland.

In witness whereof the Undersigned, duly authorised, has
drawn up the present Declaration of Acceptance and has
affixed thereto his seal.

Done at Paris, the 2nd April, 1884.

(L.S.) (Signed) § JuLEes Frrry.

DECREE OF THE PRESIDENT OF FRENCH RE-
PUBLIC PROMULGATING THE CONVENTION
IN FRANCE.

Le Président de la République Frangaise,—Sur la proposi- Decree
tion du président du conseil, ministre des affaires ¢trangeres,— Promul-
A gating
Décréte : Conven-
Le Sénat et la Chambre des députés ayant approuvé la con- tion.
vention pour la protection de la propriété industrielle, signée
le 20 Mars 1883, entre la France, la Belgique, le Brésil,
l’Espagne, le Guatémala, l’Italie, les Pays-Bas, le Portugal, le
Salvador, la Serbie et la Suisse, et suivie d’un protocole de
cloture, les ratifications de cet acte ayant été échangées a Paris,
le 6 Juin 1884; le royaume-uni de la Grande-Bretagne et
d'Irlande, la Tunisie et ’Equateur y ayant accédé, et les actes
d’accession ayant été également déposés le 6 Juin 1884, ladite
convention et ledit protocole de cléture dont la teneur suit,

recevront leur pleine et entitre exécution.
160

Patents
taken out
in France
and in
French
colonies.

' Formali-

ties.

FRENCH COLONIES AND ALGERIA.

INDUSTRIAL PROPERTY IN THE
FRENCH COLONIES AND ALGERIA.

—_+—

PATENTS.

ORDER REGULATING THE APPLICATION OF THE Law
or Jury 5, 1844, on Patents. (October 21,
1848.)

Art. I.—The law of July 5, 1844, on patents
shall be applied in the colonies from the publication
of the present decree (a).

(a) Patents taken out in the Colonies are valid in France,
and patents taken out in France are valid in the Colonies.
See note to Article 8.

Art. II.—Any person desirous of taking out a
patent in the colonies shall deposit at the offices of
the Director of the Interior, three copies (a) of the
documents required by Article 5 of the above-men-
tioned law. The minute recording this deposit
shall be inscribed in a register kept for the purpose
and signed by the above official and by the appli-
cant, in accordance with Article 7 of the said law.

(a) For letters patent in France two copies suffice. Article
3 (2) explains the object of the additional copy.
PATENTS.

Art. III.—Before proceeding to draw up the
minute of registration the Director of the Interior
shall require :—(1.) The receipt delivered by the
Treasury of the Colony certifying the payment of
the sum of one hundred francs, being the first
annuity of the tax; (2.) Three copies of each docu-
ment mentioned in paragraphs 1, 2, 3, and 4 of
Article 5 of the law of July 5, 1844. A copy of
each of these documents shall remain deposited
under seal in the said offices for reference if neces-
sary. The two other copies shall be placed ina
single envelope by the applicant, who shall close
and seal it himself.

Art. IV.—The Governor of each Colony shall
with the shortest possible delay after registering ap-
plications, transmit to the Minister of Industry and
Commerce, through the Minister of the Marine and
the Colonies, the sealed envelope containing the two
copies in question, and add thereto a certified copy
of the minute, the receipt for payment of the first
annuity, and, where there is one, the procuration of
the agent.

Art. V.—Patents when delivered are transmitted
with the least possible delay to their destination
through the Minister of the Marine and the
Colonies.

Arr. VI.—Registration of transfers of patents
dealt with in Article 20 of the law of July 5, 1844,
shall be effected at the offices of the Director of the
Interior. The copies of the minute of registration

BP. M

161

Applica-
tions in
French
Colonies
forwarded
to Paris.

Assign-
ments.
Jurisdic-

tion,

FRENCH COLONIES AND ALGERIA.

accompanied by the certified extract from the deed
of transfer and the receipt for the complete payment
of the annuities shall be transmitted to the Ministry
of Agriculture and Commerce in accordance with
Article 4 of the present decree.

Art. VII.—The payment prescribed by Articles
4, 7, 11, and 22 of the law of July 5, shall be paid
to the Treasurer of each Colony, who shall convey
it to the Public Treasury, and transmit to the
Minister of Agriculture and of Commerce by the
same channel a statement thereof.

Art. VIII.—Actions for infringement shall be
dealt with by the Court of Appeal in the Colonies(a).
The periods fixed by Article 48 of the said law
shall be modified in accordance with the decrees
which relate to procedure in civil matters in the
Colonies.

(«) The owner of a patent taken out in France may enforce
his rights in the French Colonies without having complied
with the above formalities, which are practically confined to
providing for convenient registration by colonial inventors.
PATENTS.

DEcREE RELATING TO THE APPLICATION TO ALGERIA
or THE Law or Juty 5, 1844, on RATENTH
(June 5, 1850.) (a)

(a) Algeria was recently constituted an extension of France.
Article 2 of the Decree of August 26, 1881, which effected
this reform, provides that “the laws, decrees, orders, regula-
tions, and ministerial instructions affecting the different ser-
vices in France, shall apply in Algeria in all provisions with
which the special legislation of the country does not conflict.”

The same Decree gave each Minister jurisdiction in Algeria,
as if it were a portion of France, the Governor being like the
Prefect in the Department, the agent of each Minister. The
circuitous communications provided for in the text below,
are therefore now removed.

Arr. II —The documents required by Article 5
of the law of July 5, 1844, shall be lodged in three
parts (a) by the applicant at the secretary's office of
the Prefecture, at Algiers, Oran, or Constantine.
A copy of these documents shall remain deposited
under seal at the office of the general secretary of
the Prefecture where the deposit shall have been
amade, to be resorted to, if need be. The two other
copies shall be enclosed in a single envelope and
. sealed by the applicant (déposant), to be addressed
to the Minister of War. s

(a) For France two copies suffice. The sequel of the Article
explains the object of the third copy.

Arr. III.—The Prefect shall, as soon as possible
after registration of the applications, address to the

Minister of War, who shall transmit them to the
M 2

163

Algeria
extension
of France.
164

Trade
Marks in
French
Colonies.

FRENCH COLONIES AND ALGERIA.

Minister of Agriculture and Commerce, the sealed
envelope containing the two copies in question, to
which shall be added the other documents required
under Article 7 of the law of July 5, 1844. The
letters patent delivered shall be sent by the Minister
of Commerce to the Minister of War, who will
transmit them to the Prefect to be forwarded to the
applicants.

Art. [V.—The fees prescribed by Articles 4, 7,
11, and 22 of the law of July 5, 1844, shall be paid
to the Trésorier-payeur, who will convey them to
the Treasury, and who will send the Minister of
Agriculture and Commerce a statement of the
fees paid.

Art. V.—Actions for offences and infringements
shall be judged by the competent Tribunals in
Algeria. The delay for distance fixed by Article 48
of the law of July 5, 1844, shail be modified in
accordance with the laws and decrees which govern
civil procedure in Algeria.

TRADE-MARKS.

DEcREE DECLARING THE Law or JunE 23, 1857,
APPLICABLE TO THE CoLonrEs. (August 8,
1873.)

Art. I.—Subject to the modifications herein con-
tained the following shall apply to the Colonies (a).

(a) This is held to include Algeria, ‘See, moreover, note to
Decree of June 5, 1850, p. 163.
TRADE-MARKS.

(1.) The law of June 28, 1857, on trade-marks.

(2.) The decree of July 26, 1858, regulating the
administrative details for carrying out the said law
of June 28, 1857.

Art. II.—The increase of delay for distance shall
be one day for two myriamétres.

Art. III.—The copy of the mark which in France
must be transmitted in five days to the Minister of
_ Agriculture and Commerce, shall be transmitted
within the same time to the Director of the Interior,
or to whosoever shall be acting as such, to be for-
warded to the Minister of the Marine and the
Colonies, who in turn shall forward the same to the
Minister of Agriculture and Commerce, for deposit
at the Conservatoire des Arts et Métiers.

Art. IV.—The fixed fee of one franc granted to
the registrar by Article 4 of the law of June 23,
1857, and by Article 6 of the decree of July 28,
1868, is raised in all cases to two francs.

Art. V.—The present decree as well as the law
and decree to which it refers shall come into force
as soon as their promulgation is reputed to be
known in accordance with the special rules existing
for each colony.

The Act of November 26, 1873 (sce p. 88),
specifically states that it is applicable to the Colo-
nies and Algeria (Article 8).

Centralisa
tion in
Paris,
166

Merchan-
dise Marks,
Designs
and
Models,

FRENCH COLONIES AND ALGERIA.

DESIGNS, MODELS AND MERCHANDISE
MARKS.

The laws and regulations relating to commercial
names (merchandise marks), designs, and models,
seem not to have been specifically extended to the
Colonies. The Courts would probably, in the
absence of special decrees, confine themselves to
applying Art. 1882 of the Civil Code (see p. 118)
against infringers. As regards Algeria, see note to
Decree of June 5, 1850, p. 163.

EXHIBITION REWARDS AND MEDALS.

Art. 7 of the Law of April 30, 1886, relating to
the usurpation of Industrial Medals and Rewards,
extends this law to Algeria and the Colonies (see
p. 123).

INTERNATIONAL CONVENTION FOR
THE PROTECTION OF INDUSTRIAL
PROPERTY.

The Convention of 1883 is applied in the French
Colonies as in France.
TUNIS—-PATENTS,

TUNIS.
PATENTS FOR INVENTIONS.

(LAW OF DECEMBER 26, 1888.)
pga
LAW RELATING To Patents FoR INVENTIONS (4).

(a) This law is based on the French Act of 1844. The
main lines of it are those of the law of France. Though

Art. 9 does not contain the words “without preliminary ,

examination,” it leaves standing the provision that the patent
is delivered at the applicant’s own risk. The only innovation
of principle is the system introduced in Art. 8 of allowing
opposition to be made to the grant of the patent during two
months from publication of the application.

At the foot of each article I have inserted references to the
parallel provisions of French law (see p. 33 et seq.) which will
enable the reader to find the corresponding notes without
difficulty.

(Reference to the parallel articles of the French Act of 1844
(p. 33 et seq.) are indicated by numbers at the foot of each
article.)

PART I.

GENERAL PROVISIONS

Arr. I.—§ 1. A new discovery or invention, in
any department of industry, confers on its author,

167

Principles
adopted.

Part I.

General
provisions,
168

Parr I.

 

Novelty.

Non-
patentable

inventions.

Duration.

Fees
payable.

TUNIS—PATENTS,

under the conditions and for the periods hereinafter
fixed, the exclusive right of working the said dis-
covery or invention for his own benefit.

§ 2. This right is certified by a document de-
livered by the Tunisian Government called “ brevet
d invention” (Letters Patent). (1.)

Art. I].—The following shall be deemed new
inventions or discoveries :—

The invention of new industrial products.

The invention of new means, or the new appliance
of means already known, for obtaining an industrial
result or product. (II.)

Arr. III.—The following shall not be patent-
able :—

Financial plans and schemes, and generally in-
ventions the popularising of which would be con-
trary to law and good morals. If the invention
is connected with foods or medicaments, the inven-
tion cannot be delivered for the goods themselves,
but exclusively for the special method of their
manufacture. (III.)

Arr. IV.—§ 1. The duration of a patent shall be
five, ten, or fifteen years.

§ 2. The fees payable are as follows :

Five hundred piastres (a) for a Patent of
five years ; ,

One thousand piastres for a Patent of ten
years ;

Fifteen hundred piastres for a Patent of
fifteen years.
FORMALITIES, IN GRANTING OF PATENTS,

§ 3. These fees shall be paid by yearly instal-
ments of one hundred piastres, under penalty of
forfeiture of the Patent, if the Patentee leaves an
instalment unpaid. (IV.)

(a) The value in English money of a piastre averages about
Gd.

PART IL.

FORMALITIES TO BE OBSERVED IN THE
GRANTING OF PATENTS.

Art. V.—Any person wishing to take. out a
Patent must deposit under seal in person or by
attorney, or apply through the post by registered
letter (a) to our Prime Minister :

1st. His application ;

2nd. A specification of the discovery, invention,

or appliance forming the subject of the applica-
tion ;

3rd. The drawings or samples necessary to render

the specification intelligible ; and

4th. A memorandum of the documents deposited.

The applications will be entered in the order of
their reception in a register, which will indicate the
date and hour of their arrival, the name of the ap-

169

Part I.

Parr, II.

Formalities
respecting
grant of
patents.

Entry of
applica-
tions.
170

Part IT.

Form of
applica-
tion.

Title,

Specifica-
tion.

Language

to be used.

Weights
and
measures,

Drawings.

Documents
to be

TUNIS— PATENTS.

plicant, the object of the application, and the num-
ber of the inscription.

A minute of reception of the application shall be
delivered without charge on demand. (V.)

(a) This utilisation of the postal service is an intelligent
improvement, which might be extended to France.

Art. VI.—§ 1. The application shall be limited
to a single principal object, with the details consti-
tuting it, and the employments (applications) thereof
indicated.

It shall mention the period for which the appli-
cants desire to take out their patent, within the
limits fixed by Art. 4, and shall contain no condi-
tions or reservations.

It shall indicate a title containing a summary and
precise designation of the object of the invention.

§ 2. The specification must be written in the
French language only. It shall contain no altera-
tions, or words written over others. Words ob-
literated shall be counted and verified, and the
pages and references initialed.

The denominations of weights or measures shall
be given on the metric system.

§ 8. The drawings must be traced in ink, and
according to the metric scale.

§ 4. A duplicate of the specification and drawings
shall be annexed to the application.

§ 5. All documents shall be signed by the appli-
FORMALITIES IN GRANTING OF PATENTS,

cant or by his agent, whose power of attorney shall
be appended to the application. (VI.)

Art. VII.—No deposit of documents shall be
received except on production of a receipt show-
ing the payment of the sum of one hundred piastres
on account of the Patent fees at the office of the
Receiver-General of the Government of Tunis.

The first payment is retained by the State,
although the application for the invention be ulti-
mately refused. (VII.)

Art. VIII.—If the documents annexed to the
application for the Patent are complete, and there
is no ground for rejecting the said application, in
accordance with Articles 3, 5, and 7, the Prime
Minister will publish the application, with a sum-
mary of its contents, in the Official Journal.

During a period of two months from the publica-
tion, it will be lawful for anybody to make opposi-
tion in writing to the application for the patent.

On the expiration of this period, and if no opposi-
tion has been made, a fiat of the Prime Minister or
his delegate, attesting the regularity of the applica-
tion and the absence of opposition, shall be delivered
to the applicant, and will constitute the letters
patent. This document will likewise be inscribed
in a register to be called “‘ the Register of Patents,”
and notice thereof will be given in the Official
Journal. Where the application has been rejected,
communication of such rejection will be made to
the applicant or his authorised agent.

171

Part IT,

signed by
applicant.
Payment
of fees
first step.

First pay-
ment not
returnable.

Publication
of applica-
tions.

Opposi-
tions.

Delivery of
patent.

Rejection
of applica-
tion.
172

Part i.

Pricedure:
after
opposition
entered.

Patents
granted at
applicant’s
risk and
without
guarantee.

Certificate
of addition,
alterations,
improve-
ments,

Fee
payable.

TUNIS—-PATENTS,

If oppositions are made, the Patent will only be
delivered after the applicant shall have obtained
the removal of such opposition by the competent
Tribunals (a).

(a) This article constitutes an innovation of the system of

the French Act of 1844 which is set out in Arts. IX. and X.
thereof, See note, p. 167.

Art. IX.—Patents shall be granted (a) at the
applicant’s own risk, and without, guarantee as
to either the reality, novelty or merit of the in-
vention, or the accuracy of the specification. (XI.)

(a) The words “without examination ” which figure in the
French Act (see p. 41) in this place have been omitted.

Arr. X.—§ 1. The patentee or others entitled
through him, during the whole duration of the
Patent, shall have the right to make alterations
and improvements in or additions to the invention,
provided the application is made in accordance with

‘the formalities prescribed by Articles 5 and 6.

§ 2. These alterations, improvements or additions
shall be authenticated by certificates delivered in
the same form as the principal Patent, and shall have
from the expiration of the time allowed for making
opposition the same effect as the said principal
Patent, with which they shall terminate.

§ 8. The fee for the application for a Certificate
of Addition is twenty piastres in the manner fixed
by Article 7.
FORMALITIES IN GRANTING OF PATENTS.

§ 4. A certificate of Addition taken out by one
of those entitled shall avail for all the others.
(XVI)

Art. XI.—A patentee who wishes to take out
for an alteration, improvement or addition a principal
Patent of five, ten or fifteen years, instead of a
Certificate of Addition expiring with the original
Patent, must comply with the formalities prescribed
by Articles 5, 6 and 7, and pay the fees mentioned
in Article 4. (XVII.)

Arr. XII.—§ 1. Nobody but the patentee or
those entitled through him, acting as above men-
tioned, can, during one year, take out a valid
Patent for an alteration, improvement or addition
to the invention forming the subject-matter of the
original Patent.

§ 2. Nevertheless, any person who wishes to
take out a Patent for an alteration, addition or
improvement in a discovery already patented,
may, during the said year, make an application
which will be deposited under seal with the Prime
Minister.

§ 38. At the end of the year the seal will be broken

and the Patent delivered in accordance with the

procedure prescribed by Article 8.

§ 4. The original patentee, however, shall have
the preference in all alterations, improvements and
additions for which he has himself demanded a
Certificate of Addition or a Patent in the course of
the year. (XVIII.)

173

Part II,

Principal
patent for
improve-
ment.

Principal
patentee’s
prior right.
174

Parr II.

As to con-
flicting
interests
connected
therewith,

Formalities
of assign-
ment.

Register of
Patents,

Rights of
assignees
as regards
additions,
&e.

