AD ARTICLE 2. (a) Under the name of patents are comprised the different kinds of industrial patents admitted by the laws of the contracting countries, such as patents of importation, patents of improvements, etc., for the processes as well as for the products. (b) It is understood that the provision in Article 2 which dispenses the members of the Union from the obligation of domicile and of establishment has an interpretable character and must, consequently, be applied to all the rights granted by the Convention of March 20, 1883, before the entrance into force of the present Act. (c) It is understood that the provisions of Article 2 do not infringe the laws of each of the contracting countries, in regard to the procedure followed before the courts and the competency of those courts, as well as the election of domicile or the declaration of the selection of an attorney required by the laws on patents, working models, marks, etc. AD ARTICLE 4. It is understood that, when an industrial model or design shall have been filed in a country by virtue of the right of priority based on the filing of a working model, the term of priority shall be only that which Article 4 has fixed for industrial models and designs. AD ARTICE 6. It is understood that the provision of the first paragraph of Article 6 does not exclude the right to require of the depositor a certificate of regular registration in the country of origin, issued by competent authority. It is understood that the use of badges, insignia or public decorations which shall not have been authorized by competent powers, or the use of official signs and stamps of control and of guaranty adopted, by a unionist country, may be considered as contrary to public order in the sense of No. 3 of Article 6. However, marks, which contain, with the authorization of competent powers, the reproduction of badges, decorations or public insignia, shall not be considered as contrary to public order. It is understood that a mark shall not be considered as contrary to public order for the sole reason that it is not in conformity with some provision of laws on marks, except in the case where such provision itself concerns public order. The present Final Protocol, which shall be ratified at the same time as the Act concluded on this day, shall be considered as forming an integral part of this Act, and shall be of like force, value and duration. In Witness Whereof; the respective Plenipotentiaries have signed the present Protocol. Done at Washington, in a single copy, June 2, 1911. HANIEL VON HAIMHAUSEN. H. ROBOLSKI. ALBERT OSTERRIETH. L. BARON DE HENGELMULLER. DR. PAUL CHEVALIER BECK DE MANNAGETTA ET LERCHENAU. JUAN RIAÑO Y GAYANGOS. J. FLOREZ POSADA. PIERRE LEFÈVRE-PONTALIS. GEORGES MAILLARD. A. MITCHELL INNES. W. TEMPLE FRANKS. LAZZARO NEGROTTO CAMBIASO. EMILIO VENEZIAN. G. B. CECCATO. K. MATSUI. MORIO NAKAMATSU. J. DE LAS FUENTES. SNYDER VAN WISSENKERKE. J. F. H. M. DA FRANCA, VTE. D'ALTE. ALBERT EHRENSVÄRD. P. RITTER. W. KRAFT. HENRI MARTIN. E. DE PERETTI DE LA ROCCA. LUDWIG AUBERT. ANTONIO MARTIN RIVERO. 1911. CONVENTION BETWEEN THE UNITED STATES, GREAT BRITAIN, RUSSIA, AND JAPAN FOR THE PRESERVATION AND PROTECTION OF FUR SEALS. Signed at Washington July 7, 1911; ratification advised by the Senate July 24, 1911; ratified by the President November 24, 1911; ratified by Great Britain August 25, 1911; ratified by Japan November 6, 1911; ratified by Russia October 22/November 4, 1911; ratifications exchanged at Washington December 12, 19111; proclaimed December 14, 1911. (Treaty Series, No. 564; 37 Statutes at Large, 1542.) ARTICLES. I. Prohibition relative to pelagic sealing. II. Prohibition relative to use of III. Importation of fur seal skins. V. Protection of sea otters. VII. Maintenance of guard or patrol. VIII. Cooperation for the prevention of pelagic sealing. IX. Pelagic sealing defined. X. Distribution of seals taken by the United States. XI. Payment by the United States, XIII. Distribution of seal skins by XIV. Distribution of seal skins by XV. Treaty of February 7, 1911, XVI. Effect; duration. The United States of America, His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, His Majesty_the Emperor of Japan, and His Majesty the Emperor of all the Russias, being desirous of adopting effective means for the preservation and protection of the fur seals which frequent the waters of the North Pacific Ocean, have resolved to conclude a Convention for the purpose, and to that end have named as their Plenipotentiaries: The 'resident of the United States of America, the Honorable Charles Nagel, Secretary of Commerce and Labor of the United States, and the Honorable Chandler P. Anderson, Counselor of the Department of State of the United States: His Britannic Majesty, the Right Honorable James Bryce, of the Order of Merit, his Ambassador Extraordinary and Plenipotentiary at Washington, and Joseph Pope, Esquire, Commander of the Royal Victorian Order and Companion of the Order of St. Michael and St. George, Under Secretary of State of Canada for External Affairs; His Majesty the Emperor of Japan, Baron Yasuva Uchida, Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, his Ambassador Extraordinary and Plenipotentiary at Washington; and the Honorable Hitoshi Dauké, Shoshii, Third Class of the Imperial Order of the Rising Sun, Director of the Bureau of Fisheries, Department of Agriculture and Commerce; His Majesty the Emperor of all the Russias, the