832.542 Symington Co./4
The Secretary of State to the Ambassador in Brazil ( Morgan )
Sir: The Department transmits herewith copies of a letter dated February 15, 1928, and its enclosures from Mr. Ernest F. Mechlin, [Page 1030] General Counsel for The Symington Company,14 manufacturers of railway equipment, in regard to the alleged infringement by the Societe Anonyme des Ateliers de Construction de Familleureux of Familleureux, Belgium, of the patents covering equipment designed and manufactured by The Symington Company and patented under the laws of Brazil.
It will be observed from the enclosed letter that the Symington equipment
mentioned was adopted and made standard by the Paulista Railroad and the
Central Railroad of Brazil and that negotiations are now in progress
looking to the adoption of the equipment by other Brazilian railroads;
that the Central Railroad of Brazil ordered from the Societe Anonyme des
Ateliers de Construction de Familleureux 150 freight cars specifying
that they be equipped with the Symington equipment designated as:
that the Societe Anonyme des Ateliers de Construction de Familleureux represented to the Brazilian railroad officials that it would have the Symington equipment manufactured in Belgium under a license from The Symington Company; that this representation was false, no such license having been issued by The Symington Company or requested by the Societe Anonyme des Ateliers de Construction de Familleureux; that it is understood that the equipment is now in process of manufacture; that as a result of this piracy and false representation The Symington Company’s interests will be seriously injured unless measures are taken to insure the protection to which they are entitled under the patent laws of Brazil and under the provisions of the Convention Relating to Inventions, Patents, Designs and Industrial Models signed at Buenos Aires on August 29 [20], 1910,15 to which the United States and Brazil are parties.
In ordinary circumstances The Symington Company could enforce its rights by judicial proceedings in Brazil designed to prevent the entry into that country of railway cars bearing the pirated devices of the patentee but the Department is advised that such action would be ineffective in this case because the Brazilian Government is financially interested in the Central Railroad of Brazil and that accordingly no embargo may be placed on the shipment of cars containing the infringing equipment.
[Page 1031]In view of the gross violation of the rights of The Symington Company by the action of the Societe Anonyme des Ateliers de Construction de Familleureux and the inadequacy of any remedy by judicial proceedings by the Company, you are requested to bring this matter urgently to the attention of the Foreign Office and to request that action be taken by the appropriate Brazilian authorities with a view to preventing the entry into Brazil of the shipment in question until the rights of The Symington Company under the laws of Brazil and the Treaty of 1910 above mentioned have been adequately recognized and due compensation paid them by the infringers of the patents mentioned.
I am [etc.]