No. 288.
Mr. Stallo
to Mr. Bayard.
Legation of
the United States,
Rome,
Italy, June 19, 1886. (Received July
3.)
No. 69.]
Sir: I have the honor to report that, in obedience
to your telegraphic instruction of the 9th April, 1886, I have attended the
International Convention for the Protection of Industrial Property, held in
Borne from the 30th of April to the 11th of May, 1886. I have withheld ray
report up to the present time because I have just come into possession of
the minutes of the conference, which had to be submitted to its several
members before it was finally printed.
The conference was attended by representatives of Belgium, Brazil, Spain,
France, Great Britain, Italy, Norway and Sweden, the Netherlands, Portugal,
Servia, Switzerland, and Tunis.
These countries, with the exception of Great Britain, had become members of
an International Union for the Protection of Industrial Property by virtue
of articles of Union agreed upon in Paris on March 20, 1883, Great Britain
having acceded to this Union in 1884. The conference was also attended by
representatives of the German Empire, Luxembourg, Mexico, Paraguay,
Roumania, and Uruguay, and the United States of America, all of whom, like
myself, appeared solely for the purpose of taking note of the proceedings of
the conference and reporting to their respective Governments.
The articles of the Union adopted on the 20th of March, 1883, at Paris, are
set forth in the pamphlet which I herewith transmit. The objects of the
Union are stated in the second of these articles, which provides that “the
subjects or citizens of each of the contracting states shall enjoy, in all
the other states of the Union, in respect of patents, industrial models or
designs, trade-marks, and commercial names, all the advantages which are
actually conferred, or may be conferred hereafter, upon the subjects or
citizens of any of these states by their respective laws, so that they shall
have the same protection and the same legal recourse against all
infringements of their rights (enjoyed by the subjects or citizens of any
state) on condition of their compliance with the formalities imposed upon
such subjects or citizens by the internal legislation of each state”; and in
the third article, which provides that the same rights and privileges shall
be extended to the subjects or citizens of states not members of the Union
who have a domicile or industrial or commercial establishment on the
territory of ne of the states of the Union.
Among the other noteworthy articles is Article 5, providing “that as a
condition precedent to the enjoyment of patent rights in any of the states
of the Union, the owner of the patent must avail himself of it (l’exploiter) in conformity with the laws of the
country into which the patented articles are introduced.”
And also Article 9, relating to the seizure of manufactured articles or
articles of commerce bearing fraudulent trade-marks.
The present conference at Borne was held in compliance with Article 14, which
provided that the convention formed at Paris in 1883 should be subject to
periodical revision, and that the next conference should be held in
Borne.
Before the meeting of the conference a number of amendments to the original
articles were submitted to the members by the representative of Belgium,
France, Great Britain, and Switzerland.
[Page 548]
Several of these amendments were adopted by the conference, but only two of
them appear to me to be worthy of note.
The first of them (an amendment to Article 5) is in these words:
Each country is to determine for itself the sense of the term
“exploiter.”
During the course of the discussion it became evident that the object of the
French representatives, by whom the amendment was proposed, was to limit the
enjoyment of patent and trade-mark rights to those objects or articles
actually manufactured in France, in conformity with the construction of the
legal phrase “exploiter,” as repeatedly given by the French tribunals. It is
not without significance that England voted with France for the adoption of
this amendment.
Another noteworthy amendment is that to Article 10, relating to the seizure
of articles bearing fraudulent trade-marks, and especially the latter part
of this amendment, which is to the effect that trade-marks shall not be
considered fraudulent when it appears that they have been adopted with the
consent of the manufacturer whoso name is affixed to the manufactured
product.
It is hardly necessary to say that both of these amendments were adopted in
the interest of “home industries,” so called, and, as was justly observed by
Mr. Monzilli, who strongly protested against these amendments in the name of
the Italian Government, were in derogation of the objects for which the
Union was formed.
