No. 242.
Mr. Evarts
to Mr. Noyes.
Washington, October 30, 1880.
Sir: I sent you a telegram to-day in answer to yours of yesterday, and acquainted you with the designation of yourself and Mr. Putnam as delegates of the United States to take part in the conferences and discussions of the International Industrial Property Congress, which is to be held in Paris, commencing on the 4th proximo. It now becomes necessary to supplement that telegram with brief instructions for your guidance in the matter.
The aims had in view in summoning this congress are explained very clearly and fully in the note which the French minister at this capital addressed to me on the 9th of January last, and of which a copy is herewith transmitted to you.† The subjects proposed for discussion are in a marked degree important to all countries whose trade and manufacturing industries have attained high development, and this country cannot but feel the liveliest interest in any conclusions which may advance and benefit its commerce and manufactures. Nevertheless, as I replied to Mr. Outrey’s note of January 9, the internal regulation of those matters by the legislation of this country is so much a matter for domestic consideration and control, especially with reference to the question of trade-marks and their Federal protection under existing treaties, that this Department cannot agree to submit such questions to the proposed [Page 379] congress, so far as the share of the United States therein is concerned, without the reservation that the conclusions of the conference on the subject must be considered as absolutely subordinate to such legislative provisions as may hereafter be made by this country.
This reservation was made in full consonance with the proposal in Mr. Outrey’s note, and particularly with its concluding clause, which looks upon the protocolized results of the contemplated congress as advisory merely, and referable to the several powers concerned, with a view to being subsequently completed, if approved by them, in the formal manner usual with international conventions.
It is believed that the familiarity of yourself and Mr. Putnam with the industrial interests of this country, and the questions of law and legislation therewith connected, will obviate the necessity for any detailed instructions on the points proposed for discussion. Much is, perforce, left to your discretion, and it is conceived that, even in advance of the receipt of this instruction, your own good judgment will have counseled the avoidence of any commitment of this government to plans of reform which may not consult or comport with the entire legislative freedom which, as the French Government is already aware, is reserved by us.
As you are a salaried officer of this government, your participation in the congress is merely honorary, and carries no special emoluments with it.
* * * * * * *
As the congress is expected to open before this instruction reaches you, it is not deemed necessary to give you formal powers. The telegram sent to you to-day, and the notification of your designation which I have conveyed to Mr. Outrey, will doubtless serve as ample warrant for your participation in the congress.
I transmit for your information, and as bearing upon the reservation herein expressed, a copy of a recent important decision of the Supreme Court of the United States,* covering, in principle, the Federal protection of trade-marks under treaty stipulations.
Your report of the proceedings of the congress, with copies in duplicate, if possible, of the protocol of its sessions, will be awaited with interest.
I am, &c.,