Copies of
certificates
of addition.

Inspection

TUNIS—PATENTS, |

Arr. XIII.—To take out a Patent for a discovery,
invention, or appliance connected with the subject-
matter of another Patent does not confer a right to
work the invention already patented, nor can the
original patentee work the invention which forms
the subject-matter, of the new Patent. (XIX.)

Art. XIV.—§ 1. A patentee may assign the total
or partial ownership of his Patent.

§ 2. The total or partial assignment of a Datant
whether as a gift or for a valuable consideration,
must be by notarial deed and after payment. of the
whole of the fees prescribed by Article 4.

§ 8. No assignment shall be valid, as regards
third persons, until it has been registered, and the
person last inscribed as proprietor on the Register
of Patents shall be reputed real proprietor of the
Patent delivered. (XX.)

Art. XV.—§ 1. The assignees of a Patent and
those who may have acquired from a patentee or
those entitled through him the right to work the
discovery or invention shall have the benefit of any
Certificates of Addition, delivered to the patentee
or those entitled through him at a later date.
Reciprocally, the patentee or those entitled through
him shall have the benefit of Certificates of Addition
delivered at a later date to the assignees,

§ 2. Any person who has a right to make use of
a Certificate of Addition may obtain a copy thereof
on payment of a fee of twenty piastres. (XXII)

Art. XVI.—§ 1. All specifications, drawings,
PROVISIONAL PROTECTION AT EXHIBITIONS.

models, and specimens of Patents delivered may,
until the expiration of such Patents, be inspected
free of charge on demand.

§ 2. Any person may obtain, at his own expense,
a copy of the said specifieations and drawings.
(XXTIT.)

Art. XVII.—At the beginning of each year a
list shall be published in the Tunisian official
journal giving the titles of the Patents delivered in
the course of the preceding year. (XXIV.)

PART IIL
PROVISIONAL PROTECTION AT EXHIBITIONS.

Art. XVIII.—Any Tunisian or foreigner, author
of a discovery or invention capable of being patented,
or of an industrial design which should be registered,
or other persons entitled through him, may, if they
are admitted to a public Exhibition authorised by
the Administration, obtain from the Prime Minister
a certificate descriptive of the object registered (a).

(a) See note to Art. 20, p. 176.

Art. XIX.—This certificate will secure to the
person obtaining it the same rights as a patent for

175

Part II.

of specifi-
cations,
&e.
Copies
thereof.

Annual
list of
Patents.

Part IIT

Provisional
protection
at Exhibi-
tions for
Patents
and
Designs

Rights
conferred
thereby,
176

Part III.

 

Limit of
time for
application.

Inspection
of pro-
visional
certificates,

Delivery of
certificates
gratuitous.

TUNIS—PATENTS.

invention or the registration of an industrial design
would confer, such right dating from the day of
admission till the end of the third month following
the close of the Exhibition, without prejudice to
the patent which the exhibitor may take out, or to
the registration of the design which he may effect
before the expiration of the said time (a).

(a) See note to Art. 20 below.

Art. XX.—The application for this certificate
must be made during the first month, at latest,
from the opening of the Exhibition. It must be
addressed to the Prime Minister and accompanied
by an exact description of the object to be guaran-
teed, and, if necessary, by a plan or drawing of the
said object.

These applications, as well as the decisions of the
Prime Minister, will be inscribed in a special
Register which will be open to inspection on
demand.

The delivery of the certificate is gratuitous (a).

(a) These provisions are borrowed from the French Act of
May 23, 1868, see p. 126,
FORFEITURES,

PART IV.

FORFEITURES.

Art. XXI.—§ 1. Patents delivered in the follow-
ing cases are void :

Istly. When the discovery, invention, or appli-
ance is not new;

2ndly. When the discovery, invention, or appli-
ance is not patentable according to Article 8 ;

3rdly. When the Patents relate to theoretical or
merely scientific principles, methods, systems, dis-
coveries and conceptions, the industrial appliances
of which are not indicated ;

4thly. When the discovery, invention, or appli-
ance is held to be contrary to public order or
safety or to the laws of the country, without preju-
dice in such a case to the penalties which might be
incurred for manufacturing or selling prohibited
articles ;

5thly. When the title under which the application
for a Patent has been made fraudulently indicates
any but the real object of the invention ;

-6thly. When the specification accompanying the
Patent is not sufficient for working the invention,
or when it does not completely and fairly indicate
the real means employed by the inventor ;

Tthly. When the Patent has been obtained
contrary to the provisions of Article 12.

B.P. N

177

Part IV.

 

Cases of
nullity of
Patent.

Want of
novelty.

Inventions
relating
to bare
principles.

Illicit
inventions.

Fraudulent
title.

Insuffi-
ciency

of specifi.
cation,
178

Part IV.

Publicity
before re-
gistration
defined.

Forfeiture
of Patent.
Non-pay-
ment of
fees.

Failure
to work
Patent.

importing
patented
goods from
abroad.

TUNIS—PATENTS,

§ 2. Certificates comprising alterations, improve-
ments, or additions which are not connected with
the original Patent are likewise void. (XXX.)

Ant. XXII.—No discovery, invention, or appli-
ance to which in the Regency or abroad, and before
the date of the deposit of the application, sufficient
publicity has been given to enable it to be worked
shall be reputed new (a). (XXXI.)

(a) This is subject, of course, to Art. 4 of the Industrial
Property Convention. See pp. 138 and 185.

Art. XXIII.—§ 1. Shall forfeit all his rights :—

The patentee who has not paid his yearly instal-
ment before the beginning of each year of the term
of his Patent ;

The patentee who has not worked his discovery
or invention in the Regency within two years from

the date of the signature of the Patent, or who has-

ceased to work it for two consecutive years, unless

in either case he can show good cause for not so-

working it;

The patentee who imports into the Regency
articles made abroad similar to those protected by
his Patent ;

The introduction will, nevertheless, be authorised
of: (1), models of machines; (2), objects manu-
factured abroad destined for public Exhibitions (a),
or for experiments made with the assent of the
government. (XXXII.)

(a) See, however, Articles 18, 19, 20.

=
FORFEITURES.

Arr. XXIV.—§. 1. Whoever on sign-boards or
in advertisements, prospectuses, placards, marks
or stamps, terms himself ‘‘ patentee,” without
possessing a Patent delivered in accordance with
the Law, or after expiry of a former Patent, or who,
being a patentee, mentions his title of patentee, or
his Patent, without adding the words “ without
guarantee of the Tunisian Government,” shall be
liable to a fine of from fifty to one thousand piastres.

§ 2. If the offence be repeated, the fine may be
doubled. (XX XTIT.) ,

Art. XXV.—Actions for annulment or forfeiture

may be brought by any person interested. Such
‘ actions, as well as all litigation relating to the
ownership of patents, shall be brought before the
French tribunals of first instance.

Art. XXVI.—When the absolute annulment or
forfeiture of a Patent has been decided by judgment
which has become final, notice thereof shall be given
to the Prime Minister, and the annulment or for-
feiture shall be published in the mode laid down by
Article 8 for bringing Patents to the knowledge of
the public. (XXXIX.)

Art. XXVII.—When proceedings are taken at the
same time against the patentee and one or more
assignees of a share in the Patent, it shall be
brought before the tribunal of the place where the
patentee is domiciled. (XXXYV.)

Art. XXVIII.—The case shall be examined and
decided in the mode prescribed for summary matters

N 2

179

Part IV.

Misuse of
rm
“ paten-
tee,” and
obligation
to use
words
** sans
garantie du
Gouverne-
ment.”

Jurisidic-
tion in
Patent
cases.

Publication
of annul-
ments and
forfeitures.

Procedure.
180

. Parr IV.

Interven-
tion of
Public
Procurator.

Part V.

Tenalties
for infringe-
Inent.

Acces-
sories.

TUNIS—PATENTS.

by Article 405 et seq. of the Code of Civil Pro-
cedure. It shall be communicated to the Public
Procurator. (XXXVI.)

Arr, XXIX.—S§ 1. In every suit for the purpose
of obtaining the annulment or forfeiture of a Patent
the Public Procurator may intervene and demand
the absolute annulment or forfeiture thereof.

§ 2. He may even proceed directly by principal
action to obtain the annulment in the cases pro-
vided for in subsections 2, 4, and 5 of Article 21.
(XXXVILI.)

Arr. XXX.—In the cases provided for by
Article 29 all parties entitled to the Patent, and
whose titles have been registered with the Tunisian
Government, shall be cited. (XXXVIII.)

PART V.

PENALTIES,

Arr. XXXI.—Infringement of the rights of 2
Patentee, either by manufacture, or by the use of
methods forming the subject of his patent, is a
misdemeanor.

It is punishable by a fine of from one hundred to
to two thousand piastres. (XL.)

Art. XXXII.—Any person who has knowingly
received, sold, or offered for sale, or introduced
PENALTIES,

upon the territory of the Regency one or more
counterfeit articles shall be subject to the same
penalties as an infringer. (XLI.)

Arr. XXXIII.—§ 1. No penalties established by
the present Decree (a) shall be cumulated.

§ 2. The highest penalty alone shall be inflicted
for all acts committed before the commencement of
proceedings. (XLII.)

(a) This is no doubt a clerical oversight, as the present text
isa Law not a Decree. See also § 2 of Article 34.

Art. XXXIV.—§ 1. In case of repetition of the
offence imprisonment of from one to six months
shall be inflicted in addition to the fine provided
by the preceding Articles.

§ 2. It shall be considered a repetition of the
offence, when a previous condemnation for one of
the offences specified by the present Law has been
inflicted during the next preceding five years.

§ 3. Imprisonment of from one to six months
may be inflicted where the infringer is a workman
or has been employed in the workshop or factory
of the Patentee, or where the infringer, having
become a partner of such workman or other person
employed by the Patentee, has thereby become
acquainted with the processes specified in the
Patent.

§ 4. In the latter case such workman or other
employé may be prosecuted as an accessory.
(XLII)

181

Part V.

Penalties
not to he
cumulated.

Repetition
of offence.

Special
penalty
in case of
employés.
182

Part V.

Moving
Public
Procurator.

Seizure of
counterfeit
articles.

TUNIS—PATENTS,

Arr. XXXV.—Article 463 of the French Penal
Code is applicable to the foregoing offences.
(XLIV.)

Art. XXXVI.—Proceedings for the enforcement
of the above penalties can only be taken by the
Public Procurator at the instance of the person
whose rights have been infringed. (XLV.)

Art. XXXVII.—The Correctional Tribunal
before which the action for infringement is brought
shall decide on any demurrers raised by the defen-
dant on the ground of nullity or of forfeiture of the
Patent or in connection with the ownership of the
Patent. (XLVI.)

Arr. XXXVITI.—Owners of a Patent may, after
obtaining an order of the President of the Tribunal
of First Instance, cause a public provess-server
(huissier) to draw up a detailed description of the
articles alleged to be counterfeit, with or without
seizure.

This order shall be granted on application and
production of the Letters Patent; in case of need
it shall appoint an expert to assist the process-
server in making the description.

When there is ground for a seizure the order
may oblige the applicant to give security, which
must be lodged before the seizure is effected (a).

Copies of the order of the Court and of the
document certifying that security, where ordered or
requisite, has been lodged, shall be left with the

holder of the articles described or seized, otherwise
é
PENALTIES.

the proceedings shall be void and the process-server
shall be liable for damages. (XLVII.)

(a) The provisions of the French Act as to security be ng
indispensable in the case of foreigners is omitted. See p. 63.

Arr, XXXIX.—In default of the applicant taking
either civil or criminal proceedings within eight
days, with one day more for every three myria-
metres (a) between the place where the objects seized
o1 described are situated and the domicil of the
infringer, fraudulent receiver, importer or vendor,
tke seizure or description shall be ipso facto void

without prejudice to the claim for damages provided
for by Article 28. (XLVIII.)

(a) A myriamétre is 6.2 miles.

Art. XL.—§ 1. The confiscation of the articles
held to be counterfeit, and of any instruments, or
machinery designed for the manufacture of such
articles, shall, even in case of acquittal, be ordered
against the infringer, receiver, importer or vendor.

§ 2. The confiscated articles shall be handed
over to the owner of the Patent without prejudice
to his claim for further damages and to publication
of the judgment if need be. (XLIX.)

183

Part Y.

Confisca-
tion of
counterfeit
urticles.
184 TUNIS—PATENTS.

PART VI.

SPECIAL AND TEMPORARY PROVISIONS.

Parr VI, ART. XLI.—The Government shall specify tle

Monifiaraiy administrative details for carrying out the present

provisions. Taw, which shall not come into force until six
months after its promulgation (a). (L.)

(a) It, therefore, does not come into operation till June oh

1889. The réglement giving the administrative details referr
to in the text is at present in course of preparation.
TRADE MARKS, DESIGNS, MERCHANDISE MARKS, ETC.

TRADE MARKS, DESIGNS, MERCHAN-
DISH MARKS, ETC.

\

Tunis possesses no special laws on trade-marks,
or names, designs, or models (see, however, Art. 18
of the foregoing law), and there is no provision as
vet there for the registration thereof. The subject,
however, is believed to be at present under con-
sideration at head-quarters. As all cases in which
Europeans are concerned are tried in the French
Courts of the Protectorate, under the Decree of
July 31, 1884 (Tunisian law of March 27, 1883),
the general principles of the French Codes are
applicable; for their protection. Thus they would
probably have the benefit of Art. 1382 of the Civil
Code (see p. 118) in case of infringement of any
rights not yet specially provided for.

As regards the Industrial Property Convention,
Tunis being a member of the Union, British
subjects enjoy its advantages there, so far as legis-
lation on the subject-matter thereof exists.

Trade-
Marks,
Designs,
&e.

Industrial
Property
Conven-
tion.
APPENDIX A.

APPENDICES.

APPENDIX A.
FORMS.

—.—-

PATENTS.

I.
APPLICATION FOR LETTERS PATENT.

A M. le Ministre de Agriculture et du Commerce.

Demande de Brevet.

Je, soussigné [name, christian names and description], de-
meurant & , Tue No. , déclare vouloir
prendre un brevet d’invention de quinze ans pour [title of the
invention].

Je joins a la présente demande :

1° Un récépissé constatant le versement d’une somme de
cent francs 4 valoir sur le montant de la taxe du brevet :

2° Une description originale de l'invention faisant objet du
brevet demandeé ;

3° Les dessins et échantillons nccessaires 4 intelligence
de la description ;

4° Le duplicata de la description et des dessins ;

5° Un bordereau des pieces déposées.

(Signature)

(All the annexed documents should be signed.)
FORMS—PATENTS.

II.
APPLICATION FOR A PaTENT BY AN AGENT,
A M. le Ministre de l’Agriculture et du Commerce.

Demande de Brevet.

Le soussigné [name, christian names and description],
demeurant 4 , Tue ) agissant au nom et comme
mandataire de Monsieur [name, christian names and descrip-
tion], demeurant & » rue » aux termes du
pouvoir que ledit Monsieur lui a donné le ;
certifié véritable par ledit mandataire, a déclaré vouloir
prendre audit nom et en ladite qualité un brevet d'invention
de quinze ans pour (the rest as in Form I, :)

6° La procuration sus-cnoncée.

III.
Power OF ATTORNEY TO BE ANNEXED TO THE APPLICATION.

Je, soussigné , fabricant de , demeurant
a , ai par les présentes donné pouvoir 4 M
demeurant a , de pour moi et en mon nom prendre
tous brevets d’invention pour découvertes par moi faites ou
a faire ; de fixer la durée de ces brevets ainsi qu'il le jugera
convenable ; de prendre tous certificats d’addition devant se
rattacher, soit aux brevets dés 4 présent obtenus par moi, soit
db ceux que je pourrai obtenir 4 lavenir ; aux fins sus-énoncées
et dans les différents cas qui pourront se présenter, faire
toutes déclarations et élections de domicile, signer, parafer,
approuver toutes piéces et mentions, requérir tous procés-
verbaux, signer et émarger tous registres, substituer dans tout
ou partie des présents pouvoirs et faire en général tout ce qui
sera nécessaire pour l’obtention et déliveencs des brevets et
certificats d’addition, ainsi que les expéditions desdits actes.

Bon pour pouvoir.

(The words “bon pour pouvoir” must be in the handwriting
of the person signing.)

187
188

APPENDIX A

IV.
LEss GENERAL POWER OF ATTORNEY.

Je, soussigné, &., donne par ces présentes pouvoir 4
M. O. , ingénieur demeurant 4 Paris, de, pour moi et en
mon nom, demander un brevet d’invention de quinze ans
pour [description of invention], Vautorise 4 élire domicile chez
lui pour J’exécution des formalités prescrites par la loi du
5 juillet, 1844; 4 signer tous actes et 4 satisfaire 4 toutes les
obligations imposées aux brevetés par ladite loi. Le présent
pouvoir aura force et valeur pour déposer en mon nom toutes
demandes de certificats d’addition se rattachant 4 ladite
invention. Je lautorise en outre & retirer des mains de qui
de droit tous titres et pices relatifs audit brevet et & en
donner décharge; promettant d’avoir le tout pour agréable
et de le ratifier au besoin.

Fait 4 le :

Bon pour pouvoir.
(See note to previous Form.)

 

Vv.

APPLICATION FoR Lerrers Parent FoR AN INVENTION
PatENTED ABROAD.

A M. le Ministre de lV Agriculture et du Commerce,

; Demande de Brevet.

Le soussigné, &¢., demeurant & , faisant Clection de
domicile chez Monsieur , demeurant a > rue ;
déclare vouloir prendre un brevet Vinvention de ans
pour une découverte pour laquelle il a obtenu en Angleterre
le une patente ayant encore années de durée,
laquelle invention consiste en

I] joint 4 la demande les pitces capes écrites intégrale-
ment en langue frangaise :

(See List of Documents, Form I.)
FORMS—PATENTS. 189

VI.
SPECIFICATION.

Mémoire descriptif & Vappui de la demande de brevet
formée par [name of inventor].