I do not deem it necessary or proper to make any further comments upon the
proceedings of the conference, but content myself with the observation that
any State or country not yet a member of the Union has the right to join it
by simply notifying the Swiss Government, and through it the Governments of
all the other states, of its intention to do so, and that any of the States
forming part of the Union may withdraw from it upon a year’s notice.
I announced to the conference at its first regular session, on April 30,
1886, that I attended it solely ad referendum, and
that I signed the minutes upon the express declaration of the President that
this signature imported nothing more than a certificate of their
accuracy.
I have, &c.,
[Inclosure in No.
69.—Translation.]
Convention for the protection of industrial
property, made at Paris, March 20, 1883, between Belgium, Brazil, Spain, France, Guatemala, Italy, The
Netherlands, Portugal, Salvador, Servia, and
Switzerland.
His Majesty the Xing of the Belgians; His Majesty the Emperor of Brazil;
His Majesty the King of Spain; The President of the French Republic; The
President of the Republic of Guatemala; His Majesty the King of Italy;
His Majesty the King of the Netherlands; His Majesty the King of
Portugal and the Algarves; the President of the Republic of Salvador;
His Majesty the King of Servia; the Federal Council of the Swiss
Confedaration;
Equally animated by the desire to assure, by common accord, a complete
and efficacious protection to the industry and commerce of the subjects
of their respective states, and to contribute to the safeguard of the
rights of inventors, and to the loyalty of commercial transactions, have
resolved to conclude a convention to, that effect, and have named as
their Plenipotentiaries the following:
- His Majesty the King of the Belgians:
Baron Beyens, Grand Officer of His Royal Order of Leopold, Grand
Officer of the Legion of Honor, etc., His Envoy Extraordinary
and Minister Plenipotentiary at Paris;
- His Majesty the Emperior of Brazil: M.
Jules Constant, Count de Villeneuve, Member of the Council of
His Majesty, His Envoy Extraordinary and Minister Plenipo
[Page 549]
tentiary near His
Majesty the King of the Belgians; Commander of the Order of
Christ, Officer of His Order of the Rose, Knight of the’Legion
of Honor, etc.;
- His Majesty the King of Spain; His
Excellency the Duke of Fernan-Nuñez, de Montellano, and del
Arco, Count de Cervellon, Marquis of Almonacir, Grandee of Spain
of the 1st Class, Knight of the distinguished Order of the
Golden Fleece, Grand Cross of the Order of Charles III, Knight
of Calatrava, Grand Cross of the Legion of Honor, etc. Senator
of the Kingdom, His Ambassador Extraordinary and Plenipotentiary
at Paris;
- The President of the French Republic:
Mr. Paul Challemel-Lacour, Senator, Minister of Foreign Affairs;
Mr. Hérison, Deputy, Minister of Commerce; Mr. Charles
Jagerschmidt, Minister Plenipotentiary of 1st Class, Officer of
the National Order of the Legion of Honor.
- The President of the Republic of
Guatemala: Mr. Crisanto Medina, Officer of the Legion
of Honor, etc., His Envoy Extraordinary and Minister
Plenipotentiary at Paris;
- His Majesty the King of Italy: Mr.
Constantin Ressman, Commander of His Orders of St. Maurice and
St. Lazarus, and of the Crown of Italy, Commander of the Legion
of Honor, etc., Counsellor of the Embassy of Italy at
Paris;
- His Majesty the King of the
Netherlands: Baron de Zuylen de Nyevelt, Commander of
His Order of the Lion of Netherlands, Grand Cross of His Grand
Ducal Order of the Oaken Crown and the Golden Lion of Nassau,
Grand Officer of the Legion of Honor, etc., His Envoy
Extraordinary and Minister Plenipotentiary at Paris;
- His Majesty the King of Portugal and the
Algarves: M. José da Silva Mendes Leal, Counsellor of
State, Peer of the Kingdom, Minister and Honorary Secretary of
State, Grand Cross of the Order of St. James, Knight of the
Order of the Tower and of the Sword of Portugal, Grand Officer
of the Legion of Honor, etc., His Envoy Extraordinary and
Minister Plenipotentiary at Paris; Mr. Fern and de Azevedo,
Officer of the Legion of Honor, etc., First Secretary of the
Legation of Portugal at Paris;
- The President of the Republic of
Salvador: Mr. Torres-Caïcedo, Corresponding Member of
the Institute of France, Grand Officer of the Legion of Honor,
etc., His Envoy Extraordinary and Minister Plenipotentiary at
Paris;
- His Majesty the King of Servia: Mr.