Honorable Pierre Botkine, Chamberlain of. His Majesty's Court, Envoy Extraordi The protocol of deposit of ratifications of December 12, 1911, is printed in British and Foreign State Papers, civ, 180-181. nary and Minister Plenipotentiary to Morocco, and Baron Boris Nolde, of the Foreign Office; Who, after having communicated to one another their respective full powers, which were found to be in due and proper form, have agreed upon the following articles: ARTICLE I. The High Contracting Parties mutually and reciprocally agree that their citizens and subjects respectively, and all persons subject to their laws and treaties, and their vessels, shall be prohibited, while this Convention remains in force, from engaging in pelagic sealing in the waters of the North Pacific Ocean, north of the thirtieth parallel of north latitude and including the Seas of Bering, Kamchatka, Okhotsk and Japan, and that every such person and vessel offending against such prohibition may be seized, except within the territorial jurisdiction of one of the other Powers, and detained by the naval or other duly commissioned officers of any of the Parties to this Convention, to be delivered as soon as practicable to an authorized official of their own nation at the nearest point to the place of seizure, or elsewhere as may be mutually agreed upon; and that the authorities of the nation to which such person or vessel belongs alone shall have jurisdiction to try the offense and impose the penalties for the same; and that the witnesses and proofs necessary to establish the offense, so far as they are under the control of any of the Parties to this Convention, shall also be furnished with all reasonable promptitude to the proper authorities having jurisdiction to try the offense. ARTICLE II. Each of the High Contracting Parties further agreees that no person or vessel shall be permitted to use any of its ports or harbors or any part of its territory for any purposes whatsoever connected with the operations of pelagic sealing in the waters within the protected area mentioned in Article I. ARTICLE III. Each of the High Contracting Parties further agrees that no sealskins taken in the waters of the North Pacific Ocean within the protected area mentioned in Article I, and no sealskins identified as the species known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis, and belonging to the American, Russian or Japanese herds, except such as are taken under the authority of the respective Powers to which the breeding grounds of such herds belong and have been officially marked and certified as having been so taken, shall be permitted to be imported or brought into the territory of any of the Parties to this Convention. ARTICLE IV. It is further agreed that the provisions of this Convention shall not apply to Indians, Ainos, Aleuts, or other aborigines dwelling on the coast of the waters mentioned in Article I, who carry on pelagic sealing in canoes not transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and without the use of firearms; provided that such aborigines are not in the employment of other persons or under contract to deliver the skins to any person. ARTICLE V. Each of the High Contracting Parties agrees that it will not permit its citizens or subjects or their vessels to kill, capture or pursue beyond the distance of three miles from the shore line of its territories sea otters in any part of the waters mentioned in Article I of this Convention. ARTICLE VI.1 Each of the High Contracting Parties agrees to enact and enforce such legislation as may be necessary to make effective the foregoing provisions with appropriate penalties for violations thereof. ARTICLE VII. It is agreed on the part of the United States, Japan, and Russia that each respectively will maintain a guard or patrol in the waters frequented by the seal herd in the protection of which it is especially interested, so far as may be necessary for the enforcement of the foregoing provisions. ARTICLE VIII. All of the High Contracting Parties agree to cooperate with each other in taking such measures as may be appropriate and available for the purpose of preventing pelagic sealing in the prohibited area mentioned in Article I. ARTICLE IX. The term pelagic sealing is hereby defined for the purposes of this Convention as meaning the killing, capturing or pursuing in any manner whatsoever of fur seals at sea. ARTICLE X. The United States agrees that of the total number of sealskins taken annually under the authority of the United States upon the Pribilof Islands or any other islands or shores of the waters mentioned in Article I subject to the jurisdiction of the United States to which any seal herds hereafter resort, there shall be delivered at the Pribilof Islands at the end of each season fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Canadian Government and fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Japanese Government; provided, however, that nothing herein contained shall restrict the right of the United States at any time and from time to time to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, and to impose such restrictions and regulations upon the total number of skins to be taken in any season and the manner and times and places of taking them as may seem necessary to protect and preserve the seal herd or to increase its number. For act in execution of this article see 37 Statutes at Large of the United States, 499. |