Office of the Historian

No. 252.
Mr. Outrey to Mr. Evarts.

[Translation.]
Legation of France in the United States,
Profile Rouse, August 10, 1880. (Received August 12.)

Mr. Secretary of State: In the note which you did me the honor to write to me on the 19th of March last, in response to my communication of the 9th of January preceding, you were pleased to inform me that under a certain reserve the Government of the United States was disposed to accept the proposition for the meeting at Paris of the international conference to be charged with examining and discussing questions connected with the protection of industrial property. On the other hand, England, Austria-Hungary, Belgium, Italy, Russia, and Switzerland have likewise made known their assent to the project of the meeting, and have announced their intention to be represented thereat.

The realization of the hope expressed by the international congress of 1878 being thus assured by these adhesions, the French Government has deemed that it is now proper to arrange for the meeting of the conference. In consequence the minister of foreign affairs charges me to invite the Government of the United States to take part in this meeting, the date of which is set for the 4th November next, and to ask it at the same time to be good enough to designate the delegates whom it may have chosen.

In order to facilitate the labors of the conference it has been judged advisable to prepare a programme of the questions which would be the object of its deliberations. I have the honor to send you herewith four copies thereof.

It is however understood, as M. de Freycinet informs me in his communication, that the decisions of the conference cannot in any manner be binding upon the powers which participate therein. The delegates will have no other mission than to study and discuss the questions which shall be submitted to them and endeavor to come to an understanding, if it be possible, upon a scheme of rules of a nature to form part of an international convention which would subsequently, if acceptable, be signed by the diplomatic representatives of all the adhering governments.

I would be obliged to you, Mr. Secretary of State, to let me know if the date proposed for the meeting of the conference is acceptable to the Government of the United States.

Be pleased to accept, &c.,

MAX OUTREY.
[Inclosure—Translation.]

Programme of the principal questions to be submitted to the deliberations of the International Conference for the protection of industrial property.

general questions.

1.
The adhering governments have agreed to form a Union for the protection of industrial property.
2.
The subjects of each one of the states of the Union shall enjoy in all the other states the same rights as the natives thereof, in the matter of patents of inventions, of designs, and industrial models, of trade-marks and any commercial use of firm names.
3.
A special service of industrial property shall he established in each country; a central depot of patents of invention of designs and industrial models of trade-marks and commercial names shall be annexed thereto, and be accessible to the public. A periodical official journal shall be published for the service of industrial property. Measures shall be likewise taken for the publication of an international journal common to all the states of the Union.
4.
Temporary protection shall be given to patentable inventions, designs, and industrial models, as well as the marks of trade and commerce which shall be represented in international exhibitions either official or officially recognized.

patents of inventions.

5.
The act of filing an application for a patent regularly performed in one of the States of the Union, shall carry with it the priority of registration in all the other States during a period of_____.
6.
The introduction by patent in the countries where the patent has been issued of articles fabricated in any one of the States of the Union, shall not involve its annulment.

designs and industrial models.

7.
Designs or models deposited in any one of the States of the Union shall be guaranteed in all the other States, and the ownership shall be considered as legitimately acquired by those who make usage of it conformably to the legislation of the country of origin.
8.
A deposit regularly made in one of the States of the Union shall carry with it the priority of registration in the other States during the term of___.

marks of trade and of commerce.

9.
Trade-marks entered in one of the States of the Union shall be guaranteed in all the other States, and property therein shall be considered as legitimately acquired by those who make usage of it conformably to the legislation of the country of origin.
10.
Any registration regularly made in one of the States of the Union, shall carry with it priority of registration in the other States during the term of______.
11.
All foreign products illicitly or unlawfully bearing the trade-mark of a manufacturer or of a merchant doing business in the country of importation, or any indication of being produced in the said country, shall be denied entry, be excluded from transit and public storage, and liable to be seized in any place whatever.

commercial firm names.

The commercial name of a firm constitutes a property which should be protected without distinction of nationality and without obligation of registry.