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RESOLUTION (August 20, 1910).

(Custom-house regulation.)

The Fourth International American Conference, assembled at Buenos Aires, resolves:

I. That in case any packages destined to another port, either national or foreign, have been landed in a certain port, the same shall be permitted to be reembarked without the imposition of any fine, provided it shall be shown in an authentic manner that its true destination was another port.

II. That in order to facilitate the prompt dispatch of vessels instructions should be issued authorizing the custom-house officer to authorize, before the arrival of the ship, upon the request of the interested party and in conformity with the proper regulations, the preparation of cargoes for shipment.

III. That the respective Governments shall establish regulations: (1) Permitting the operations of loading and unloading of merchandise. during the night in all such cases as may be allowable in the opinion of the proper authorities; and (2) authorizing the same operations and the simultaneous operations of loading and unloading on the same vessel on holidays, including Sundays, with the exception of national holidays.

IV. That means shall be provided for the transit of the merchandise of international commerce through the territory of the several countries, simplifying as much as possible such documents as may be required to carry out this operation without prejudice to all such measures as may be necessary to prevent fraud.

That the merchandise in transit through the means of communication of any country is not subject to any tax and shall only pay for such services as are rendered for the proper installation of the ports or of the roads traversed and of the vigilance service at the same rates as said services are paid for on the merchandise for local consumption of the country through whose jurisdiction the transit is made. It shall be understod that this exemption of duties shall only apply in those cases in which it may be consistent with special circumstances, the resources and economical conditions of the country through which the transit is made.

V. That the custom-houses of the American countries, in case of consultation or the sending of a sample of any article of importation, shall indicate the classification assigned to it in the custom-house tariff and the duties to which consequently it is subject.

RESOLUTION (August 20, 1910).

(Section of commerce, custom-house and statistics.)

The Fourth International American Conference, assembled in Buenos Aires, resolves:

I. To request the governing board of the Pan American Union to establish the section of commerce, custom-house and statistics which was also recommended by the International Conference of Rio de Janeiro. This section shall send an expert in custom-house matters to the several American countries, for the purpose of securing and getting together the laws, custom-house and consular regulations, and to publish them in a compilation which shall permit to easily make a comparative study of the provisions contained therein, and shall serve as a book of reference in all questions relating to international commerce.

II. That the governing board of the Pan American Union shall send to the Governments of the nations represented in this conference, one year before the date in which the next conference shall take place, a report on the following subjects:

(1) Imposts to which navigation in the ports of American countries is subject.

(2) Documents which shall accompany the applications filed at the custom-houses for the proper dispatch of merchandise; the form and requisites of these applications and the possibility of adopting a uniform model.

(3) The systems of appraisement of merchandise, for the payment of custom-house duties and the preparation of commercial statistics in America, as well as the advantages and drawbacks of the different systems.

(4) Organization of the custom-house officers and procedure.

(5) Other measures the adoption of which might be recommended for the purpose of rendering uniform the custom-house and consular administration of the American Republics.

III. To recommend to the Bureau of the American Republics the preparation of a vocabulary of the different expressions and synonyms employed in the countries of America to designate the same articles and products, with their equivalents in English, French, and Portuguese. In this compilation shall be indicated in such manner as the Pan American Union may deem most convenient - the custom-house duties to which said articles are subject in the several Republics of the Western Hemisphere, as well as such classification as has been given them in the appraisement tariff.

In order to make this compilation, it is hereby recommended that the Pan American Commission of each Republic shall prepare and send to the Pan American Union the list of articles the designation of which in the respective country has a special meaning or was not generally used in America, together with the equivalent in Spanish, whenever there is one, stating, also, any other data that should be added. The section of custom-house, commerce, and statistics of the Union shall, in view of these data, coordinate the aforesaid nomenclature.

RESOLUTION (August 20, 1910).

(Commercial statistics.)

The Fourth International American Conference, assembled in Buenos Aires, resolves:

That the section of commerce, custom-house, and statistics managed or advised by experts in the matter shall proceed to realize the following undertakings:

1. To compile and put in order all such data and antecedents as may be necessary to acquire a perfect knowledge and make the proper study of the procedure followed in the American Republics in the preparation of their statistics of foreign trade, both general and special, namely: The classifications, grouping, definitions, and nomenclature used in said countries; the procedure adopted in order to fix the values of the imports and exports, to determine the country of origin of the merchandise and the places they come from, as well as the destination of the exports; the monetary equivalents and all such details as might contribute to obtain the desired results.