Sima M. Marinovitch, Chargé d’Affaires ad interim of Servia,
Knight of the Royal Order of Takovo, etc.;
- And the Federal Council of the Swiss
Confederation: Mr. Charles Edward Lardy, its Envoy
Extraordinary and Minister Plenipotentiary at Paris; Mr. J.
Weibel, Engineer at Geneva, President of the Swiss Section of
the permanent Commission for the protection of Industrial
Property.
Who, after having communicated to each other their respective full
powers, found to be in good and due form, have agreed upon the following
Articles:
Article 1.
The Governments of Belgium, of Brazil, of Spain, of France, of Guatemala,
of Italy, of the Netherlands, of Portugal, of Salvador, of Servia and of
Switzerland, have constituted themselves into a state of Union for the
protection of Industrial Property.
Article 2.
The subjects or citizens of each of the contracting States shall enjoy,
in all the other States of the Union, so far as concerns patents for
inventions, trade or commercial marks, and the commercial name, the
advantages that the respective laws thereof at present accord, or shall
afterwards accord to subjects or citizens. In consequence they shall
have the same protection as these latter, and the same legal recourse
against all infringements of their rights, under reserve of complying
with the formalities and conditions imposed upon subjects or citizens by
the domestic legislation of each State.
Article 3.
Are assimilated to the subjects or citizens of the contracting States,
the subjects or citizens of States, not forming part of the Union, who
are domiciled or have industrial or commercial establishments upon the
territory of one of the States of the Union.
Article 4.
Any one who shall have regularly deposited an application for a patent of
invention, of an industrial model, or design, of a trade or commercial
mark, in one of the contracting States, shall enjoy for the purpose of
making the deposit in the other States, and under reserve of the rights
of third parties, a right of priority during the periods hereinafter
determined.
[Page 550]
In consequence, the deposit subsequently made in one of the other States
of the Union, before the expiration of these periods cannot be
invalidated by acts performed in the interval, especially by another
deposit, by the publication of the invention or its working by a third
party, by the sale of copies of the design or model, by the employment
of the mark.
The periods of priority above mentioned shall be six months for patents
of invention and three months for designs or industrial models, as well
as for trade or commercial marks. They shall be augmented by one month
for countries beyond the seas.
Article 5.
The introduction by the patentee into countries where the patent has been
granted, of articles manufactured in any other of the States of the
Union, shall not entail forfeiture.
The patentee, however, shall be subject to the obligation of working his
patent conformably to the laws of the country into which he has
introduced the patented articles.
Article 6.
Every trade or commercial mark regularly deposited in the country of
origin shall be admitted to deposit and so protected in all the other
countries of the Union.
Shall be considered as country of origin, the country where the depositor
has his principal establishment.
If this principal establishment is not situated in one of the countries
of the Union, shall be considered as country of origin that to winch the
depositor belongs.
The deposit may be refused, if the object, for which it is asked, is
considered country to morals and to public order.
Article 7.
The nature of the production upon which the trade or commercial mark is
to be affixed cannot in any case, be an obstacle to the deposit of the
mark.
Article 8.
The commercial name shall be protected in all the countries of the Union
without obligation of deposit, whether it forms part or not, of a trade
or commercial mark.
Article 9.
Every production bearing, unlawfully, a trade or commercial mark, or a
commercial name, may be seized upon importation into those of the States
of the Union in which such mark or such commercial name has a right to
legal protection.
The seizure shall take place either at the instance of the public
prosecutor or of the interested party, conformably to the domestic
legislation of each State.
Article 10.
