No. 248.
Mr. Evarts to Mr. Outrey.
Washington, March 19, 1880.
Sir: I have the honor to acknowledge the receipt of your note of the 9th of January last, referring to the proceedings of the congress which was held at Paris during the Universal Exposition of 1878, for the purpose of considering questions relating to industrial property, and stating that the permanent commission appointed by that congress has requested the Government of France to take the initiative in bringing about the assembling of an international conference to carry out the work undertaken by the congress above mentioned, and accordingly, as instructed by the minister of foreign affairs of France, you inquire whether the Government of the United States is disposed to send special delegates to an international conference, having for its object the examination and discussion of the conclusions of the commission.
Your note, moreover, states that the permanent commission above mentioned has prepared a draft of a treaty to be concluded by the different [Page 385] adhering powers, the object of the proposed treaty being to form of the contracting countries a “Union for the protection of industrial property.” You furthermore refer to the fact that it is proposed for the present to limit the international agreement in question to the making of such regulations as would not require serious modifications of the laws which are based in various countries on different principles, the proposed regulations being embodied in a report which has been made to the French Government, a printed copy of which accompanies your note.
I observe, as you state in your note, that the subjects to be presented for the consideration of the proposed conference are five in number, viz:
- 1st.
- Questions common to all branches of industrial property.
- 2d.
- Patents.
- 3d.
- Industrial designs and models.
- 4th.
- Trade-marks.
- 5th.
- The commercial name.
In reply to your note, I must, in the first place, observe that the condition of the legislation of this country with regard to trade-marks is such at this time that this Department cannot agree to submit that matter to the proposed conference 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 in relation to trade-marks.
With this reservation just mentioned, this government is willing to designate some suitable person as a special delegate to represent the United States in the proposed international conference.
Accept, &c.,