2. In view of the data and antecedents referred to in the foregoing clause, to prepare a comparative report of the statistics of the American Republics, calling attention to the principal differences between the methods and processes employed in them.

3. To prepare a project of bases which shall be submitted to the consideration of the respective Governments in order that they may examine and give, in due time, such instructions as they may deem advisable to their delegates to the Fifth Pan American Conference, or to a special Congress that may be assembled to that effect, it it should be necessary to postpone the conference, or if the Governing Board of the Pan American Union should recommend the holding of a special conference, in view of the technical character of the custom-house and statistical subjects, and as soon as the study and reports entrusted to the section of commerce, custom-house, and statistics are completed.

The project of bases which shall be submitted by the section of commerce, custom-house, and statistics shall deal with the following questions:

(a) Uniform processes for fixing the values of the international trade in order that the statistics may be efficiently compared and serve as a base of such agreements or conventions as said governments may enter into concerning trade or navigation.

(b) Identical or similar classifications and grouping of merchandise imported or exported, to the same purpose as is set forth in the foregoing paragraph.

(c) The adoption of the same method in order to determine the origin and place where the imports come from, as well as of the destination of the exports.

(d) The use of the same commercial nomenclature in so far as the diversity of the languages and of the products will permit.

(e) The adoption of identical usual meanings of the terms most frequently applied in commercial statistics.

(f) The strict compliance with the decimal metric system, in order to secure as much uniformity as possible in everything relating to weights and measures.

RESOLUTION (August 20, 1910).

(Census.)

The Fourth International American Conference, assembled in Buenos Aires, resolves:

To recommend to the Governments of the American States:

(1) Taking the census of population every ten years, taking into consideration the latest scientific methods and technical processes.

(2) That a census of population be taken in all the American States in 1920 and if possible on the same month, said work to be recommended in advance by the Pan American Union in Washington.

(3) To recommend also to the countries of the Pan American Union, that in the aforesaid date to proceed to take a general industrial census and such other census as science and experience may suggest.

CONVENTION (August 20, 1910).

(Trade and commercial marks.)

ARTICLE I. The signatory nations adopt this convention for the protection of trade and commercial marks and commercial names.

ART. II. Every trade-mark duly registered in any of the signatory States shall be considered as registered also in the other countries of the Union, without prejudice to the rights of a third party and of the provisions of the laws of each nation.

In order to enjoy this privilege the manufacturer or merchant interested in the registration of the trade-mark shall contribute pay, in addition to the fees or emoluments fixed in the law of each nation, the sum of $50, once only, which sum shall be applied to cover the expenses of the international registration of the respective office.

ART. III. The deposit of a trade or commercial mark in one of the signatory States gives to the depositor the right of priority during a period of six months to enable him to make the deposit in other States.

Consequently, the deposit subsequently made and before the expiration of said term shall not be annulled by acts executed in the interval, especially by another deposit, the publication, or the use of the trademark.

ART. IV. The following shall be considered as a trade or commercial mark: Every sign, emblem, or especial name that merchants or manufacturers may adopt or apply to their articles or products in order to distinguish them from those of other manufacturers or merchants who make or deal in articles of the same kind.

ART. V. The following shall not be adopted or used as trade or commercial marks: National, provincial, or municipal flags or coats of arms; immoral or scandalous figures; the characteristics that may have been already obtained by others or that are liable to confusion with other marks; the general names of articles; the pictures or names of persons without their consent; and any drawing that has been adopted as an emblem by any fraternal or humanitarian association.

The above provision shall be understood without prejudice to the provisions of the laws of each country.

ART. VI. Such questions as may arise about the priority of the deposit or adoption of a trade or commercial mark shall be decided, taking into consideration the date of the deposit in the country where the first application was made.

ART. VII. The ownership of a trade or commercial mark includes the right to enjoy the privilege of the same and the right also of ceding its total or partial ownership or use in conformity with the law of each country.

ART. VIII. The counterfeiting, imitation, or improper use of commer

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