The provisions of the preceding article shall be applicable to every
production bearing falsely as indication of origin, the name of a stated
locality when this indication shall be joined to a fictitious commercial
name or a name borrowed with fraudulent intention.
Is reputed interested party every manufacturer or trader engaged in the
manufacture or sale of this production, when established in the locality
falsely indicated as the place of export.
Article 11.
The High Contracting parties engage between themselves to accord a
temporary protection to patentable inventions, to industrial designs or
models as well as to trade or commercial marks for the productions,
which may figure at official or officially recognized International
Exhibitions.
Article 12.
Each one of the High Contracting parties engages to establish a special
service of Industrial Property and a Central Depôt, for giving
information to the public, concerning patents of invention, industrial
designs or models and trade or commercial marks.
[Page 551]
Article 13.
An International Office shall be organized under the title of
“International Bureau of the Union for the Protection of Industrial
Property.”
This Bureau, the cost of which shall be supported by the Governments of
all the contracting States, shall be placed under the high authority of
the Superior Administration of the Swiss Confederation, and shall work
under its supervision. Its powers shall be determined by common accord
between the States of the Union.
Article 14.
The present convention shall be submitted to periodical revisions for the
purpose of introducing improvements calculated to perfect the system of
the Union.
With this object, Conferences shall take place successively in one of the
contracting States between the delegates of said States.
The next meeting shall take place in 1885 at Rome.
Article 15.
It is understood that the High Contracting parties respectively reserve
the right to make, separately, between themselves, special arrangements
for the protection of industrial property so far as these arrangements
shall not interfere with the provisions of the present convention.
Article 16.
The States that have not taken part in the present convention shall be
admitted to adhere the same upon their application.
This adhesion shall be notified through the diplomatic channel to the
Government of the Swiss Confederation and by the latter to all the
others.
It shall convey, of full right, accession to all the clauses and
admission to all the advantages stipulated by the present
convention.
Article 17.
The execution of the reciprocal engagements contained in the present
convention is subordinated in so far as needful, to the accomplishment
of the formalities and rules established by the Constitutional laws of
such of the High Contracting parties as are bound to ask the application
thereof, which they agree to do within the shortest delay possible.
Article 18.
The present convention shall be put into execution within a month after
exchange of ratifications, and shall remain in force during a period of
time not determined, until the expiration of one year from the day upon
which the denunciation shall be made.
This denunciation shall be addressed to the Government empowered to
receive adhesions. It shall only produce its effect as regards the State
making it, the convention remaining executory for the other contracting
parties.
Article 19.
The present Convention shall be ratified and the ratifications shall be
exchanged at Paris, within the period of one year at the latest.
In witness whereof the respective Plenipotentiaries have signed it and
affixed to it their seals.
Done at Paris the 20th of March, 1883.
[seal.] |
(Signed) |
BEYENS. |
“ |
“ |
VILLENEUVE |
“ |
“ |
DUC DE FERNAN-NUÑEZ. |
“ |
“ |
P. CHALLEMEL-LACOUR. |
“ |
“ |
CH. HÉRISSON. |
“ |
“ |
CH. JAGERSCHMIDT. |
“ |
“ |
CRISANTO MEDINA. |
“ |
“ |
RESSMAN. |
“ |
“ |
BARON DE ZUYLEN DE NYEVELT. |
“ |
“ |
JOSÉ DA SILVA MENDES LEAL. |
“ |
“ |
F. D’AZEVEDO. |
“ |
“ |
J. M. TORRES-CAÏCEDO. |
“ |
“ |
SIMA M. MARINOVITCH. |
“ |
“ |
LARDY. |
“ |
“ |
J. WEIBEL. |
[Page 552]
final protocol.
On proceeding to the signature of the convention concluded this day
between the Governments of Belgium, Brazil, Spain, France, Guatemala,
Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland, for
the protection of industrial property, the undersigned plenipotentiaries
have agreed on the following:
(1) The words industrial property are to be
understood in their widest acceptation, in the sense that they apply not
only to the productions of industry properly so called, but equally to
the productions of agriculture (wines, grains, fruits, cattle, &c.)
and to mineral productions used in commerce (mineral waters,
&c.).