Mon invention consiste dans le procédé ci-aprés [detailed
and exact description of the invention].

Ce procédé est destiné principalement 4 étre appliqué A la
fabrication de [state precisely its principal applications].

Mais il peut étre également appliqué a [state precisely its
accessory applications].

Je déclare expressément que j’entends me réserver toutes
les applications indiquées ci-dessus et autres analogues.

Mon procédé se distingue de tous autres antérieurement
connus en ce qwil réunit pour la premitre fois [state precisely
the differences], qui wavaient été jusqwd présent appliqués
qwisolément et pour une autre destination.

Les avantages qu'il présente sont [detailed enumeration of its
advantages].

Pour appliquer utilement mon procédé et en obtenir les
résultats et avantages énumérés ci-dessus il faut [precise and
complete indication of the means used to apply the invention].

Mots rayés wuls.

Renvois approuvés.

(Signature)

VII.

APPLICATION FOR A PATENT FOR AN IMPROVEMENT IN A
PatENTED INVENTION.

A M. Je Ministre de Agriculture et du Commerce.

Demande de Brevet pour un Perfectionnement.

Je, soussigné [name, christian names and description], de-
meurant d , rue , faisant élection de domicile
190

APPENDIX A.

chez Monsieur , rue gia , déclare vouloir
prendre un brevet de ans pour un perfectionnement
& Vinvention objet du brevet délivré au profit de Mon-
sieur , le pour ledit perfectionnement

consistant en
Je produis avec la présente demande :

(See List of Documents, Form I.)

VIil.
APPLICATION FOR A CERTIFICATE OF ADDITION.

AM. le Ministre de Agriculture et du Commerce.

Demande de Certificat d Addition.

Je, soussigné [name, christian names and description], de-

meurant & » rue No. , déclare vouloir
prendre un certificat d’addition au brevet d’invention de
ans qui m’a été délivré le pour , laquelle

addition consiste en ;

Je joins & ma demande les piéces ci-aprés :

1° Un récépissé constatant le versement d’une somme de
vingt francs ;

2° Une description originale de V’addition faisant Pobjet du
certificat demandé ;

3° Les dessins nécessaires pour intelligence de la descrip-
tion ;

4° Le duplicata de la description et des dessins ;

5° Le borderean des piéces déposées.

IX.
DEED oF ASSIGNMENT OF ToraL PROPERTY IN A PATENT.

Par devant moi, notaire 4 ,en présence des témoins
ci-aprés dénommeés, domicili¢s et qualifies ;
FORMS—PATENTS.

Est comparu , demeurant & » lequel a par
ces prdsentes cédé et transporté sans autre garantie que celle de
ses faits personnels & , demeurant & > ici
présent et ce acceptant le brevet d’invention pris en France
par le comparant le pour ans, ledit brevet
ayant pour objet [title of patent].

Ladite cession faite, sans réserve aucune pour la totalité de
la propriété du brevet, aura pour effet de transporter au
cessionnaire tous les droits et actions quelconques résultant
dudit brevet, et de lui conférer conformément 4 la loi le profit
des certificats d’addition qui seraient ult¢rieurement délivrés
au breveté ou a ses ayants droit.

La présente cession est faite moyennant la somme de
que le sieur reconnait avoir regue et dont il donne
quittance et en outre 4 la charge par le concessionnaire de payer
les frais du présent acte et de remplir toutes les conditions
imposées aux cessionnaires pour assurer la validité et les effets
de la cession. Dont acte

XxX.
ASSIGNMENT OF PaRT OF A PATENT.

Par devant moi, notaire 4 , en présence des témoins
ci-apres dénummeés, domiciliés et qualifiés ;

Est comparu , demeurant a » lequel a par
ces présentes cédé se transporté a » demeurant
a , ici présent et ce acceptant et pour la partie ci-aprés
déterminée, la propriété du brevet d’invention pris en France
par le comparant le pour ans, ledit brevet
ayant pour objet [title of patent].

Ladite cession partielle a pour objet spécial et unique l'un
des procédés compris dans l’invention brevetée, ledit procédé
décrit sous Ie No. , et consistant en , il est
convenu et entendu entre les parties que, relativement audit
procédé le cessionnaire exercera seul 4 l’exclusion de tous
autres et-méme du cédant, tous droits et actions quelconques

191
APPENDIX A.

résultant du brevet sans pouvoir prétendre aucunement 4
Yexploitation des autres procédés étrangers & la présente
cession, mais seulement aux certificats d’addition relatifs au
procédé transporté par les présentes, que le cédant pourrait
ultérieurement obtenir. ,

La présente cession est faite (the rest as in Form LX.).

XI.
CERTIFICATE OF REGISTRATION.
Décret Ministériel.
Ministére de Agriculture et du Commerce.
Durée ans.
No. 3
Brevet Invention sans Garantie du Gouvernement.

Le Ministre, secrétaire d’Etat au département de l’Agriculture

et du Commerce ;
Vu la loi du 5 juillet, 1844 ;

Vu le procés-verbal dressé le | 18 , a
heure minutes, au secrétariat général de la Préfecture ,
du département d et constatant le dépét fait par le’
sieur dune demande de brevet d’invention de
années pour ;

Arréte ce qui. suit :

Art. 1.—Il est délivré au sieur » Sans examen

préalable, 4 ses risques et perils, et sans garantie, soit de la
réalité, de la nouveauté ou du mérite de Pinvention, soit de la
fidélité ou de Vexactitude de la description, un brevet
invention de années, qui ont commencé & courir
le pour finir lé a

Art. 2.—Le présent arrété, qui constitue le brevet d’inven-
tion, est délivré an sieur , pour lui servir de titre.

A cet arrété demeureront joint un des doubles de la
description et un des doubles du dessin déposés & l’appui de
FORMS—TRADE MARKS. : 123

la demande, la conformité entre les pitces descriptives ayant
été diment reconnue.
Paris le ‘
Pour le Ministre et par délégation,
Le chef de division,
Signé
Pour expédition certifiée conforme,
Le chef de bureau délégué,
Signé

TRADE MARKS.

I.
Power oF ATTORNEY BY British Limitep CoMPANY.

Nous, soussignés , demeurant a et
demeurant a , administrateurs de la société Britannique
a responsabilité limitée » ayant son siége social
a et agissant en son nom, donnons pour le présent
pouvoir a , demeurant 4 , de pour ladite société
déposer au greffe du Tribunal de Commerce de la Seine, les
signes distinctifs constituant ses marques de fabrique.

Et en conséquence faire prés les autorités tout ce qui sera
nécessaire pour la validité des dépéts desdites marques.

Fait & le z

IL.

ATTESTATION BY Notary PuBiic oF SIGNATURES OF
DIRECTORS OF A BRITISH CoMPANY.
Je, soussigné , notaire public par autorité Royale,
‘dament admis et assermenté, certifie et atteste 4 tous ceux qui
B.P. oO
194

APPENDIX A,

les présentes verront, que les signatures qui précédent ont été
apposées en ma présence et qu’elles sont bien véritablement les
signatures de et , administrateurs de la société
Britannique 4 responsabilité limitée et obligent ladite société.

III.
Form oF Deposit (REGISTRATION).

Greffe du Tribunal de Commerce de Paris.

No. 5

Dépdt du ,18 ,ah.

Cette marque (dénomination, étiquette), qui peut varier de
couleur, disposition et de forme, est destinée a étre appliquée
a (here follows nature of merchandise],

Signature of applicant
Signature of registrar :

(Special forms are supplied at the Registry.)

IV.
CERTIFICATE OF REGISTRATION.

Extrait des Minutes du Greffe du Tribunal de Commerce du
département de la Seine séant & Paris.

Le mil huit cent quatre vingt a
heures, a comparu au Greffe du Tribunal et devant nous
Greffier soussigné le sieur lequel au nom et comme
ayant charge suivant pouvoir sous signature privée enregistré
et annexé de aux termes de la convention du
20 Mars, 1883, déposé entre nos mains comme marques de
fabrique :

Premiérement deux exemplaires d’une marque destingée i

des produits en et autres—la dite marque consiste
dans la dénomination et
FORMS—DESIGNS AND MODELS.

constitue la marque de fabrique de , classée sous le
No. :

Deuxigmement deux exemplaires d’une marque destinée
des produits en et autres—ladite marque consiste en
un , le tout constitue la
marque de fabrique de , classée sous le No.

Troisiemement deux exemplaires d’une marque destinée 4
des produits en et autres—la dite marque consiste en
un , le tout constitue la
marque de fabrique de , classée sous le No.

Duquel dépét qu'il déclare faire pour conserver la propriété
desdites marques pour une période de quinze années & compter
de ce jour, et ce conformément a Varticle 3 de la loi du 23 Juin
1857, le comparant a requis acte 4 lui octroyé et a signé avec
nous Greffier aprés lecture.

DESIGNS AND MODELS.

I.

Power oF ATTORNEY TO REGISTER.

Nous, soussignés , demeurant & , donnons par
le présent pouvoir 4 M. de pour nous et en notre nom
déposer au Conseil des Prud’hommes du département de la
Seine les dessins et en conséquence faire prés les
autorités tout ce qui sera nécessaire pour la validité du dépét
desdits dessins.

o
196

APPENDIX A.

II.

CERTIFICATE OF DEPOSIT (REGISTRATION) OF DESIGN OR
MopeEt,

Extrait des Minutes du Secrétariat du Conseil des Prud’hommes
de Paris pour le Département de la Seine et pour ?Industrie
des Métaux.

Conseil de Prud’hommes de Paris pour TIndustrie des
Métaux

Registre de dépédt de modeéles et dessins de
fabrique.

Numéro

Lan mil huit cent quatre vingt

A comparu au Secrétariat

Lequel nous a déposé une boite en entourée d’une
ficelle fixée par deux cachets en cire quil nous a déclaré
contenir

dont-il entend conserver la propriété et V’applica-

tion pendant ans de ce jour, et signé avec nous
Secrétaire, lecture faite, ayant versé indemnité de la
ville.

Signé

Secrétaire

Duquel dépdt acte a été donné au comparant pour constater
son droit.

En marge de la minute du procés-verbal est’inscrit la men-
tion d’enregistrement suivante :

Le certificat a été enregistré gratis & Paris le mil
huit cent quatre vingt F

Pour expédition conforme délivrée conformément a la déci-
sion du Ministre des Finances en date du vingt juin, mil huit
cent quatre-vingt.

Le Secrétaire 2
LONDON PATENT OFFICE NOTICES,

APPENDIX BB.

—_—

LONDON PATENT OFFICE NOTICES.

PATENTS (INTERNATIONAL AND COLONIAL
ARRANGEMENTS) RULES, 1888,

The Board of Trade, by virtue of the provisions of the
Patents, Designs, and Trade Marks Act, 1883, do hereby make
the following Rules :

1. These Rules may be cited as the Patents (International
and Colonial Arrangements) Rules, 1888.

2. These Rules shall be construed as if they formed part of
the Patents Rules, 1883, 1885, and 1886.

3. These Rules shall come into force on the 1st day of June,
1888.

4, The term “foreign application” shall mean an applica-
tion by any person for protection of his invention in a Foreign
State or British Possession to which by any Order of Her
Majesty in Council for the time being in force the provisions
of section 103 of the Patents, Designs, and Trade Marks Act,
1883, have been declared applicable.

5. An application in the United Kingdom for a patent for
any invention in respect of which a foreign application has
been made shall contain a declaration that such foreign appli-
cation has been made, and shall specify all the Foreign States
or British Possessions in which foreign applications have been
made, and the official date or dates thereof respectively. The
application must be made within seven months from the date
of the first foreign application, and must be signed by the
person or persons by whom such first foreign application was
made. If such person, or any of such persons, be dead, the
application must be signed by the legal personal representative
of such dead person, as well as by the other applicants, if any.

197
198 ; APPENDIX B. ~

6. The application in the United Kingdom shall be made in
the Form A? in the Schedule hereto, and in addition to the
specification, provisional or complete, left with such applica-
tion must be accompanied by

(1.) A copy or copies of the specification and drawings or
documents corresponding thereto, filed or deposited
by the applicant in the Patent Office of the Foreign,
State or British Possession in respect of the first
foreign application duly certified by the official chiet
or head of the Patent Office of such Foreign State or
British Possession as aforesaid, or otherwise verified
to the satisfaction of the Comptroller ;

(2.) A statutory declaration as to the identity of the inven-
tion in respect of which the application is made with
the invention in respect of which the said first foreign:
application was made, and if the specification or docu-
ment corresponding thereto be in a foreign language,
a translation thereof shall be annexed to and verified
by such statutory declaration.

7. On receipt of such application, together with the prescribed
specification and the other document or documents accompany-
ing the same, required by the last preceding rule, and with
such other proof (if any) as the Comptroller may require of or
relating to such foreign application or of the official date thereof
the Comptroller shall make an entry of the applications in
both countries, and of the official dates of such applications
respectively.

8. All further proceedings in connection with such applica-
tion shall be taken within the times and in the manner pre-
scribed by the Acts or Rules for ordinary applications.

9. The patent shall be entered in the Register of Patents as
dated of the date on which the first foreign application was
made, and the payment of renewal fees, and the expiration of
the patent, shall be reckoned as from the date of the first
foreign application.

M. E. Hicxs-Bracu,
: President of the Board of Trade.

15th May, 1888.
LONDON PATENT OFFICE NOTICES.

INTERNATIONAL AND COLONIAL ARRANGE-
MENTS. ,

Schedule.

Patents, Desiens, AND TRADE Marks Acts, 1883 To 1886.
Form A’

Application for Patent under International and Colonial
Arrangements.

[Here insert name and full address and calling of applicant,
or of each of the applicants] do hereby declare that I (or we)
~ have made foreign applications for protection of my (or our)
invention of [here insert title of invention] in the following
Foreign States and on the following official dates, viz. : [here
insert the names of each Foreign State, followed by the official date
of the application in each respectively], and in the following
British Possessions and on the following official dates, viz. :
[here insert the names of each British Possession, followed by
the official date of the application in each respectively]: That the
said invention was not in use within the United Kingdom of
Great Britain and Ireland and the Isle of Man by any other
person or persons before the [here insert the official date of
the earliest foreign application], to the best of knowledge,
information and belief, and humbly pray that a patent
may be granted to for the said invention in priority
to other applicants, and that such patent shall have the date
[here insert the official date of the earliest foreign application].

[signature of applicant or of each of applicants].

199:
200

APPENDIX B,

CONSULAR LEGALISATION

OF PATENT OFFICE

DOCUMENTS.

The signature of the Comptroller, and the seal of the
Patent Office, will henceforth be :verified by the Consuls
of the under-mentioned States, resident in London, without

the intervention of a Notary.

Argentine Republic.
Austria-Hungary.
Bolivia.

Chile.

Colombia.
Denmark.
Ecuador.

France.

Germany.

Greece.
Guatemala.

Haiti,

Hawaiian Islands.
Italy.

Japan,

Liberia.

 

Mexico.
Netherlands.

Nicaragua.

Orange Free State. .
Paraguay.

Portugal.
Roumania.

Russia.

Siam.

Spain.

Sweden & Norway.
Switzerland.
Turkey.

United States.
Uruguay.
LONDON PATENT OFFICE NOTICES. 201

INTERNATIONAL CONVENTION.’

An International Convention for the protection of Industrial
Property exists between the following States :—

Belgium. Portugal.

Brazil. Servia.

France. Spain.

Great Britain. Sweden.
Guatemala. Switzerland.
Italy. Tunis.
Netherlands. United States of
Norway. America.

Under this Convention, an applicant for a patent in any
one of the contracting States, may obtain six or seven months
priority in any of the other States.
202

APPENDIX C.

APPENDIX C.

—>—

BRITISH COMPANIES.

CONVENTION setrween Her Masesty AND THE EMPEROR
OF THE FRENCH RELATIVE TO JoINT STocK COMPANIES.

(Signed at Paris, April 30, 1862.)

Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland and His Majesty the Emperor of the
French having judged it expedient to come to an understand-
ing in order to define, within their respective dominions and
possessions, the position of commercial, industrial, and financial
companies and associations constituted and authorized in con-
formity with the laws in force in either of the two countries, .
have resolved to conclude a Convention for that purpose, and
have named as their plenipotentiaries, &. Who, after having
communicated to each other their respective full powers found
in good and due form, have agreed upon and concluded the
following articles :—

Art. 1.—The High Contracting Parties declare that they
mutually grant to all companies and other associations, com-
mercial, industrial, or financial, constituted and authorized in
conformity with the laws in force in either of the two coun-
tries, the power of exercising all their rights and of appearing
before the tribunals, whether for the purpose of bringing an
action or for defending the same throughout the dominions
and possessions of the other Power, subject to the sole condi-
‘tion of conforming to the laws of such dominions and posses-
sions.

Art, 2.—It is agreed that the stipulations of the preceding
article shall apply as well to companies and associations con-
BRITISH COMPANIES CONVENTION.

stituted and authorized previously to the signature of the
present Convention as to those which may subsequently be so
constituted and authorized.

Art, 3.—The present Convention is concluded without limit
as to duration. Either of the High Powers shall, however, be
at liberty to terminate it by giving to the other a year’s pre-
vious notice. The two High Powers, moreover, reserve to
themselves the power to introduce into the Convention, by
common consent, any modifications which experience may
shew to be desirable.

Art. 4.—The present Convention shall be ratified, and the
ratifications shall be exchanged at Paris in fifteen days, or
sooner if possible.

203
204

APPENDIX D,

APPENDIX D.