(2) Under the name patents of invention are
included the various classes of industrial patents granted by the laws
of the contracting states, such as patents of importation, patents of
improvement, &c.
(3) It is understood that the final provision of Article 2 of the
convention shall in no respect infringe upon the laws of each of the
contracting states, so far as concerns the procedure before the courts
and the competence of the said courts.
(4) Paragraph 1 of Article 6 is to be understood in the sense that no
trade or commercial mark shall be excluded from protection, in one of
the states of the Union, by the mere fact that it may not satisfy, in
respect to the signs composing it, the conditions of the laws of this
state, provided that it does satisfy, in this regard, the laws of the
country of origin, and that it has been in this latter country, duly
deposited. Saving this exception which concerns only the form of the
mark, and under reservation of the provisions of the other articles of
the convention, the domestic legislation of each of the states shall
receive its due application.
In order to avoid all misinterpretation, it is understood that the use of
public armorial bearings and decorations may be considered contrary to
public order in the sense of the final paragraph of Article 6.
(5) The organization of a special service of industrial property
mentioned in Article 12 shall include, as far as is possible, the
publication in each state of an official periodical.
(6) The common expenses of the International Bureau, created by Article
13, shall in no case exceed yearly a sum-total representing a mean of
2,000 francs for each contracting state.
In order to determine the contributory share of each of the states in
this sum-total of expenses, the contracting states, and those who may
hereafter adhere to the Union, shall be divided into six classes, each
contributing in proportion of a certain number of units, namely: First
class, 25 units; second class, 20 units; third class, 15 units; fourth
class, 10 units; fifth class, 5 units; sixth class, 3 units.
These coefficients shall be multiplied by the number of the states of
each class, and the sum of the products thus obtained shall furnish the
number of units by which the total expense is to be divided. The
quotient will give the amount of the unit of expense.
The contracting states are classified as follows in respect to the
division of the expenses:
- First class.—France, Italy.
- Second class.—Spain.
- Third class.—Belgium, Brazil, Portugal,
Switzerland.
- Fourth class.—Netherlands.
- Fifth class.—Servia.
- Sixth class.—Guatemala,
Salvador.
The Swiss Government shall supervise the expenditure of the International
Bureau, make the necessary advances, and state the annual account, which
shall be communicated to all the other Governments.
The International Bureau shall collect information of every kind relating
to the protection of industrial property, and shall compile from it
general statistics, which shall be transmitted to all the Governments.
It shall occupy itself with examinations of general utility which may be
of interest to the Union, and shall publish, with the assistance of the
documents put at its disposal by the various Governments, a periodical
in the French language on questions which concern the object of the
Union.
The numbers of this periodical and all the documents published by the
International Bureau shall be partitioned among the Governments of the
states of the Union in the proportion of the number of contributory
units above mentioned.
The copies and supplementary documents which may be requested either by
the said Governments, or by corporations or private persons, shall be
paid for separately.
The International Bureau must always hold itself at the disposal of the
members of the Union, in order to furnish them, on questions relating to
the international service of industrial property, with such special
information as they may need.
The Government of the country where the next conference is to be held
shall prepare, with the assistance of the International Bureau, the work
of the said conference.
The director of the International Bureau shall be present at the sessions
of the conferences, and shall take part in the discussions without
voting.
[Page 553]
He shall make an annual report on its management, which shall ho
communicated to all the members of the Union.
The official language of the International Bureau shall be the French
language.
(7) The present final protocol, which shall be ratified at the same time
as the convention concluded this day, shall be considered as forming an
integral part of that convention, and shall have the same force, value,
and duration.
In faith whereof the undersigned plenipotentiaries have drawn up the
present protocol.
- BEYENS.
- VILLENEUVE.
- Due de FERNAN-NUÑEZ.
- P. CHALLEMEL-LACOUR.
- CH. HÉRISSON.
- CH. JAGERSCHMIDT.
- CRISANTO MEDINA.
- RESSMAN.
- BARON de ZUYLEN de NYEVELT.
- JOSÉ da SILVA MENDES
LEAL.
- F. D’AZEVEDO.
- J. M. TORRES-CAÏCEDO.
- SIMA M. MARINOVITCH.
- J. LARDY.
- J. WEIBEL.
protocol.
The International Conference of the Union for the Protection of
Industrial Property, convened at Rome April 29, 1886, having concluded
its labors, submits to the Governments of the states, represented the
articles additional to the convention concluded at Paris March 20, 1883,
and the regulation for the execution of the said convention of the
following tenor:
Additional articles to the convention
concluded at Paris March 20, 1883.
(To Article 5.)
Each country is authorized to define the sense in which the term “exploiter” is to be interpreted within its
jurisdiction.
(To Article 10.)
1. Every production bearing illegally a false mark of origin may be
seized on importation in all the contracting states.
The seizure may likewise be made in the country in which the false mark
has been affixed as well as in the country in to which the production
has been imported.
The seizure is to be made on the complaint of the public prosecutor, or
of an interested party, person, or corporation, in conformity with the
domestic legislation of each state.
The courts of each country are empowered to decide what are the cases
which, by virtue of their generic character, are not included in the
present provisions.
The authorities are not required to make the seizure in
transitu.
2. No fraudulent intention exists in the case provided for by paragraph 1
of Article 10 of the convention, when it is proved that it is by the
consent of the manufacturer, whose name is stamped on the productions
imported, that the said stamp has been affixed.
The present additional articles shall be ratified, and the ratifications
shall be exchanged at Rome within the period of one year, or sooner if
possible.
They shall take effect one month after the exchange of the ratification,
and shall have the same duration as the convention.
Regulation for the execution of the
convention concluded at Paris March 20, 1883.
I.
(Explanatory provisions.)
- (1)
- In order to obtain the same treatment as subjects or citizens of
the contracting states, in accordance with the terms of Article III
of the convention, subjects or citizens of states not included
within the Union, who, without being domiciled in its
[Page 554]
own industrial or
commercial establishments in the territory of one of the states of
the Union, must be exclusive proprietors of the said establishments,
be represented there by a general agent, and prove, in case of
denial, that they carry on there actually and continuously their
industry or commerce.
- (2)
- As regards the states of the Union lying in Europe, the extra
European countries which do not border on the Mediterranean Sea are
considered countries beyond the seas (Article 4).
II.
(Accession of additional states to the International
Union.)
When another state adheres to the convention, the date of the note by
which its accession is announced to the Swiss federal council shall be
considered the date of entrance of the said state into the Union, unless
its Government shall assign a subsequent date of accession.
III.
(Jurisdiction of the Union.)
Are considered as belonging to the International Union for the Protection
of Industrial Property.
(The various Governments shall furnish to the International Bureau the
names of those of their territories, colonies, or possessions included
in the Union by the mere fact of the accession of the parent state.)
IV.
(Certifications of legal protection.)
(1) In order to insure the protection of the trade or commercial marks of
their subjects or citizens in all the territory of the Union the
Governments of the country of origin shall grant them a certificate
declaring that the said marks have been deposited in the country of
origin.
(2) No authentication of the above-mentioned certificate is
necessary.
(3) Every petition for the extension of a patent to other countries of
the Union must be accompanied by a copy, in manuscript or print, of the
description of the invention, and of the drawings (if any exist) which
may have been deposited in the country in which the first petition was
made.
This copy must be authenticated by the special service of industrial
property of this latter country.
V.
(Information to be furnished by the International Bureau).
(1) The International Bureau is required to furnish gratuitously the
various Governments with such information as may be asked of it by them
concerning patents and trade or commercial marks.
(2) The same information shall be furnished private persons domiciled
within the territory of the Union at the rate of 1 franc for the
information requested.