 

PROPOSED PROTOCOL ADOPTED AT THE
ROME CONFERENCE, 1886,

OF THE INTERNATIONAL UNION FOR THE PROTECTION OF
INDUSTRIAL PROPERTY.

La Conférence internationale de l’Union pour la protection
de la propriété industrielle, convoquée 4 Rome le 29 avril
1886, ayant terminé ses travaux, soumet aux Gouvernements
des Etats qui s’y sont fait représenter, les articles additionnels
a la Convention conclue a Paris le 20 mars 1883, et le Régle-
ment pour l’exécution de ladite Convention, dont Ja teneur
suit :—

ARTICLES ADDITIONNELS A LA CONVENTION CONCLUE A
Paris LE 20 MARS 1883.

A Varticle 5.

Chaque pays aura 4 déterminer le sens dans lequel ily a
lieu @’interpréter chez lui le terme “ exploiter.”

A Particle 10.

1.—Tout produit portant illicitement une indication men-
songére de provenance pourra étre saisi 4 V’importation dans
tous les Etats contractants.

La saisie pourra également étre effectuée dans le pays ot
Vindication mensongere aura été apposée, ainsi que dans le
pays ow le produit aura été introduit.

La saisie aura lieu a la requéte soit du Ministére public, soit
dune partie intéressée, individu, ou société, conformément & la
législation intérieure de chaque Etat.
PROPOSED PROTOCOL.

Les tribunaux de chaque pays auront 4 décider quelles sont
les appellations, qui, & raison de Jeur caractére générique,
échappent anx présentes dispositions.

Les autorités ne sont pas tenues d’effectuer la saisie en cas
de transit.

2.—I] n’y a pas intention frauduleuse dans le cas prévu par
le paragraphe 1* de Varticle 10 de la Convention, lorsqu’il sera
prouvé que c’est du consentement du fabricant dont le nom se
trouve apposé sur les produits importés, que cette apposition a
été faite.

Les présents articles additionnels seront ratifiés, et les
ratifications seront échangées 4 Rome dans le délai d’un an,
ou plus tét si faire se peut.

Ils entreront en vigueur un mois aprés l’échange des ratifica-
tions et auront la méme durée que la Convention.

REGLEMENT POUR L’EXMCUTION DE LA CONVENTION CONCLUE
A PaRIs LE 20 MARS 1883.

I.—Dispositions explicatives.

1.—Pour pouvoir étre assimilés aux sujets ou citoyens des
Etats contractants, aux termes de Varticle 3 de la Convention,
les sujets ou citoyens d’Etats ne faisant pas partie de Union
et qui, sans y avoir leur domicile, possédent des établissements
industriels ou commerciaux sur le territoire Wun des Etats de
YUnion, doivent étre propri¢taires exclusifs desdits établisse-
ments, y étre représentés par un mandataire général, et justifier,
en cas de contestation, qwils y exercent d’une manitre réelle et
continue leur industrie ou leur commerce.

2.—Relativement aux Etats de Union situés en Europe,
sont considérés comme “ pays d’outre-mer” (art. 4), les pays
extra-européens qui ne sont pas riverains de la Méditerranée.

TL— Accession de nouveaux Etats & V Union internationale.

Lorsqu’un nouvel Etat adhere & la Cunvention, la date de la
note par laquelle son accession est annoncée au Conseil fédéral

205
206

APPENDIX D.

suisse sera considérée comme celle de Ventrée dudit Etat dans
P'Union, 4 moins que son Gouvernement n’indique une date
d’accession postérieure,

III.—-Ressort de ? Union.

Sont considérés comme appartenant 4 1’Union internationale
pour la protection de la propricté industrielle :

(Les diverses Administrations fourniront au Bureau
international Vindication de ceux de leurs terri-
toires, colonies ou possessions qui font partie de
PUnion par le seul fait de l’accession dela métro-

pole.)

IV.—Attestations de protection légale.

1.— Pour assurer la protection des marques de fabrique ou
de commerce de leurs ressortissants dans tout le territoire de
YUnion, les Administrations du pays d’origine leur délivreront
une attestation constatant que lesdites marques ont été déposées
dans le pays d’origine.

2.—La légalisation de attestation ci-dessus n’est pas
requise.

3.—Toute demande tendant 4 étendre un brevet 4 d’autres
pays de PUnion devra étre accompagnée d’un exemplaire,
manuscrit ou imprimé, de la description de Pinvention et des
dessins (s'il en existe), tels qwils auront été déposés dans le
pays ou la premitre demande a été faite.

Cette copie devra étre certifiée par le service spécial de la
propriété industrielle de ce dernier pays,

‘'V.—Renseignements @ fournir par le Bureaw international.

1.—Le Bureau international est tenu de fournir gratuite-
ment aux diverses Administrations les renseignements qu’elles
pourront lui demander sur les brevets et les marques de fab-
rique ou de commerce.

2.—Les mémes renseignements seront fournis aux parti-
culiers domiciliés dans le territoire de l'Union, moyennant
une taxe de 1 franc par renselgnement demande.
PROPOSED PROTOCOL.

Cette taxe pourra étre payée en timbres-poste des divers
Etats contractants, et cela sur la base suivante pour les Etats
qui n’ont pas le franc pour unité monétaire, savoir :—

Brésil . . ‘ . 1 franc = 400 reis ;
Dominicaine (République) ,, = 20 centavos de peso ;
Espagne . . ‘i + 55 = I peseta ;
Grande-Bretagne . - + = 10 pence;
Guatémala . ; - » = 20 centavos de peso ;
Norvége . 5 - . 9 = 80 cere;

Pays-Bas . » = 50 cents;

Portugal - 9, =200 reis ;

Suéde : ‘ : - y = 80ere;

Salvador . : . + 4, = 20 centavos de peso.

3,—Les Administrations des divers Etats ci-dessus accep-
teront, aux taux indiqués dans le paragraphe précédent, les
timbres de leur pays que le Bureau international aura recus &
titre de frais de renseignements.

VI.—Protection temporaire des inventions, dessins, modeéles et
marques figurant aux expositions internationales.

1.—La protection temporaire prévue 4 Varticle 11 de la
Convention consiste dans un délai de priorité, s’étendant au
minimum jusqw’s six mois 4 partir du jour de admission du
produit 4 lexposition, et pendant lequel l’exhibition, la publi-
cation ou Yemploi non autorisé par l’ayant droit, de Yinven-
tion, du dessin, du modéle ou de la marque ainsi protégés, ne
pourront pas empécher celui qui a obtenu ladite protection
temporaire, de faire valablement, dans ledit délai, la demande
de brevet ou le dépét nécessaire pour s’assurer la protection
_ définitive dans tout le territoire de PUnion.
Chaque Etat aura la faculté d’étendre ledit délai.
2,—La susdite protection temporaire n’aura d’effet que si,
pendant sa durée, il est présenté une demande de brevet ou
fait un dépot en vue d’assurer 4 Vobjet auquel elle s’applique
la protection définitive dans un des Etats contractants,
3,—Les délais de priorité mentionnés 4 article 4 de la

207
208

APPENDIX D.

Convention sont indépendants de ceux dont il est question
dans le 1** paragraphe du présent article.

'4,—Les inventions brevetables auxquelles la protection pro-
visoire aura été accordée en vertu du présent article, devront
étre notifiées au Bureau international et faire lobjet d'une
publication dans Vorgane officiel dudit Bureau.

VII.—Statistique,

1, Avant la fin du premier semestre de chaque année, les
Administrations de l'Union transmettront au Bureau interna-
tional les indications statistiques suivantes concernant année

‘précédente, savoir :

(a.) Brevets dinvention.

1°, Nombre des brevets demandés ;
2°. Nombre des brevets délivrés ;
3°. Sommes percues de ce chef.

(b.) Dessins ou modeles industriels.

1°. Nombre des dessins ou modéles déposés ;
2°, Nombre des dessins ou modéles enregistrés ;
3°. Sommes pergues de ce chef.

(c.) Marques de fabrique ou de commerce.
1°. Nombre des marques déposées ;

2°. Nombre des marques enregistrées ;
3°. Sommes pergues de ce chef.

2.—Pour la statistique des brevets d’invention, des marques
de fabrique ou de commerce, et des dessins ou modéles indus-
triels (article 6 du Protocole de cléture), le Bureau interna-
tional pourra adopter la classification qu’il jugera la meilleure.

VIII.— Entrée en vigueur du présent Reglement.

Le présent Réglement sera exécutoire dans un délai aussi
rapproché que possible.
PROPOSED PROTOCOL.

209

Vau MIs PAR LA CONFERENCE.

La Conférence a émis, en outre, le voeu suivant, se rapportant
a Particle 2 de la Convention du 20 mars 1883 :

Les Etats faisant partie de PUnion, qui ne posstdent pas de
lois sur toutes les branches de la propriété industrielle, devront
compléter dans le plus court délai possible leur législation sur

ce point.

Il en sera de méme pour les Etats qui entreraient ultérieure-

ment dans l'Union.

En foi de quoi les soussignés délégués par leurs Gouverne-
ments respectifs & la Conférence internationale de Rome ont
dressé le présent procés-verbal et y ont apposé leurs signa-

tures.

Fait & Rome le 11 mat 1886.

Pour ]’Allemagne
Pour la Belgique .
Pour le Brésil .

Pour l’Espagne

Dr. Sttve.

DuJeEvx.

Lopez Netto,

ComMTE DE Rascon
[Hes M. pe Larra.

Bas. SpPorrorno.

Pour les Etats-Unis @’Amérique J. B. Sratio.

Pour la France

Pour la Grande-Bretagne .

Pour l'Italie

Pour le Luxembourg
Pour le Mexique .
Pour la Norvége
Pour le Paraguay

Pour les Pays-Bas
BP.

Vee pu Tour.

>. NICOLAS.

H. Reaper Lack.
i H. G. Brerene.
UBALDINO PERUZZI.
{ Awrone Monzi.u.
( OrRESTE LattTEs.
Remy TRINCHERI.
SPEDENER.
SancHEZ AZCONA.
Comte Hamitton.
E. Renazzi.
WESTENBERG,

‘0 George Snyper v. W.

P
210

Pour le Portugal .
Pour la Roumanie
Pour la Serbie
Pour la Suéde .

' Pour la Suisse .

Pour la Tunisie
Pour Uruguay .

APPENDIX D.

E. pe Souza PREGo.

5 . A. ©. Piagino.

% . . M. CaristrrcH.
. Comtr Haminton.
§ BAvIER.

. °° (Dr. WiLL.

a MicHEL PELLETIER.
. - . P. Antonini Diez.
EIFFEL TOWER.

APPENDIX E.

—>—

EIFFEL TOWER.

Tue Council of State having been consulted by the French
Government on March 9, 1889, as to whether the monopoly in
the exploitation of the tower granted to M. Eiffel covered
accessory applications such as the production and sale of
pictures of it, replied in the negative. The terms of the
question submitted by the Government, and the reply given
by the Council of State, are as follow :—

1° Le traité passé par M. Eiffel avec une Société pour lui
assurer le monopole des reproductions de la tour rentre-t-il
dans l’exploitation autorisée par la convention intervenue entre

VEtat, la Ville de Paris et M: Eiffel ? {
“Vu la convention du 8 janvier 1887, relative & la tour
Eiffel ;

“ Considérant qu’aux termes de la convention ci-dessus visée
du 8 janvier 1887, M. Hiffel s’est engagé & construire ‘en
qualité d’entrepreneur,’ dans l’enceinte de /’Exposition, une
tour de 300 métres de hauteur, conformément aux plans,
devis et détails d’exécution approuvés ou 4 approuver par une
commission spéciale désignée par le Ministre du Commerce et
de VIndustrie ; que cette tour, ‘qui fait partie des constructions
de Y’Exposition’ pendant la durée de cette dernitre, doit
devenir la propriété de la Ville de Paris aprés 1’Exposition et
dés la remise par ’Etat 4 la Ville du pare du Champ-de-Mars ;

“ Considérant que le droit de propriété de ]’Etat, pendant la
premitre période, découle nettement, tant de lassimilation
précitée entre la tour et les constructions de l’Exposition, que
des articles 14 et 15 du traité, qui attribuent a l’Etat, pendant

la durée de ladite Exposition, certains droits inhérents & la
P2

211
212

APPENDIX E.

qualité de maitre de V’ouvrage, tels que le droit d’autoriser la
substitution & M. Eiffel d’une société de construction ou
@exploitation et celui, au cas dinexécution des ouvrages
prévus, de prononcer la mise en régie de J’entreprise ou la
résiliation et au besoin Ja démolition des constructions
effectuées ;

“ Considérant d’autre part que l'article 7 du traité accorde a
M. Eiffel, comme prix de ses travaux, une somme de 1,500,000
frances et la jouissance de l’exploitation de la tour pendant
Yannée de l’Exposition et pendant les vingt années qui
suivront, 2 dater du ler janvier. 1890: que le méme article
précise les droits de jouissance de l’entrepreneur en en limitant
Yexploitation & Vascension du public et 4 Vinstallation, dans
les constructions de la tour, de cafés, restaurants et autres
cétablissements analogues ;

“ Considérant que, de tout ce qui précéde, il résulte que Ja
Tour Eiffel est un monument public qui appartient 4 lEtat
pendant toute la durée de Exposition et ensuite 4 la ville de
Paris; qu’ainsi, & aucun moment, M. Eiffel ne saurait étre
regardé comme le propriétaire de la tour, qu'il n’en est que le
concessionnaire, et qu’d ce titre il ne peut exercer que les
droits de jouissance limitativement ¢numérés dans lacte de
concession, parmi lesquels ne figure pas le droit exclusif de
reproduction.de la tour ;

“ Considérant, en conséquence, que M. Eiffel ne pouvait pas
aliéner 4 un tiers un droit qu’il ne s'est pas réservé et que le
traité passé en vue de cette aliénation ne rentre pas dans
Pexploitation autorisée par l’acte de concession ;

“ Est davis :

“Quwil y a lieu de répondre a Ja question posée par le
ministre dans le sens des observations qui précédent,”

The Civil Tribunal of the Seine delivered judgment on
April 18, 1889, against M. Eiffel’s claim to the exclusive right
of reproduction on similar grounds,
INDEX.

PAGE
ACCESSORIES of infringement of a patent .....ccccceesenseee OL

ACCESSORY APPELLATIONS .........cccssccssessscesrsseessseneses LOT
ACTION,
* (Patents)
for annulment or forfeiture ...........ccccscseessecsecssceeesscnesessreee
civil proceedings .. scidhidiyaes 57
correctional procdedlage westaunege? ae cnsapanat 62
for damages may be joined in seni pmmeetine’ tesserseeree 60
(Trade-Marks)
GLY PLOCEOMIN Ss Sos esce ceeetenncad Gus sswsclecdacphseevonsacssevsuaisayoriaahee
correctional proceedings ..
(Verchandize Marks, $c.)
Correctional Provisions ...........s.csceeecesecesereesessecseesetes seeeee 97, 98
CIVIL PLO CCCMID ES fe rrasccicnsd se saaceucace savsnse te assaeundewsenaadartisses 98, 119
(Designs and Models)
Correctional Provisions .........:cc.scesceecsececersstesseccerssetevsersersoe LIL
(Fraudulent Competition)

 

 

proceedings ...... . eaiid adabtuascagiasasaranecsecoeeaaseoL LO
(Evhibition Romar de and Medals)
proceedings ............... satigidateaivangsesetantenitines dao

(Provisional Protection ae Exhibitions) |
proceedings by-author of invention or design ...........2:sssceeeeee 127
ADDITION, see CERTIFICATE OF ADDITION, IMPROVEMENTS.
ADVERTISEMENTS, mentioning of exhibition and other medals
and rewardsin ......... vee 124
See FRAUDULENT ComPrrirroy, “PATENTEE, "BRevarh
SANS GARANTIE DU GOUVERNEMENT.
AGENT,
application by... sca coaaaeevesscimuosaserccanesrae 66
form of power of aitneaey fo. 08 see ¢ FoRMs,
214 INDEX.

PAGE
ALGERIA, French laws applicable to, as extension of France ...... 163
ALIENS, see FOREIGNER.
AMENDMENT
Of Specification .....c.eceecececeecec erect eee eeesteeneetetessseneeerereeeees 39
of title .........0 ai Lo iteVndeisreases, (BO
AMENDMENTS of the ae repose. .. 5, 15 et seq., 21
AMERICAN SYSTEM of patent law ....... 4

 

ANGLO-FRENCH CONVENTION clan to ‘fadnstial praperty,
sce TREATY OF 1882,

ANNUITY, :
(Patents)
effect of non-payment OE at aaa eoneten ns 36, 54, 55
See FEES.
time allowed for payment Of ......ccccssseseseeceeesetesseessseeneesee BO
ANNULMENT
Of patent, action Lor oo... cesecseseecevecccseecerseeserrsssceesssesserecses OF
See FORFEITURE.
publication of judgment of . Sad ae ssieapdenn anibamanucabiccntenntendasem IDO
CHECHOE ~ sacscunenrvnt snigdgu SuesSRbiG.seeavauseadntvsabeusieadiansaerss? OO

damages where notion ‘fails. ibe shseadanberies OO
APPEAL, time for.. wanesy. (09
APPEAL from Hewiatas of Wradle. Marka to" Phesdlent of Tetbanal., 91
APPELLATION, descriptive, follows patent . aeiesetiews a "107
APPLICANT, see PATENT LAW, TRADE- MauKs, Destans ; AND

MODELS, PROVISIONAL PROTECTION AT EXHIBITIONS,

 

 

   
  

APPLIANCE,
industrial, requisite for valid patent ........cccccsesscesesetteenecees BB
or new appliance of existing Means ......... cee eeeeeceetteetenee BA
APPLICATION,
(Patents)
mode of... seccseeeee 36, 66
form of.. . 37, 66, 186
by spent « edd eedusansiaesinsay 66
ieserentieasl in, , effect éf,. ssi sae ples a3 38
Wher Can be TE]ECHEM sis: canes ves ce ses dganeansecdaseasapesieapeseabasmvaneen: 2D)

APPLICATION, sce APPLIANCE,
ARTISTIC distinguished from industrial designs ..............06+ 8, 117
ARTIZAN,
where infringement of patent by... eeessessssseseesenenee 61
unishable for revelation of industrial secret . seseeee 10, 71
INDEX, , 215

PAGE
ASSIGNEE, right of action of, in case of infringement ...........4.. 62

ASSIGNMENTS,

(Patents)
formalities Of <i iss iisp ete esageeaseas daciaaeaieveserereuevemmauverias AO
effect of registration Of ........cccssssessssscrccssnenemesueuee 47
executed abroad ..........ccscceceeseee . 47, 48
power of attorney to execute ....... 48
where centralised ............06 saainarsieceesss ence 29)
effect of, as regards certificates ‘of iapraverdat., saveeeavectinevienss 49

(Trade-Marks)
WILHOUE SOOO WALI. éscsiay cs sec esroecasiewtinv Sei eeidetlaclapemnnemenanice
TO TEGISbER OF savas cers acicyeeanies vaesnivecuvauendeaeanenaes. So.

(Designs and Models)
NO-TOGIStET OF sesascssvsvanaweanashererse vaceeeetensteviweaavasews! asverecierses LIT

   

BARE PRINCIPLE not patentable .. siediavieeeedsiarvevmssecres B4y DZ
FELK (Mr.) at Rome Conference . seudeitcdcviaasventvintves 20
BERGNE (Sir J. H. G.), at Rome Ponterence, sgdneGomensisaranseeatanses alO
BOND, falsely marked goods in . Siesace dasa wawsennuatenvenrmeerestdeee LOB
BONDED WAREHOUSE, sce Bonn, ‘a

BOTTLES, imitation of form of .. - siabdridinsteneeucadseratyas: LO
BOXES of trade competitor ieandnlestly, seed eee 78
BOZERIAN’S (M.) Bill on Merchandize Marks 17

 

BRANDS, sce WRAPPERS, LABELS,
BREVETE SANS GARANTIE DU GO Ce pro-
vision as to use of words ....... sesserseesee 5, 56

BRITISH CHAMBER OF COMMERCE IN PARIS,

explanatory letter to, ee importation of ae

_ goods... a s uoav alanis else slay Sina ow eapiee eeu . 142

and Sheffield - qnestions. Pere seitdeam. 20
BRITISH COMPANIES, SouHin: of in a France . se nssaeaassavedvvsase Vly 202
BRITISH SUBJECTS,

rights of, in France, under Merchandise Marks Act, 1887 ... 88, 105

 

 

in regard to ee teas . 116
under Convention of 1883 ...... ‘i “103, 116, 136 a seq.
under Treaty of 1882 ..........cc ce ceeeeee 104, 105, 116, 134

See FOREIGNER, TREATY OF 1882, INDUSTR}AL PROPERTY
CONVENTION, TREATY OF 1862 RESPECTING JOINT
Stock COMPANIES,
216 INDEX.

PAGE
BRITISH AND FRENCH SYSTEMS COMPARED,
patents .. a antciesenadetae auseesetnemen eae 4
trademarks: . 6
AESIONS wexsecrevsicscederssbesiewcavsieswaieasivosdonensaseeeeiees sis calaanseceeeeis

 

CASSATION, see CouRT OF CASSATION, .

CATALOGUE of Patents........s.ccsecscceeeseeesceesseereesecssercenecssesenses 50

CENTRAL OFFICE,
provision for, in Industrial cian Convention.....u..cseceeee LI0
want of, in France............ eaiclasinies sivcists veeatogey LOOP
confusion in regard a vecuneheat owing te dbsonge of . . 10

  

CERTIFICATES OF ADDITION uu... cece cceceetsece eee 43
fees payable... scvivahaiuss 44
on assignment of patent woucateanians sated ecenmtehaeassuana 44
See IMPROVEMENTS, PATENT Law, :
CHAMBER OF COMMERCE, British, of Paris and “ Sheffield”
question ......... 23
“ CHAMPAGNE ” jadientive oe elas ‘of production protected a as
sach ......... saudaneeenca OO
CIRCULAR CM. Lookroy" 6 on i Merchacntiige, Marks. tecteseneee 105
See LocKkRoy’s, &c.
CLERK,
61

where infringement of patent by ............csseeeeeeee aati

punishable for revelation of industrial secret .... - 70, 71
“COGNAC” protected as place of production. ...........cseeeeenee 98
COLLECTIVE NAMES,

Elbeuf on reputation Of. ........cccssecrsccscsesecesrererssessersesetsseeee Lt

protection of, by law.. . 97, 98, 101

Lyons .......... = 73

Champagne, Ciena, Goderie arias wii ose tececamesnanirenraawedsvatewcse: 98

 

  

“ Nouveautés de Paris ........ ccc eeseceeeeescereeeeneeerecseeees LOL, 106
COLONIES,
(Preneh)
law relating to patents in... eee teeereceeeeeestssecsensenseses 160

  

trade mele, wee 164

designs, rhddlels ‘ana snershinilieg marks . 166

exhibition rewards and medals ..................... 166

Industrial Property Convention in ............teeseseeseessessessesennes 166
(British)

and International Comvention.........ccssesceessecssessecsssee 19
INDEX. 217

PAGE
COLOUR, imitation of distribution of, in wrappers, labels, &c. ..... . 120
COLOURABLE IMITATIONS . wes widely . 118 a seq.

COMMERCIAL AND MARITIME. ‘ANGLO-FRENCH ‘CONVEN-
TION, see TREATY OF 1882,

COMMON NAME, sce APPELLATION, NAMES.

COMPANIES, BRITISH JOINT STOCK,

    

 
 

 

position of, in France ........cccccsseeceeesesseeseteesseseetsssscsensee Ld, 202
power of attorney by, fon of.. sanadeas ae TOS:
COMPARISON OF BRITISH AND "FRENCH LAW,
patents .. sivae tdaieuncs seu gus esta tainciseveaneyeicccuanadsaubedsennetacee:
trade- eran 6
designs and tivotiels ‘ dexgsusendaceesipecsese.) 10
COMPETITION, fraudulent, peineiple a daw ie 18
COMPULSORY LICENCES not provided for ae 46
COMPULSORY TRADE-MARKS ........ cc ccececececeeeetoteeete eens 172, 80
CONFISCATION
of counterfeit articles (Patents) .....ssswsscussnecnenenenenes Gt
goods bearing counterfeit marks, KC. .........e0 sesnagveas OL
infringing law as to designs and models,.............++- 112
infringing law as to medals and rewards ...........+..+. 124
CONGRESS OF 1878, resolutions adopted at......ceceseenrnree 6 2
CONSEILS DE PRUD HOMMES,
MAtITCLOL Ses sdepiay Motsaengerbehiematestee tovominierealgeacue nares LOD)
of Paris ......... gideejanVeas seventeen Maucaaaerorstacsen Wd
See DESIGNS 4 AND > MODELS.
CONSERVATOIRE DES ARIS ET MUTIERS,
specifications and drawings of expired patents deposited at...... 50
trade-marks, searches for, at ......scssesseesessserrteeaberteetecreteeae 96
designs as regards .......-:..0++ sate . 110
preservation of ipadeemanke He ana communication to allies “92, 96
CONSULAR LEGALISATIONS . zie oe . 200

CONSULS qualified to report on Fraudulent 0 use sof French risk. 87
CONVENTION, special, with France relating to industrial pro-
perty, see TREATY OF 1882.
CONVENTION, International, on Industrial Property, see InDUS-
TRIAL PROPERTY CONVENTION.
COPIES
of letters patent .. exe
of certificates of improvement. “ see vias 49
of certificates of registration of cradle + imitans. 9

  
218 INDEX.

PAGE
COPIES—continued.
but copies of models not permitted.......scssssecrseeeecnes 95
of trade-marks sent to Conservatoire ae Arts et Métiers .. .. 96
COPYRIGHT OF DESIGNS, see DESIGNS AND MODELS.
CORPORATE MARKS ane Seg Sevedussnmeaeemnvaeeacemeessicaaiy (UO
CORRECTIONAL COURT, aipipeal: front 2GedysneAsisenacaabsncerasaneacicaven 59
CORRECTIONAL PROCEEDINGS in France, how taken ...... ve 62
COUNTERFEIT ARTICLES,
under patent, seizure Of ....scssesessessesesseeeeeeseereqeeseccserses 6B
confiscation Of ........c.eee . 64

COUNTERFEITING of trade mark distinguished ‘eens srattattont o 79

COURT OF CASSATION,
rulings of, as regards merchandise marks.........
nature of appeal to.. sels :
CRIMINAL PROCEEDINGS in Hrpuce, ‘how taken, & see » CORREC-

TIONAL PROCEEDINGS.

CUTLERS’ COMPANY, action of, in reference to merchandise
MALKS .......... 0000s acest . 22, 104, 148
CUSTOMS, stoppage ‘of onile hearing: false migke of ovigit nage 13, 84,
99 et seq., 148 et seq.

 

13 et seq., 99 et seg.
serseceereee BY

 

  

  

DAMAGES
in case of failure of action for annulment of patent ............+ 59
claim for, may be joined in correctional action . steaveveres 60, 82
in case of vexatious eacesten for infingement of
patent .. cotton iGiniahlanereaeiaatareeneteas 02
for chrentaning i cay SELZULC .ooceeecseeeeeeserseeseceenes 63
DEFINITION
of patent .. wee 5
of trade- baer: suaiveete: AD
DELIVERY of letters gabe aie evsasae. “SE
DESCRIPTION OF ORIGIN, | see FALSELY ‘MARKED G@oond,
DESCRIPTIVE APPELLATION, sce APPELLATION.
DESIGNS AND MODELS,
laws and regulations relating t0...........c:ccseseeeseseeeees 8, 110 et seq.
imperfections of French law thereon ............ccssecseessereene ees 9
British and French law thereof contrasted ........... 10
registration a matter of custody .. ll
no system of marking Roots thereunder. he seh
INDEX. 219

‘ PAGE
DESIGN 8 AND MODELS—continued.
artistic as distinguished from industrial ............s0s0ece0 eeeees 8,117
mode of registration ...........csccecccssecaecesssteerscsecssssesseareeseses LOY

where to be made ..........cccccsseseeeee nuns

in case of foreigners ...
effect of registration .. exsist aca ae
in case of dispute belies rival danositows .. asaevdenesewansanne LLO
duration of protection ........... sists reese suciwaeuseweyarese LILO
preservation of, on expiry of protection. ete . 110, 111
Perialvies): sfc ciccaivasssn wei ccseravarees . lll
confiscations .. . 112
GAMA GES. i55 ics aii carssiec ts euatienneouasinctsraonnsesiens deumiaenatrommmaeawe LED

  

   

assignments... aeiagluisis vepidanceaievaral aha aang Nets Meee cekeaetsny . 116
rights of foreigners penprally-. okdiooanals ee . 115
British subjects in seatlenleny sedan § on ovisions of
Anglo-French Treaty of 1882 ne ie Baha 116, 134
provisional protection of, at Exhibitions ...........0csseseeseeree LOZ
(Colonies)
HOW PPOECtEM, a acteascsdiecctienusesels cdnsedeis awseednedaenaarsavergansy LOG
Forms .......... éapesen eyuees “195, 196°
‘DIETZ-MONNIN g QL) Bill o on nti andl igrenaaiclise rates savers 16
DIFFERENCES between ae and French law of enn sais 4
trade-marks. . ciahy a vaniheeintem iene ssdeeyane ns : veces 6
designs and srigiiella baie Mishaai saauavendesie. LO

DISTINCTIONS conferred by — amu acientifie fodles sevsereee 124
DISTINCTIVE character, requisite of trade-mark .............4
DOCUMENTS to be deposited (patents) ..
DOMICILE, foreigner admitted to, abeolyett ey giving seouity

LOT COStS: cessasisensorsntniaassusenenisse im mashiaaiace eae OL
DRAWINGS

 

in application for patent .............. sige . 38, 67, 68
inspection of, see INSPECTION OF SPECIFICATIONS. |
(Non-industrial)

artistic distinguished from industrial ....0c....cceseeeeeereereeeeeeee LIT
COpyTIght Of ssesesiespectegsveenamee qedoree ei penne aesnee ALT
where registered.......csscsecssesreene teeseceeseensreeseeseescntesseseeseeeee LIT
Hiffel GOwer Cas@is secs. uassareessesetnesave rescsovecessavescarewsesceee LILY, 211
piracy . e is lll
sale of pirated Works. . LIL
PCTIANICS 0... eeeeeeseessecseceeneecnseessesercusersetretsessrerseeesreesesteveee LIL

 
220 INDEX.

 

  

 

PAGE
DRAWINGS—continued.
limitation of action .......... 112
confiscation of pirated ublications . wary 212
CATIA GES waicssaonae cnvass dis savasesiee sas var edecadievesvarvanitieemenienmice TLS
DURATION
OE PAtENtS cies ianddacecsidasnacesstvceceassde ed can avenntceadacesdacsseseswer Dy O8
whence runs .... wee 40
prolongation of ... seats icencaie a .. 5, 42
duration of patent aiveiedse patented abroad dsnide Td ownaaaiaws 52
Of tradesMaArks® ..0.scdecdecvaigeieceecied nie secaveresteecsssvesdadeessceccsean 0D
of designs and models ............ iene ee . 110
EIFFEL TOWER, pictures of, qusdens as ny jez «117, 211
ELBEUF on reputation of collective names ..........cccseeceeesecerenee 1A
ENGLISH SYSTEM, see BRITISH SYSTEM.
ENGRAVERS, communication of patent to .....c.cecessereessteeeees 3D
EVIDENCE,
registration presuinptive, of ownership of trade-mark ......... 7, 74
burden of proof where trade-mark resembles one previously
registered............0cs00- seahidaueauewenganeceas 09.
of hifin geen: of trade- cia ee SHINEE. ssedinvexgene 182
EXAMINATION, sce PRELIMINARY EXAMINATION.
EXAMINERS under British Act . sige ae  &
EXHIBITING goods bearing connteriet rien at public ‘Exhibi-
tion ........ 78
EXHIBITION (Paria) of 1889, rpeubatiins ‘qonneciol wighe patents,
designs, models and trade-marks ...........0 tcsniee 129

See PROVISIONAL PROTECTION OF Tay ENETONE: Ee,
British Order in Council relative to inventions exhibited at ... 131

preservation of novelty thereunder ................cceeeeeeeseees 131
recital of obligations under Acts of Parliament ............... 132
relief therefrom . ase . 133
EXHIBITION REWARDS, "AN D MEDALS, see , REWARDS | AND
MEDALS,
EXHIBITIONS,
provisional protection of patents, designs, models and trade-
marks at . res w esate svsweeseecenccsvavers 126,149

See EageRIONAy ‘PROTECTION, ‘ec:
EXPLOITATION, see WORKING.
EXPLOITER, sense of term ........ . 143
EXTENSION OF DURATION OF PATENT, see ¢ PRoLonGaTioN.
INDEX. 221

PAGE
FALSE TITLE of patent .. er ace . 38, 53

FALSE DESCRIPTION OF “ORIGIN, see ; Vatauny, Tice
Goons.
FALSELY MARKED GOODS,

checks on importation of 18, 84, 99 e¢ seg., 105, 148, 149

 

 

in bond.. nie sticisieestne ress LOD
See MERCHANDISE ‘Marks, "TRADE “Mange,
FANCY NAMES.. ai auvvoevamebeayTath Yaeendetcnissntardsesscetaesuee LOT TLD
FEES,
(Patents)
annuity (¢.v.).. saeiriuatonnes wsteidecdaescwiaaisneesesieeeieiaes, BD
.payment of, first | a in registration iad vqueuaseates’ 39
WHETE PAVable. vn. vacvessiescdeensisian diss deaguteetagseasbeas Semawoumne sdeeee ses 39

for copies of letters patent 10.0.0... .ccceeeseeteceeteetecetecvestensenree AZ

   

when application rejected .......... 42
on assignment 46
as to licences ...... i 47
non-payment of, effect of x . 36, 54, 55

 

within what time payment sist be aad: sedan bac aeitanaranitssineeer. BO
(Lrade Marks)

for Tegistration OL 6 vs.ssevesiesrseoasnesiecneusessedoserssosseaeiaesesesiaence OL
(Designs and Models)

LOL CEPOSIt sescaciwecesvennvsvernsseoersendernsicwiseussvenrnpanvarccses LIL

on powers of nthieney ee isimersneNsbeeseanienaetrwe “FB

for provisional registration ‘at Exhibitions smdeesmnemevned 128

for stamped paper.. tis soeeseue AO
FERRY’S (M.), letter as “to protection ‘of “British “guerehuariline

MAIS AW PLACE .00..0.cesccwosuisee sss ser eneneatonse ete viet . 23

his errors .........- isinfuass no viv aldleermapiasea ¥ale'payenined aheceats 25, 104, 135

FIGURES, sce NUMBERS.
FINANCIAL plans and schemes not pie seavacaaboswamiarimiege: OL

FISCAL REGISTRATION amen saiaraievahineweenia OO

amount of duty .. Brore {Wi viete sated: £S
FOOD PRODUCTS, patents dow Boatnctieny 42
FOREIGN LANGUAGE forbidden (ontaita) 37, 67

 

FOREIGN STATES
belonging to Industrial Property Union ......... iv . 201
rights of subjects and citizens of, not belonging i the Unions 137
FOREIGNER,
may be applicant for patent .....ccseseeeereceseoeenss OL
222 INDEX.

PAGE
FOREIGNER—continued.
his rights under Industrial Property Convention .......... . 5)
to give security in case of seizure for protection of patent

TIGHTS sssssusisevnes Larisa Slobelavacetelomainausennntedes 63
registration of tride-torke oF darsitelasleleamaaauegguSeecieeentees 74, 76
where to he effected ........cceeeeeeceeeee sees . 76, 96

to have benefit of French law on trade names, sree heinilian
and trade-marks, designs and models where laws or treaty
give reciprocity... F ee 108 ct seq.

revelation of stipatonted industrial seutet toa wee . 70, 71
registering design or model.. epee ches . 114

settled in a country belonging ta the Industrial Eianery ‘Tinion
assimilated to native subjects .........ccsecsecesceeceececeseerersneess 137

FORFEITURE,

Causes Of, OF PAbent) cciiicsisucieersaiecee cosesnsssevinesseescdsornenesesa: D4, BD
Action: 10: elect: i.cssssndsten socuyanuamivenqseus eit suaulaanememneiatoraeues 57
JUTISGICHON, .<s4icisrisieriee sends deeasaeduaviaddecabanioncemenrs 57

by whom may be brought ...........cccssssesesseetseeteeeee 57
publication of judgment Of .........ccceeeeeeteeceeeeeseeteetetseseeneee 5S
FORMS,

(Patents) ‘
application for letters patent .........:cscseeceeseerecsssces eoeversenees 186

  

  

patent by an agent w+ 187
power of attorney to be annexed thereto .. . 187
in less general terms .......... . 188
application for letters patent for an invention siren patented
abroad . ss Streatiainvisiae Aleta Gesenenne Ueddaaaitiebe savailtubenaatesinavegeaieent LSS
doecitication weainieeinon . 189
application for a patent’ “or 6 an 1 Hepovement in a a patented
imvention............0ceeese esses -.. 189
for a certificate of addition ..... wee 190
deed of assignment of total property in a peel wee 190
of part of a patent... we. 191
certificate of ie eh eGne as as eee ee - 192
(Prade-Marks)
power of attorney by British limited company ........ . 198
attestation by notary Pn of signatures of ‘ diceatons. of : a
British company ....... a bidsidgtincainedinasl sei sale pis vumevieertenvaerere, LOD
form of deposit (registration. dina oideaiay-aecasdaicna coatvawenseteeavecaiy AhOA

Certificate of registration ........s:secceeesececsseeeesessssesonescssesseses 194
ANDEX. 223

 
    

 

PAGE
FORMS—continued.
(Designs and Models)
power of attorney to register .......... wvstvanter on LOS,
certificate of deposit (registration) of Aue or w/toiiel siasnacnaedes 196
FORM of goods, protection of.. i seiquitteneae: LAO
FRAUDULENT Application for pallens, yemedy-in in case ea ee 40
FRAUDULENT COMPETITION,
principles of law Of ..........cccccecsessscsetssersssstertssectsnsuenee 18
nature of rights in regard to aide . 118
text of law thereon .......cceeeecceccecaseeecaseeseesens 118
respecting fancy names ......... sates soca LLY
wrappers, Sia bottles, axleane . 120
form of goods.. 120
family names sive 120
initials .. sivgcrboll
nnrevistered trade- mast. sadeatios wee 12]
reproduction in prospectases aivewers i sven, 121
FRAUDULENT IMITATION of trade-mark ....... wenaaee 19
FRAUDULENTLY ENCLOSING goods of trade eompatiter aside 79
FRAUDULENTLY MARKING goods .........:cscesseee -.97 et seq.
See FALSELY MARKED Goons, IMPORTATION, STOPPAGE
ON, &C.
FRENCH LAW
of torts . - 18, 118 et seq.

 

 

as to prosedents,. a ate ana: 29)
FRENCH MODE of giving aflact: 0 ‘WhennAtiaNAl diGatiae., «. 134
GERMAN SYSTEM of Patent Law.. sie 4
GOODS bearing false marks of origin, ehsekan on 2 importation of, see

FALSELY MARKED GooDs.
GOODWILL, assignment of trade-mark without co... 8
GUARANTEE, no, implied by letters patent ...........csseseeeceseene ey 41
HEADINGS, ornamental... sicnranienenniereiaa miner soerrcsiers, E17,
HUGHES (Mr.), at Rome Confarente: sanduehan, 20
ILLICIT og IMMORAL INVENTIONS sdontecaipnciwiesa cleanse DS
action of Public Procurator.. 58

 

IMITATION, infringement by, of palsies sinevatereeersteaevertaay 60
224 INDEX,

IMITATION OF TRADE-MARK
distinguished from counterfeit .....c...cccceseeereceeeseceeesceereseeeee 79
when fraudulent... Sse 7
IMPORTATION, sapere on, of oda ‘Geasing dnlse rneles ‘aa otigan

 

13, 84

M. Lockroy’s circular thereon .. “ saterarieesiermacwe LD
IMPORTATION OF PATENTED "ARTICLES |

from abroad, effect of ............0 cue 55

restriction on, removed by induiaitial ‘Property Canvention.. 56, 139
IMPROVEMENT,
taken out by simple certificate ............cccccceeceesesseetescrerseceee 4B

 

 

 

 

  

or by principal patent ............ wee 44
prior right of principal patentee. . 44, 45
fee payable for certificate.. we gee sstiecces, 4h
relative rights of original ant of improvement siaintee snugly £0"
where original patent expired .........c.ccecseeeteeeetesesseescsersesses 45
how affected by assignment....... 49
form of application for, see Forms,

INDUSTRIAL APPLICATION, requisite of valid patent ............ 33

INDUSTRIAL EXHIBITION, see EXHIBITIONS.

INDUSTRIAL PROPERTY, meaning of term .............ccceeeee 1

INDUSTRIAL PROPERTY CONVENTION,
origin Of wo... eee Lubuetenbadvemcsaevine: eyediene 20
accession a British Goverment: oe sich diearaieatcans ax 20
States belonging to ............65 tas vee 201
position of British Colonies in seteiente’ oy puserneabenoteommiansse 29
agitation in France against............cc cscs eesecssetectressecsenee 21
alterations proposed at Rome. suleeies gaara waaenes. 21
action of Sheffield Cutlers’ Company... 22, 104
English official text a translation ...... ; . 136

"corrected: ssssaseasresnses Stan trea contasd “138, "139, 146, 148

States forming part of the Winds, saareatricenbageets --136, 183
general spirit of the Convention...... cosnecas 136
sense of phrase “ Trade Name” in... mduideyinivacteaizntenemawene 137
makes no change as to security he costs | stent 137

foreigners in country belonging to the Uniow aasinilaged to
native subjects |............ sieverbanaidvaltiew LOT

goods from a contacting State sianitactuied si in w non-con-
tracting State.. des . 137

criterion of protection. teen eeeeee tee nteaseeeeertatesesersstssetstessessee LBS

 
INDEX. 225

PAGE
INDUSTRIAL PROPERTY CONVENTION—continued.

prior right of oe MUG ELD: 2caticnsideearane sasansoniverweeruieiiares LOS

 
 

  

 

limit of time for.. aisiegeecaig tae ee anes ve. 138
insufficiency of nesabions of “English Act giving effect to......... 139
<mportation of articles similar to those ane permitted ...... 139
but with a restriction ......... bianesephiwesesinsemeeaniee JOO
text of Article V., original proposition. cove 140
object thereof .. dnalteingee oa . see 140
opinions expressed at Ganterence of 1880 dhereoa via seoeee 140
explanatory letter of Minister of Commerce to British | Chamber
of Commerce in Paris .......... avithasyeesesouins sommamanaeieley LEZ
construction of, in.a ministerial eliciinn 143
_ agitation in France ap ainbt the Article... - 143
*~ sense of word “ explouiter” .......0- ies 143
marks to be registered as in country ‘ote origin. Meaviasisdstens, LAS
meaning of country of origin ........... si acsaaiceeniediie Sue taslebee curetoc AA
restriction against certain marks sarmoved. jiaitibueanncedvaniogs suasse sy ke
original text of Article VI. sialgaretsblemadans certeb'e we webumnneli@eaehae cone ae
whence taken .........:c.:: sess . 145

  

. 145

discussion thereon in 1880 .. ied
meaning of words “ duly registered ”...... aasherd satesaagseste sieairesns x LE:
nature of goods not bar to registration ........scsssceeeereeeerereee 146
6 Patent MediGingS:” svc.s.0aQeciervceesnss eeelsssneccacsosccmenvevars LEAT
French treaties in sense e of Article WIL tndebhewervercerecepemanaeaed LET
effect of Article VII. in Brazil, Spain, Sweden, end Norway .. 147
protection of trade names....... ategein penasdesicoueerae kel
trade names forming part of aus marie Wicdudidunarasesweveae Lae
stoppage of goods bearing false marks .........e+00 seeacee 148
construction of Italian Government of provaions: “aelating
thereto .. oe ices tadoaiasete . 149
Ginatraction. of endl: Goverment eaees .. 149

 
  
  
  

-- 149

provisions of Article X., whence derived ... ns
.. 149

exhibitions ........... pajajuaisue nae

central offices to be cdentoilc chan sasaszaneanesseluesdseasexeceawetesa LOO:
international office for iadnatrtal property sens sgsaeneSeausesyei: LOO
periodical revisions of Convention .........+++0+ secsesenree LL

separate conventions permissible ....... . Lt

union, how joined ....... .. 151
Tatification ........0:..e0e . 152
duration of Conventions: ieedaigiaticincbasdateecasdeniaeamatesnse doe

B.P. Q
226 INDEX.

‘ PAGE
INDUSTRIAL PROPERTY CONVENTION—continued.

Genunciation ........csseeeeeleceee ee eeice iteceseurmens LBZ
kinds of merchandise te which Gasutlon apiilies... .. 153
sense of word “ patents” .. 153
rules of procedure excepted....... sinavaceees LOD
composition of trade marks not ghetadle to Mantation seceveee 153
public armorial bearings and GecorationS ...........cceceesseceeereeeee LOE
official periodical ...........6006 ais wee 154
organization of international office... vee 154
effect of Protocol ......:.scsecseeee . .. 157
accession of United Ringdor iz Union. seenreaeewenaeny sindeicaisauts ile sete 157

decree of President of French Republic promulgating Conven-
HOT: BYANCES case acs coseted sar asteeds itiededesecwsesarie siesasteetsecste LOD
Protocol voted at Rome .... .. 204
British Patent Office Rules .........ccscseeeesssecsesseerecsecsecsetsveeee LOT

(Patents)

priority of registration granted by .........:.ccssecresrseseceeenee 40, 138
rules as to security for costs not affected ............c.eceeee BL, 153

restriction on importation of patented articles partly removed
56, 139

  

 

  

(Lrade- Marks)
effect of registration UNGEY ...........cecses cee ese tee sseenensececstetsensen TT
priority of registration granted 1.0.0... cceceeeece sere neeeeee aaeietnes 138
(Merchandise Marks, Trade Names)
restriction on importation of goods bearing false marks of origin
103, 148
insufficiency thereok .......:s:scssessssseresnecsscsecscressessesscssessenses LOB
(Designs and Models)
priority of registration granted ......ccecesecseceeesetseerecses 116, 138
(Public Exhibitions)
concurrent effect of, with special French law............sssee0e. 180
Order in Council pursuant to ........ceseeeeceeeeetseceecsetsearersenses LB1
(French Colonies and Protectorates)
applicable in French colonies and Tunis ............:.:.:0002. 166, 185
(British Colonies)
extension of Convention to v.cccciccccseccstscsestseseessseteessaree 19
INDUSTRIAL RESULT defined, seeene a «24
INDUSTRIAL SECRETS, see UNPATENTED INDUSTRIAL SECRETS,
INFRINGEMENT
@ MISCEMEANOL vewowcsanciigenctvasigesinsa seeeaensiaseertersocnacarcsere CO
Dy: HGenbee anisrasdcssavasiusnssadacsts a vastsivageanabenea’ 60

 
INDEX. 227

PAGE

INITIALS
as trade-marks .. sinew sivedoeidiees TO
protection of, mider ie as a trandulent ‘somipelition sigesovedsee 12D
INJUNCTION, what in French law equivalent to repression by 18, 118
INSPECTION of specifications, drawings, and specimens. seven 49

INTERNATIONAL ARRANGEMENTS
for the protection of inventions, designs, and trade-marks, sce
TREATY OF 1882, INDUSTRIAL PROPERTY CONVENTION,
British Patent Office Rules thereon .........s6008
INVENTIONS not patentable ............004
“INVENTOR,” use of word .......c..cs0
INVENTOR’S NAME, protection of Sante es
ITALIAN GOVERNMENT, construction “of, as er “proxions of
Industrial meas Convention payne ciel of falsely

 

 

 

marked goods ...........:scsssceesosere tesecceerree 149
JUDGMENT,
in action for annulment ........... ce csescsectetereneeseeeeeessssesearsease 5G
JUDGMENT BY DEFAULT,
OPPOSHON LO sa siscccevsce sd ciersnesesiarrevnrsecasvasssiesadessdeetacies BD
time for és 59
JURISDICTION, see Action.
LABELS, protection of form and colour Of «2... ..seceteeseecseaeetreesee 120
_ LACK (Mr. Reader),
at Paris Conference ....... 20
at Rome Conference . 26
LAPSE OF PATENT ON. “FAILURE | “OF “PAYMENTS, - sce
ANNUITY.
LEGAL PROCEEDINGS, see ACTION.
LEGALIZATION.. i ; . 39, 200
LEGION OF HONOUR, Cas é cannot pa pet of rade-mank, 91
LETTERS as trade-marks... ssid sea Wels aoieaenncd ser erasereveNiaeneaeres 125 1S
LETTERS PATENT, sce PATENT,
LICENSEE, ,
IDETINGEMEN | DY siseie ceierer se vicnsivas soutersevvensbsuteredeioronncetdirmasseras OO
Hhas no right OF ACtiON ..icsccssecsctssctesersscrscsetecsecssierecsenee OF

Q2
228 INDEX.

PAGE
LICENSE,
how granted .............+5 suniesuineseueawanaieaisaienns
distinguished from assign ment

as TegaTds fees ..........sseeseeeeeeer

where licensee to pay snnnitied
LIMITATION OF ACTION . ag meses
LOCALITY, name of, see COLLECTIVE NAMES,
LOCKROY’S (M.),

 

 

circular on merchandise Marks .........sesssceeeeeseeees 15, 100, 105
Dill thereon v...ccccceceecseeseeceees i 15, 16
Gecisions relating to .........:csscsssceseeecseceecnssssereesetserssesenseeses LOO
text OE scecccsciescadanscecvensgusavorsserietcesdekersesndekeameaiacingesenvanedt COD

MADRID, Conference of Industrial Property Union..........0s0e0e. 29

MANUFACTURERS’ MARKS, sce MERCHANDISE MARKS ......... 13

MARKING GOODS FRAUDULENTLY, see FRAUDULENTLY
MARKING Goops, MERCHANDISE MARKS, MERCHANTS’
MARKS, IMPORTATION, STOPPAGE ON, &C,

MARKING GOODS under registration of designs not requisite...... 11

MEDALS AND REWARDS, see REWARDS AND MEDALS,

MEDICINES, PATENT, see MEDICAMENTS.

MEDICAMENTS,
non-patentable as such .......+++ 34
intervention of Public Procter « galsvesenisdeeeseveay 58

 

in connection with the Industrial Property Convention, varcecsee LAT
MERCHANDISE MARKS,

laws and regulations relating tO ......scsecceccscerensressesesseeseens
manufacturers’ and merchants’ marks distinguished ..............

M, Lockroy’s circular on ........cccceeesccsseeeseeeeseeeeeenes
proposed legislative reforms
fraudulently marking goods dug uicgagtBitan cute ngage Socevauuena
selling fraudulently marked goods...

applicability of remedies distinwiniched .. arene
penal provisions not applicable to merehesital ‘mmatkes

    
 

collective names... eaiss badinec adstatiaadavassacgncedsranseuae 98
prohibition of dmiportetion of goods Dearing falés 3 desription of
origin .. a steessceseasecseenss 99, 106, 148

 

conflicting constructions ‘of ‘the lee: asbeseene sseareneee 99, 100
INDEX. 229

PAGE
MERCHAN DISH MARKS—continued,

foreigners to have benefit of French laws where shane is reci-
procity .......... te treteetsestsateerseresseeseeses 103 eb 80g.
falsely marked goods in vieod singaive Rasen - 106
insufficiency of Industrial oe Conv! ention , 103
the mark “ Sheffield ”. sadositeaseesaeawanscavensnees sevnee LOL
treaty of 1860 . aldseie rs - 104
provisions of Aziglo“Wrengh taly ‘af! 1882 plating ‘thereto, “108, 134
Industrial Property Convention thereon .........sscs sees . 148

(Colonies)
protection in French Colonies.. a -. 166
MERCHANDISE MARKS ACT, 1887, effect ‘of under renlations
5 to TECIPTOCITY «00.2... seecescaccteoseeecenestecas 88, 105
. MERCHANTS’ MARKS.. say siiiselaiatnen ais ¥s 13
penal provisions not applicatile: ti as sapvduceneesenvens 98
MERITS, no examination into, of potent.
METRIC SCALE, obligatory .. oa wissen 38
MODELS TREATED AS DESIGNS, see , DESIGNS - AND ‘Mopets 9, 109
MUSEUM,

PATI) 05; joinucnnoaesvausvonibivarexearuiaetien wapeanaanaaaey | (60,92)
Lyons ......0. sadauiiehs sdestdodimesameiuinssdtasescauaies LLO
MYRIAMETRE, ican of Jane waned ren aadeRaR NDNA ARES MMERTIREELL OUTER 83

 

  

NAMES,
trade, sense Of teTM ........-sececssscressscrarsstssescssetsecrersnsese 98, 137
Of places aS MATKS ........ccsececeseererteceatsesssesssecsetrscsesses 7B, 9S
POL DO UE sscassiscoveidonta via seid cdideatausvienscasuamrsarecenuassencnce TE
Lyons ........ ons fos te eaeereainesaacde: CS
5 RUNG NO aR OEE 98
CORNERS cacccsssscscensrnsissieinnipecescenpemsecostoorniin wamecasencis 98
Sariterne. dca ares weetae ath 98
“ nouveautés de Paris ” “S01 106
of French manufacturers andl tons procected ‘by prokibitlon of
importation of goods bearing their names . verseee 84, 99, 100
laws relating to, foreigners to have benefit af, if Jame or treaty
Grant TECIPLOCity — ...ssecsssecesesccnecsseteectstessrtessssecrseees LOS
patentee’s MAME ........ccccessnecescnsenecscenettececstetesensesscsscsestecses LOT
UNVENLOL’S DAME .......cereceecsceneceecserrecsesscetcescssereesecsesscscaees LOT
independent of patent ......ccssersssscrscrecrcersrererecssersorceescsessee LOS

 

 
230. INDEX.

PAGE
NAMES—continued.
fancy names attaching to patent boiuiesdeenl terete aiinee LOF
independent protection Of........::sscsessesseseeseereesesccsscsssrereee LID
where name forms part of a dridleanate se - 147
NICOLAS (M.), at Rome Conference ..... wee 28
NON-PATENTABLE INVENTIONS 34, 52
NON-PAYMENT OF FEES, effect Of .....ccscssesscceetsetetesreteerees 85
“NOUVEAUTES DE PARIS” oo... cee ccsesseeeeseeeseeneneeseeres 101, 106
NOVELTY,
requisite of valid patent 0.0.0.0... .ccsceecesseessecreeee BB, 34, 52
definition Of........00.6 scene ... 34, 52, 53
no examination'as to.... weeitendaies
NUMBERS as trade-marks ............:cccesesesceneceesecerereeeeeeneeseaneeees

  
  

wae: 2
72

 

OFFENCES, see PENALTIES.
OFFICE, for registration of patents, téatlemauke designs, and
models, see REGISTRATION SEARCHES. ;
International, of Industrial Property Union ................. 150, 154
OPPOSITION, to judgment by default, within what time can be
entered .......... 59
ORDER IN COUN CIL, Briticn, relative: tas inventions s exhibited at
Paris Exhibition of 1889 2.0.0... ...ccccceeseesserseceeceessenees . 131
ORNAMENTAL HEADINGS ... . 117

 

PATENT,
nature of. . disvialeyigectuattd epinbiliashe dpigndedentenetdedaudenvaGrecenesesaadece oD
when can be taker out. ccegey OD
POP WAG NOt ids cviscscssres qesclasejsiendeaenga ie sdueleaurieereiaees sasuee tegee nes, OBE
duration of . slib-siansse Auwiosewenshnewevenes 9D
duration of, sehen alnsnay: salen oe ‘abroad, wdseeseseeaeowinecnss BO!
prolongation of duration of ............06+ sutnstaucbewescesns. Ao
communication of, to enpraverg ‘anil Mehoerapivens si see 39
COPIES OL cmiciscssronimmdeevneate meso mineeneenes AZ
HOES LOW secretes, tomceeeoNaiiadussivlaer asisversnredsessesecsvaveureeeoacenciaces, AZ.
for £00d PLOAUcts .....eeesecceeeeessececssntecsecsesessecseasenesesneee 4
when void... Miaseen Japan aipaaenraaneaedginaiueeianun ys “De!
descriptive appellation follows esent wisest osrsesveevens LOT

 

 

     
INDEX, 231

PATENT LAW,
different systems of .
principles of French . inetd :
enactments and regulations slating o and retorts ropote.. he 5
PPOVISIONS OF 5.55; dsserse lun ces anes weanaa teabnasiaxssseteaeey . 33 et seq.
industrial application aenadiea shaeeiberleeen sade neentsaae enews: 3B.
prior ee ve 33
novelty .. os ‘ 84
bare pencinlices tian eceaet we BE
non-patentabledaventions whapesbege sens satsiGed vag sos etagadncrsaaieses: OLE
medicaments ..........004 dncsisane 34
ministerial instructions as 6 ieuspalenable javention
uration .ccceseseeeee
fees payable........ ai
effect of Nighapagzacnt ah an neniniie
mode of application... sana SesiaaeenvanuG tuk teaiey aceceleen
who may apply for tetliecs butent a
application by agents ......... 66
documents to be deposited ... saceetavassseves O06
SPCCHICALION 0.0... ecccececeeesneceaeeeceetssesscseasssesssecteesssD]y 49, 50, 67
drawings .......... isahinincnias \Me@demabamuahsacians deere amnteceaevereute te te
metric scale Siligateny: as ...38, 67
explanatory notes . 5 67
documents to be signed ey applica .. 38
erasures... dhaiuie es dhaaedewaseesensend ieetiaeeastadaareas te bweseteeacen: IGT
effect of rescrpidinne, aORSTATE euieeeneerana ena rdh uaancmaenavertteatan. FBO
false or insufficient title Leite agi ciimeieaita a sat saed sedan dnesiales savesssay OO
photography not admitted . whiafesie a Hhbeganbatesee seeuetit CO
communication to engravers ae Iiehographions seen 39
payment of fees first step.. 39
deposit of Sedmbn Gage . 39
fees where payableissessssesesscwscacancvsnrecceressarreeereassnessssersccns 39
priority of right .. soot siiease nieces BD
remedy in case of Fouad or abuse of feast. 40
extension of time under International Couvention.. 40
whence Curation TUNS ......cceseseseeeseseeereaeeteenente 40
delivery of letters patent .. scguientacks 41
no eee aeantinggtion or earaniee:s. piiisdsearcsteleaeisseaee AL
FOS LOL COPIES ssecesscssssiciss sessasaaveisererncianosnerereaeereemgeprecece 42
articles of food stteeeeeteeceeterteccentetsetseesssestaarersesecsersaseees £2

 

 
 
  

67
35
36
66
37

   
  
 

 

 

  

  

Basie, 35
232 INDEX,

PASE
PATENT LAW—continued.

rejection of application. .............csecesseceeeeesseeeseetettetrectereesses AZ

 
  
   

Official periodical ........c..ccseese ese scence nanos 42
extension of patent ........cccseseeeseeseree eee ee . 43
improvement certificates . 43, 49
fee payable therefor ...... 44
improvement patent ...... we. 44
principal patentee’s soir ight seiaateleveneerienesesamaaescn AE
formalities of assignMent...........sccecsestseesecseeterssesenseeeeeterenes 46
licences.. re sanedtuanl dete ton teva atianereriaciene “LO

form thereat aptionnl.. aqdldinidte deseo d vimraiegneoimmpareaaatnesiedtinn Fe:

Fees ...eeeeseee secon 47
distingaithing deatiinea. 47
registration of assignment .... 47
assignment executed abroad ..... non AE
registration of assignment executed abenad 48
‘form of power Of AttOrNey.....cceeiecseceetressecsestessessstseesessetene 4B
ministerial instructions as to aeieenie ssieaneniecewceriscces, 2B
centralization of assignments ..............4 sicpensesngey 4D)
rights of assignees as to ceatiticstes of eee wee 49

copies of certificates of improvements ......:..cececeteeeceeeeeeseene 4D
inspection of specifications ............sccecssereteeeeceettsecseseeseeeses 49

 
  

    
 
 

copies thereof ............. 50
catalogue of patents ..... 50

inspection thereof ....... ; 50
specifications and drawines ete expir fred niente. 50
foreigners under International Convention ...... 51
security for costs ........... sala Gieshavcavenscsnd, DIL.
duration of patent already pateuted ‘abrond., Weasiveneaisvecccee OQ
want of novelty ........sesecerevee Bas eect ane eds CBO:
inventions relating to bare mrineiples sistevendasiierhieetactosraren BD
inventions of an illicit character  ..........csccceceeeesaces tosceeueccees 53
fraudulent title .... , 53
insufficiency of specification 53
publication before nepletontion defied. 53
forfeiture of patent ........c cece eee see ees 54

for non-payment Of £e€S ......ccecceeeeeseetseeteeseceottecretsecses BA
for failure to work patent ........... sisteeeretseses OF
for importing patented articles from sheets siebe(elepisiscienss ve 55

PETMItS tO dO SO issessssessrerseese seererserseressrsereresesees OD
INDEX, 233

PAGE
PATENT LAW—continued.

causes of forfeiture distinguished ..........c.:csccsssssssssresssuscees BD
sufficient working defined sis edu ve eeviearssteseresaseestess OD

Industrial Property Convention on Importation of Datented
articles .............. wiecrsieneae O06

penalties for mis-use ‘of rei " “patentee” andl as io 8. £. a B. 56
jurisdiction in patent cases . gases eis tee arennseienee: DE
where to bring the action.......0...ccssscsecsccsstsssssssssusessiee BT

procedure............. aes Saicalinssisavaakp textaedennaaae nied: “DK
intervention of Public Bromueaine... srsaadetipiongniediineaastedeeas “DO

publication of annulments and forfeitures adcvesnerranyevsaueslingadee.” *DO
effect of annulment ........... 59
Judgments by default subject “to opposition. 59
time for appeal . ; enwseniesye 59
nature of appeal to the Gontt ‘of ‘Gassation sstooussweraitiasacwetesns. | BO
penalties for infringement ........... cscs teeeseeertteceeteeesenses 60

Dy VCOMsO Gide os readies iasatonsesvandeansamsaesedadcadiasecanmumacs 60

 

   

by imitation....... icine 60
damages in correctional proceedings. eapaaiy aerial 60
prescription of right of action.. seoinbnrimeaaes seems UOL
accessories ...... SHG Nves vmware) OL

61
61
61
62

penalties not to ie ‘gumialated.;
repetition of offence .. ae
special penalty in case ‘of eamtoyla ws
moving Public Procurator ............+
exception to ordinary procedure .......... - 62
licensee has no right of action...........c:ceeereeeeees 62
seizures of counterfeit articles...........ccseeeeeeeeceeteetreeseeteereenes 63
damages for vexatious proceedings.. 63
security by foreign plaintiff............ 64
confiscation of counterfeit articles... wee 64
teMpoOrary PLOVISIONS........6.60.cesecsecseeeecsscrereetteteceeteeseeeeee BB
TEPCAIS oo cccercovecsscossrecsecersesessrstecsserssaretescessrsseesescesesssies 65
(Colonies)
patents taken out in France, validity of in French Colonies ... 160
formalities .... doje bab sdb us de aleteneaedeevads deaariweiameaenaenensss 260
centralisation in 4 Parts .-- 161
assignments .........0.s0e- os 161
GUTISGICHON ......sceccsesenteecnsceseecrrtsetsersestecssestsssseseesesesees 162
(Algeria)
Algeria extension Of France........ssssescseesierseneissesecee 163

 

 

 
234 INDEX,

PAGE
PATENT LAW—continued.
(Tunis)
law of Tunis, see TUNIS.
forms............ . sescoscecvcereee 186 eb 80g.

“ PATENT MEDICINES,” ” see » MEDICAMENTS, |
PATENT OFFICE oe rules of, ee to International

 

 

alrangements ..........06 2 Seen err . 197
legalisation of docamants of, “fot, sutadinwisesageatadaeeiseusene snes OU
PATENTEE,
who may b€........0:cscsseeeeee gat anede Secneeaae~ OG
prior right of, to ‘tale out coniboates. of anicikig gh wee 44
penalties for misuse of terms Of .,.......:.cspeeeeeeereceene veces 56
right to title of 107, 108
protection of name of . wee 107
PATENTS MUSEUM . ..- 50

PATTERNS AND SAMPLES, ioined: i ‘application for about. “68, 69

PAYMENT OF FEES, default of, in case of patents, sce FEES,
ANNUITY.

PENALTIES,

Patents,

for infringement ...........cscceeseetsesseceneeeescseecsscaqereeeee 60 @f 80g.
not to be cumulated ivgakcusshsenasancn? OL,
where offence repeated ........cecescseeteceressetseseeerecretssessseeenee OL

 

when offender an employé ..eccsccsccsseseseieiecssnenee OL
Public Procurator must be MOVE ........ cesses eeesse tse seeveetsenrereee 62
for misuse of term “ patentee” .......... spredenecaves (DO

or omission of words sans garantie du pane sney dasosieesanves, (DO:
Unpatented Industrial secrets,

for TEvelatlon Of  siccvencsiseediccsisneaincivasersdsrveuenserdsancrce 1071
Trade-Marks,

 

for infringement of ............. ttaviaeesteveicensoe OT
bona fides as an excuse for .... . 78
for imitation of . tendlesiones sis dicigesidynienoniaredtadeedogedsee ED)

for selling goods fentlalenthy mated Liginuerdiieniinttabdcoieeceae 00

 
 
 

for not using when compulsory .. 80
repetition of offence .... 80
not to be cumulated .......... 80
extenuating CITCUMStANCES 20... cecsecseece ete eee eee eteeceeene 80
' publication of sentence ........cce cess eceeeetsssseeeees 81

 

Confiscation Of ZOOS .........scescscccsesscssensessesseccssccatessacsensseees OL
INDEX. 235

PAGE
PENALTIES—continued.

Merchandise Marks, §'¢.,
fraudulent marking ......... diatiawad saaceabadeqeawasdcesacevianudees® Ol
selling fraudulently imeakedl goods, pubenadienawac supeeaucwanen aeeabseceania 6
Designs and Models,

  

for infringement or piracy Of .......cscceeeseseeeceeereeee 111, 112
for sale of pirated WOrkS ........cscseesseceetseeeerseeeeeerereoees IL, 112
Limitation of action. ....s..cccscecesicaasseissoecencecissesseviteceese 112
confiscation of pirated articles 112
damages as eTeceimawabhalakaaekactaveee es wet tHe 112
Exhibition Rewar ie ana Medals,
for not conforming to law 1.0... ccssectecesssecseusecscnsenses 123, 125
CONFSCALIONS: caissasssseasnsiansievedectens seicisusivencad staceninveaveses saniedeneaees, 12D
PERIODICAL,
official (French) .. isis . 42
undertaking to pabliehs oe ‘Yndiostelal Property. ‘Canrenition 154
to be published by central office of Union ......cceseeeeeeee . 156

PHARMACEUTICAL PRODUCTS not patentable as pels serene BE

PHOTOGRAPHS not allowed to take place of oe in eee
cation for patent ...........++ 68

PIRACY, see DESIGNS, DRAWINGS, ‘Now-InpustR1aL.

POWER OF ATTORNEY,

  

PULCRES 55 ohicis sai sothinantiseamian Saneateeon csi aaa dee anes Mises enmeeRee AS
Trade-Marks
INStTUCHIONS ASLO. saatcnipeiecviwendepeee ee veertiesidinesgurebetnecentsees. O82
Sce FORMS.
PRECEDENTS, force of, in French Law ......:..csescsessessecretsseees 29
PRELIMINARY EXAMINATION,
Patents
resolutions submitted to Congress of 1878 as to .....ceeeeeee 2
none under French Law ........sseccesecseereceeeeseeeens 41
except in case of articles of food 42
Trade-Marks
no examination into merit of before registration............./... 74
PRESCRIPTION, see LIMITATION.
PRIOR PUBLICATION of patent ........ SER MSS
PRIOR RIGHT of patentee to take out artifieate of addition eet 44
PRIORITY,
of application for patent, effect Of ...ssssseessiceecececes 89
remedy in case of frand Geshe deen. 40

 
236 INDEX.

PAGE
PRIORITY—continued.

of right of registration granted by the International Convention oe
13:
PRIVATE ACTS prolonging patents .......ssscssneceseerrnee 5
PROCEEDINGS, sce ACTION,
PROCEDURE,
(Patents)
action for annulment or forfeiture ........scc css sseesrerseterseesee OF

 

 

 

 

 
 

where damages claimed in correctional .. . 60
for seizure of counterfeit article ...........sc:ceceeeeeeeees ~ 68
tules of, ree from ee ot Industrial Property Con-
vention .........4 sedaveverdtanvveneciaceae LOS
PROCURATION 8, see POWERS ( OF ATTORNEY. :
PROLONGATION
of letters patent .. aiciaieres She wee 5,43
how obtained . a 43
cases in which prolongation has ‘heen grated. shanuemeenmmen, (O
PROSPECTUSES,
where registered ... anes shaguwaine Ae
omission of words “sans Seuraniie ui gouremement ” i 56
improper using of term “ anid we viessee DG
imitation Of ......eceeeeee jepuianunslenuctacusladessenenceuvasyaunsse LO
infringement - a tesdeaend 3 IDs cask euseere sen geaaieaetcaies LOD,
mentioning exhibition medals, be ID saves .. 124
PROTOCOL of Rome Conference ..........0+:seeeees « 204
PROVISIONAL PROTECTION,
of inventions, designs and models at public exhibitions sesceseee 126
Old law thereof ......ccccssecessesecsecceessesses ceeeeatscerecrscssceseses 126
origin of new law ........ ewes 19.
provisional certificates .... wee 127
rights thereby conferred .... wee 127
limit of time for application therefor... iiaraviaverwncrea nse ALS
specification..........+ Jcastasvieuad sew iaeagn\evinge LOO
public aiapachion of pioriiignal ‘Géertiicate:. aieairaaieners . 128
special regulations in connection with Paris Exhibition ‘of “Ig89
as regards patents and trade-marks .............cecseeesereees 129
designs ............ eaetie taviissmeve LZ9
concurrent effect of Industrial, Property: Convention, .. 129, 130
exhibiting to constitute working under Act of 1844 ...... waueeue’ 130

 

Testrictions as tO SCIZUTES ......ccssceeeceeceesssceeceectotsetscinesescsesses LBO
INDEX. 237

PAGE
PUBLIC HOLIDAY, when last day for paying annual fee falls on, 136

PUBLIC PROCURATOR,
his intervention in action for annulment or forfeiture of

patent .. aban saad eianPaeooag mia uibvignawesa asa ODO
in action fe inflagement of paren. sists sauadeaadessees (OB
where falsely marked goods are stopped tg Gaston .. 84,99

PUBLICATION
OL DEW Patents ccccsassoredenoissrreoecusscaseossseraieraedeeadseseraesee £2, 00
of annulments............. sidvisistalauernannenicmce 58

See PERIODICAL, CATALOGUE,

PUBLICITY prior to registration... sab eiaadsssrer ens srouvernes DOy OB) OF

QUEENSLAND and the Industrial Property Convention............... 19

RECIPROCITY
under Treaty of 1882... ans winonae OO
French Jaw in regard to trade ond: isuchanene’ ° marks, trade
names, designs and models ........s:scseseeeseereeee - 103 et seq.

REFORMS (Patent law) proposed in irate
(Merchandise Marks, &c.) ..

. Let seq.

 

 

 

REGISTER of assignments of pibentel siuplacactoerstimatiricericins, £0
REGISTRATION,
fiscal, meaning of, as distinguished from ordinary British
sense . sivas wane sek eceeheshteusansteeiseeeencreede OULD:
amount of duty 0 on Cincuaeirien tess eeauaueratuaccunetiegsiaabsiegenaesee 40
on powers of attorney daegeeiweiumraasenseteveaamnasece: CAD:
REGISTRATION OF PATENTS ............ . 41
of assignments of patent . 46, 47
unnecessary in case of Hoented:, dies Walesa seaaneneoes AT
fees in respect of, see FEES, ANNUITY.
REGISTRATION OF TRADE-MARKS,
EPPA OE coc assetacerlosatd vinnie Sawada eb gs Sedan atau nate eae nawessagteneea Oy ee
by agent . ssctenga AE
by foreigner... sc cialgs bide avenvsvasseaemetacastediateeatardoceesentnraare ns W706
when to be effented . arr seieviadeegnner LAY TO

prior right of under industrial Property’ Convention teasercnseacese BB
REGISTRATION OF DESIGNS AND MODELS, |

nature and effect Of .....ssescceccecerecsttssssectetssensecteressecreees LT

MOE OF ..rrecsacsceresecees . 109, 113

  
238 INDEX.

PAGE

REGISTRATION OF DESIGNS AND MODELS—continued.
by foreigners ........... wababensiheea tad seseor LITE
exception in case Bat Ttalians ond ‘Keaveane.. ited . 114, 115

   

rights of foreigners ........... wee 115

 

  

of British subjects in pattioalee sevee 116
REPEALED ENACTMENTS (Patents). ........cccccsecsseereceeceeeeersee 65
REPETITION of offence, penalty (Patents) .. seta sawerne wietesuminocmcuen: OL
RESERVATIONS in application for patent, effect of .. 38
RESOLUTIONS adopted at Congress of 1878.. ‘ 2
REVELATION OF INDUSTRIAL SECRETS, ; see ) UNPATENTED

INDUSTRIAL SECRETS.
REWARDS AND MEDALS,
restrictions On use Of ..........sssesseeresecesetseetetsssseesscssaserecens LOD
what is an insufficient description 68, : wiisee 128
penalties .. es 128, 124, 125
to be ee in 1 connbelicn with anticles for ‘which ‘obtained a eeiige 124
distinctions conferred by learned societies ..............::c0:ceeeeeee 124
GCONASCAM ONG. 5336.0 esiascusdaaseaandaacnmanecdtadesteaiemmenrmescccevbiwe sc LOD
(Colonies)
above provisions applicabla to colonies.. sieve dueaiasienavaigleges- LOG!
ROME,
Conference on Industrial Property..........ccccseeeteeeetecsenree 21
proposed Protocol adopted ........c:cssceccesssessessecsesecssssssenses 2OE
SAMPLES and patterns joined to application for patent ......... oe 69

“SANS GARANTIE DU GOUVERNEMENT” aa . 5, 56
“SAUTERNE ” protected as place of production .. seed sere
SCIENTIFIC BODIES, distinctions conferred by...
SEARCHES ;

for current patents .........ccscscteesssssecteetetsecteneetrecsterstseenee 4D

 

 

notice as to.. seni 169

expired patents... es . 50

for trade-marks . os idiestieh 92, "95, 96
See CONSERVATOIRE I DES | ARTE 3 ET ¢ METIERS,

for different kinds of industrial property generally ............... 150

SECRETS, INDUSTRIAL, sce UNPATENTED INDUSTRIAL SECRETS.
SECURITY FOR COSTS
to be given by foreigners unless admitted to domicile ........... 64
IN CLVIL ACHIONG! sie css ses casescesisletisaveeee sceneasvassasoseer ands dacensana andi sis 51

 
INDEX, 239

PAGE
SECURITY FOR COSTS—continued.

on application for order to levy seizure of counterfeit articles
ee dusagaesaeeses dees suermeitornmibersanmees OS
where lodged .. danineadiereedsaiaancad’ ie ve 64
on seizure in case eof ninfvinganeent of trade: cinek tetececssereeee 83
Industrial Property Convention makes no change as to......,..... 187
SEIZURE

 
 
 
 

 

 
 
  

of counterfeit articles on infringement of patent ..... v. 63
obligation to bring immediate action thereafter . we 64
security to be given ..........+ decdaiesiuecemmemusetess 6B

in case of infringement of gadesiniarlc sdtinombaartarees 182

PLOCed Ure CHETCOM:. desscaveriecerstsessiensne resists vaceneraae 183
security by applicant .. eeaeals : 83
special regulations relating to, in n donnertion: with exhibitions
at the Exhibition of 1889.. Scesies - 130
“ SHEFFIELD” asa merchaniites: maT, proteation ‘of j in eMyenes: ‘22, 104
SPECIFICATION.. ase ialeshs le Vneinvlalipg a selde Meu@isaapesamaaetgongucsberieauzel SOG

provisions as —- er ciinnieetedaacindsuicn . 37 et seq., 67

not to be in forel gx Tepeoapes sins . 37, 67

to be according to metric geal: ae 38

and in ink 38

AMENAMENE OL. csssecosccnnsesieorsvetecsesssecsrsicnesesanieotmerdiacsacsasne OF

accuracy of, not ecaaained . disidiocies oaceninas taadelicsmetedonteas AL

inspection by public of........ 49, 50

insufficiency of, effect of . conseais 53

administrative, ‘anteaters as ste. form a 67

provisional, in connection with protection at Fantblie: Tixhibitions 126

See FORMS,
STAMP, special, for trade marks...........s:ssserecseeseesserseesree 85 CF SEQ.
STAMPED PAPER.. oe senee TD

STOPPAGE OF GOODS, sce  TMPORTATION ‘or, ie LOCKROY’s
CIRCULAR, MERCHANDISE MARKS,
“SYSTEM OF,” or suivant le systéme de, use of words ............... 108

TABLE OF CONTENTS o..cceccscsssccccsscceeseecescsecsnsessrseegaeenectnes ix
TENDENCIES of patent law reform ....... ds Wideewiesleenag vatveaests
THREATS OF PROCEEDINGS, see DAMAGES,
TITLE
of patent must be precise......sssccssseneser teres enecnee BT
{msufAciency OF ...csoscsscsssteccetecsteteescseseeneessees BS

 

  
240 INDEX.

 
 
    
  
 
    
 
 

 

 

 

PAGE
TITLE—continucd.
PAISIEG OE cis sacsewe seuss novarviani ned onan annccsis Gua bea enaleaie Sums Sahennest denen tes
amendment of..........
TORTS, French law of
TRADE-MARKS,
laws and regulations relating to.. oe Darturaccueamiacen, OC
differences between British and wieneh awe “2 searasiscsanssacanese —O
definition of.. a 42
where cominnlagie, Seniss ' 72, 80
distinctive character requisite wee 73
ownership of... aoa nieass diaglivstadeadasbagieneisareaseccasacates dee ee
effect of registration as st: Aeadassinenies diisiutucuessseremaaseae OE
difference between registered and autegistered ae re 74
no examination of before registration ..........ssseesee siden 74
registration of by oe 74
by foreigner..... i 74.
duration of ...........000. 15
property in independent iat 75
Counterfeiting ........ ces eceeeeeceeee 17
meaning of . sadassneaisaiaeel wee 78
Dona fides AS AD CXCUSE 20... ..cseeesecesevetseeserecnerteececscnsesres 18
“sing” divtinenished .. geidate Socanmana cbaveaenabacs .-78, 122
fraudulent enclosing of soos ., 2 . 7%
imitation when fraudulent ............0+ 79
burden of proof .. seae? “79
selling goods fraudulently m ere sisehiibiaghaeniidmaroae 09)
confiscation of goods, &c. . Oe CL Ca 81
jurisdiction ...........ce00 82
damages .... a - 82
evidence of enfin pemien x 82
security in case of seizure. wee sea 8B.
prohibition of importation ‘of ose ‘beating ‘Brencki vital seve 84
special stamp fOr ........sceseesecseceeeeceteteeeesssstsserttecstesesssaee OD
puncheons .......... veeesee 85
French consuls quilified te vapor Bt on jeragdclants ni use of Brenck
marks .........00. se seluntbiionsmassanice tee OL
foreigners to have KeneBt of Pravich laws. scadeseriinsaerensiauast OS
rights of British subjects .. S58 88
registrar to refuse to repletion in peaeiaini cases . - 90
to warn applicant in others... abana visheiewerowsasesle ea tieateaainiene 90

 
INDEX. 241

TRADE MARKS—continued.

appeal from registrar........cccccsssececssecrecretsstsscsestesssssetsserecses OL
where contra bonos mores . siesta istnaesednecncy: OL
Cross of Legion of Honour mot to be fosed 2 as a se Lie witensareneterinn 91
formalities of registration ............:scecceeeesesecseaeseceeeeeeeees
copies of certificate...cscsscsssses.
fees of registration, &c. .........
searches .. | sate
foreign applicants, where to eogieier ie
BEATCHES sesscise sans stars singer veageensestitvesnes ‘ais 92, "95, 96
unregistered wrist ee cisestesves, 121
provisions of dengio.Wrenelt Treaty of 1882 xelathag: toi; ee “134, 135

(Colonies)
enactment relating to Colonies ...........cseeeeeseseeeceeteeeeserestes LO4
centralisation of registered marks in a sisted gitieeatuccsseeeeevanees LOD

See FORMS.

TRADE NAMES,

SENSCHOL LETMN: a scssiesteanenyenrstomceoestesaarernrseoneaannmaere wares LBE

Taw a8 tO ..eeeseeeeeee Sissceeuavbariigeiceen tanta tnceecmectes OT

forming pare of trade wine, sanneas sieete Guesouaeaicach apanaeeesteauer LAE

See NAMES, MERCHANDISE MARKS,

   

 

TRANSFER, see ASSIGNMENT,

TREATIES (French), mode of giving effect to . cine . 134
TREATY PROTECTION, distinguished from that ‘of aun: las 77,
105
TREATY of 1860, construction of .. weenie sesecseesensee 26, 104
of 1862, concerning position of British Camparies 4 in France ... 202
of 1882 . aidames svseseerseee 25, 88, 103, 116, 134, 135
provisions of, acting t tradiesmuries daseainesictipbnt siteee . 135
merchandise Marks.........0.ceccecettessseereesesetsetsecsecsee 185
Gesigns and MOdelS ...eeessiscsesseceetsectetsecseesettetsceserees LBS
object of these provisions ........... oa aes wee 135
effect of English text.........ccscsscsssceesrecseceetsscsersenseereeees 135

 

TUNIS,

(Patents),
principles adopted ....... Dubiuuuseeoaeameaeuicanain accesesies kOe
novelty .. “a iva sin sesseteeeeee 168
teon-patentable inventions sagnapeiutaserencieerenssiiaaraccetaaninene, LOB
GiPATIONS 55 vi sesins savacais saracdionecthanigecerenvanresimapemicdetecinmmste, LOB
fees pAayAable.....csscscs eu ecsseeesecse erste eeeseteeesceies 168

B.P. R

  
242 INDEX.

PAGE
TUNIS—continued.

entry of applications ........s:ccccesscseseseneceeseecesnnacesereceneraeesnees 169
language to be USCd .......sscccssseessscnescceeeessscusemtecneeessesteeeres LTO
Weights ANd MEASUTES .......ccceseeeeceeeten tener ect ceeereteeeeenerseeeees 170
first payment not returnable ... sien AU
publication of panos stoi wee 171
OPPOSItIONS .........:eeeeee essere seine aD
delivery of patent . itvth eaveieroereceanes Sea eieooeaansecees LTT
rejection of application, . ssstsdhpiesntidveraeamieerascanasas LIL
procedure after apwosttian, entered, seamed sesgeces LIZ
patents granted at rt tisk anit witkont ‘giciranitea eaves 172
certificates of additions.. Kcgueaetedeabuterunhiestsaswiinccasdesoecestaue Ake,
alterations givetis ioe zee se sesiat sietaudshoawriecttedantacnonioevseeseanicas Ede
IMpToVEMeNts ...........ceeseeseecsereeseecsststcsersecsscsertessessesseeses LIZ
fee payable .. yale as saeiaunctis wee 172
rights of assignees | as repardd additions, &e.. wae 174
principal patent for improvement, &c. ...........- see 173
principal patentee’s prior right . apiece dias (iecnavouzcenee NO.
as to conflicting interests eanmacisd, thorn secaceseviewoseseate LTE
formalities of assignment .. . 174
register of patents .. ae . 174
copies of certificate of addition a .. 174
inspection of cet aaa MO> vc srannsriaidsnenennanninmeniacd ATE
COPIES THELEOL co .citveeceseseiaesidensasunisaierncde canada ves LAG
_ annual list of patenis sug usiedsp baeacd di adaaitavend dea sk avtede seraarmesaeraesans 2AD

cases of nullity of patent owing o.
want of novelty .. Kreecentian satus aibilelactvavercoiamioneiae Wade
invention relating 6 Maes principles .. vongawe canes’? geimmededannas MAE
HMicit: IDVENLION. actin cscs a ecioayiapsicensaagprvareeeguveserdeenssenmeneses AE
Fraudulent: Tle: joc 2 cease secs wscissnedsies cease aves slenidlassian vgs eoaineamseates 177
insufficiency of apeciiinations,, eis nig ste we ATT
publicity before registration defined . . 178
forfeiture of patent fF ..........cceccecerccectescssesetseceesseasecsereseee LTB
non-payment of fees voc .cssssasievevscaaccecssrecswerosiesrecnerceseeesee 178
failure to work patent: gate boayianes xf .. 178
importing patented ee from abroad . .. 178
misuse of word “ patentee ” sace es AAD
obligation to use words “ sans 5s dae en da. gouver nontene®™ Be esas 179
jurisdiction in patent cases . aes Wechivareosunteesereent che
publication of annulments oad forfattares: aaiini sseccare segaigteetdee LCD)!

 

 

 
 

 
 

 
INDEX. 243

  

‘TUNIS—continued. fae
procedure.. ry disaatidelansanesel suasuisaveeasanniee’ LN.
intervention of Public Browonitor . ASS ae une aeaeesleneadagnaanoeediwoneaes LOO.
penalties for infringement . s+. 180

not to be cumulated .. . 181
accessories salaadase 180
Tepetition of efines, adindwsbaavaie sais aseity 181
special, in case of employés ...... stevia raseaenetes 181
moving Public Procurator......... 182

seizure of counterfeit articles ........sccscssecsessesssesesssoteeeresenes 182
Confiscation thereof .........csssesetessecsecseteecnscsesseanesscessesseses 183
temporary provisions.. ae Votuiddiuseebiasiad auetaadeiveostee LOO
(Patents and Designs at Hohsbeteensy
provisional protection at exhibitions for patents and ashe . 175
rights conferred thereby, limit of time for a caine vee 175
inspection of, provisional certificates . atest setinaiassrnisaecan: 200
delivery of certificates gratuitous oo... ccsseeestecseesesreceeseneees LTE

UNION, Industrial Property, see INDUSTRIAL PROPERTY CONVEN-
TION.
UNPATENTED INDUSTRIAL SECRETS,
not protected like trade-marks independently of registration ... 70

but enjoy protection against revelation by employés ........0000 70
revelation to Frenchmen and aaa eee geuer OL
penalties............. sanesassreamonicesaccennee “10,71
UNREGISTERED TRADE- MARKS . ne wee 74,121
USER, fraudulent, of trade-mark distinguished sasiimacinns @8,d22

 

VEXATIOUS PROCEEDINGS for infringement of patent ......... 62
VIS MAJOR as a ground for non-payment of annual fees........... 36

WAREHOUSE, public, see BonD, &c.
WORKING PATENT,

 

in France a condition of validity ...ccccccscecctestrcerrtserseeeennee 5B
sufficient working defined... ie 55
when good and sufficient cause efor not onein i 59

exhibiting at Exhibition of 1889 to be reckoned as a wouking, widen 130
244 INDEX.

 

PAGE
WORKMAN,

when infringer of patent .. sane idtviveer eesmerwstneesy: (OL

punishable for revelation of industrial eeesotl ¢ 70, 71

WORKS OF REFERENCE on French law of Industrial Preperty. xiii
WRAPPERS,

of trade competitor used for Spree) i a aioe 78
independent protection Of .......:s0esee saeeapasaseeene 220
THE END,

BRADBURY AGNEW, & CO PRINTERS WHITEFRIARS,

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