This fee may be paid in postage-stamps of the various contracting states
on the following basis for those states which do not have the franc as
their monetary unit, namely: Brazil, 1 franc=400 reis; Dominican
Republic, 1 franc=20 centavos de peso; Spain, 1 franc=l peseta; Great
Britain, 1 franc=10 pence; Guatemala, 1 franc=20 centavos de peso;
Norway, 1 franc=80 oere; Netherlands, 1 franc=50 cents; Portugal, 1
franc=200 reis; Sweden, 1 franc=80 oere; Salvador, 1 franc=20 centavos
de peso.
(3) The Governments of the various states above mentioned shall receive
at the rate stated in the preceding paragraph, the stamps of their
country which the International Bureau may have taken as fees for
information.
VI.
(Temporary protection for inventions, drawings, models, and
marks exhibited at international expositions.)
(1) The temporary protection provided for by Article 11 of the convention
consists of a term of priority of at least six months counting from the
date of admission of the production to the exposition, during which the
exhibition, publication, or employment, without the authority of the
person entitled, of the invention, drawing, model, or mark thus
protected, shall not prevent the person who has obtained the said
temporary protection from making with due effect, within the said
period, his demand for a patent or the deposit necessary to insure
definitive protection throughout all the territory of the Union.
Each state is empowered to extend the said period.
(2) The above-mentioned temporary protection shall have no effect,
unless, during its continuance, a petition for a patent is filed or a
deposit made for the purpose of
[Page 555]
insuring to the object td Which it applies definitive protection in
one of the contracting states.
(3) The terms of priority mentioned in Article 4 of the convention are
distinct from those treated of in the first paragraph of the present
article.
(4) The patentable inventions to which provisional protection has been
accorded by virtue of the present article shall be made known to the
International Bureau, and shall form the subject of publication in the
official organ of the said Bureau.
VII.
(Statistics.)
- (1)
- Before the end of the first half of each year the Governments of
the Union shall transmit to the International Bureau the following
statistics concerning the preceding year, namely:
- (a)
- Patents of invention.—(1) Number of
patents demanded; (2) number of patents granted; (3) amount
of fees collected under this head.
- (b)
- Drawings or industrial models.—(1)
Number of drawings or models deposited; (2) number of
drawings or models registered; (3) amount of fees collected
under this head.
- (c)
- Trade or commercial marks.—(1)
Number of marks deposited; (2) number of marks registered;
(3) amount of fees collected under this head.
- (2)
- The International Bureau shall be empowered to adopt the
classification it may consider best as regards the statistics of
patents of invention, trade or commercial marks, and drawings or
industrial models.
VIII.
(Enforcement of the present regulations.)
The present regulation shall be put in force as soon as possible.
(Desire expressed by the conference.)
The conference, moreover, expressed the following desire with reference
to Article 2 of the convention of 20th March, 1883.
The states included in the Union which do not possess laws in regard to
all the classes of industrial property are to perfect, as soon as
possible, their codes of legislation on this point.
The same is to be done by the states which may hereafter enter the
Union.
In faith whereof the undersigned delegates of their respective
Governments at the International Conference of Rome have drawn up the
present report and have affixed their signatures thereto.
Done at Rome, May 11,
1886.
- For Germany:
- For Belgium:
- For Brazil:
- For Spain:
- COUNT de RASCON.
- LUIS M. de LARRA.
- Bmé SPOTTORNO.
- For the United States of America:
- For France:
- COUNT de TOUR.
- C. NICOLAS.
- For Great Britain:
- H. READER LACKE.
- J. H. G. BERGNE.
- For Italy:
- UBALDINO PERUZZI.
- ANTOINE MONZILLI.
- ORESTE LATTES.
- REMY TRINCHERI.
- For Luxemberg:
- For Mexico:
- For Norway:
- For Paraguay:
- For the Netherlands:
- WESTENBERG.
- GEORGE SNYDER, v.
W.
- For Portugal:
- For Roumania:
- For Servia:
- For Sweden:
- For Switzerland:
- For Tunis:
- For Uruguay: