ARTICLE 2 A period of one year from the coming into force of the present Agreement, without additional charge or penalty of any description, shall be allowed to the lawful holders of the rights recognised by the Convention in order to complete every act, to fulfil every formality, to pay every charge and generally to comply with every obligation prescribed by the laws and regulations of each State in order to preserve or to obtain the rights of industrial property already acquired on the 1st August, 1914, or which, had the war not occurred, it would have been able to acquire since that date, consequent on an application made before the war or in the course of its duration. The industrial property rights which may have lapsed owing to the failure of accomplishment of an act, of execution of a formality or of payment of a charge shall be restored in efficiency under reserve of the rights possessed by third parties bonâ fide in patents or utility models or in industrial designs or models. ARTICLE 3 The time included between the 1st August, 1914, and the date of the coming into force of the present Agreement shall not be reckoned in the period provided for the working of a patent or for the usage of trade-marks or for the working of industrial designs and models; moreover, it is agreed that any patent, trade-mark or industrial design or model which was actually in existence on the 1st August, 1914, shall not be liable to forfeiture or cancellation solely for failure to work or non-usage before the expiration of a period of two years from the coming into force of the present Agreement. ARTICLE 4 The provisions of the present Agreement only imply a minimum of protection; they do not prevent a claim to the application of more extensive measures which may be decreed by the domestic legislation of a contracting country; they also allow the existence of agreements more favourable and not inconsistent which the Governments of the signatory countries may have concluded or shall conclude between themselves in the shape of special treaties or reciprocity clauses. ARTICLE 5 The provisions of the present Agreement in no way affect the stipulations agreed to between the belligerent countries in the Treaties of Peace signed at Versailles on the 28th June, 1919, and at Saint-Germain on the 10th September, 1919, in so far as those stipulations may contain reserves, exceptions or restrictions. The present Agreement shall be ratified and the ratifications shall be deposited at Berne within a period of three months at most. It shall come into force as between the High Contracting Parties who shall have ratified it on the date when the procès-verbal of the deposit of ratifications shall be drawn up, and for any other Power on the date of the deposit of its ratification. The countries which shall not have signed the present Agreement can adhere on making application. Such accession shall be notified in writing to the Government of the Swiss Confederation, and by the latter to all the others. It will entail, as a matter of right and without delay, adhesion to all the clauses and admission to all the advantages stipulated in the present Agreement. It shall have the same force as the General Convention, and it will cease to be effective by simple resolution of a Conference (Article 14 of the Convention) when it shall have fulfilled its temporary object. The present Agreement shall be signed in a single copy, which shall be deposited in the archives of the Government of the Swiss Confederation. certified copy shall be forwarded by the latter to each of the Governments of the signatory countries. The undersigned Plenipotentiaries, duly authorised thereto, have assembled to-day with the object of signing the Agreement respecting the preservation or the restoration of the rights of industrial property affected by the world. war. Before signing they have taken cognizance of the following explanatory Declaration read by the Plenipotentiary of Switzerland: "At the request of several Governments addressed to the Swiss Federal Council, it is formally put on record that, as the latter has explained in its note of the 29th May, 1920, the date of the first exchange of ratifications will be considered for all the countries adhering to the present Agreement or which will adhere in the future as the starting point of the various periods provided for therein." The Plenipotentiary of Sweden afterwards read the following Declaration:"Sweden adheres to the present Agreement only as regards patents and utility models, to the exclusion of trade-marks and industrial designs and models, and that under the following restrictions: "1. According to existing legislation in Sweden, which cannot be altered without the consent of Parliament, the period of priority referred to in the first article of the present Agreement expires on the 30th June, 1920. "2. In accordance with a Swedish law which is about to be adopted, the request that, as regards an application for a patent which shall have been forfeited or rejected, it may be re-examined, should be deposited before the 1st January, 1921, or, when the declaration of forfeiture or of rejection intervenes after the 30th June, 1920, within six months after the decision. "According to the same law, the request with a view to the restoration of a patent should be deposited before the 1st January, 1921. "Nevertheless, it is provided that, by a general measure, these periods can be prolonged for six months." In witness whereof, the undersigned Plenipotentiaries have adopted the present procès-verbal. Procès-Verbal of the Deposit of Ratifications of the Agreement, signed at Berne on June 30, 1920, respecting the Preservation or the Restoration of the Rights of Industrial Property affected by the World War In execution of the Agreement respecting the preservation or the restoration of the rights of industrial property affected by the world war, signed at Berne on the 30th June, 1920, and following on the invitation addressed to this effect by the note of the 11th September, 1920, from the Swiss Federal Council to the Governments of the High Signatories, the undersigned duly authorised thereto, have assembled to-day at the Federal Palace at Berne in order to proceed to the examination and to the deposit of the acts of ratification of the aforesaid Agreement by their respective Governments. The instruments of these acts have been produced, and being recognised as in good and due form have been handed to the representative of the Swiss Government in order to be deposited in the archives of the Confederation. The act of ratification of His Majesty the King of Sweden mentions the two reserves, the text of which appears in the procès-verbal of signature of the 30th June, 1920. Moreover, it is established that, according to the explanatory declaration read by the plenipotentiary of Switzerland at the signature of the Agreement, and inserted in the procès-verbal of the 30th June, 1920, the date of the first exchange of ratifications, that is, the 30th September, 1920, shall be considered for all the countries which take part in the Agreement or which will adhere to it in the future as the starting point of the periods provided for in Articles 1 to 3. Finally, the undersigned confirm that, according to the documents presented to them by the representative of the Swiss Government, the accessions of the following countries have been notified to the Swiss Federal Council in the interval between the signature of the Agreement and to-day: Morocco (territory of the French Protectorate), the 10th July, by note from the French Embassy at Berne. Great Britain, the 31st August, by note from the British Legation at Berne. The Government of His Britannic Majesty, however, qualifies its accession by the following reserve: "The extended periods provided for by articles 1 and 2 of the Agreement will terminate, as regards the United Kindgom, on the 10th January, 1921." The said Government reserves to itself the power of adhering subsequently to the Agreement on behalf of the British Possessions oversea which have signed the revised Union Convention of 1900 (Paris-Brussels) or that of 1911 (Paris-Brussels-Washington). Consequently, the above-mentioned Agreement comes into force to-day between the following States: Germany, France, Great Britain (under the reserve cited above), Morocco (territory of the French Protectorate), Poland, Sweden (under the two reserves above mentioned), Switzerland and Tunis. The Governments of the following States are not yet in a position to deposit their ratifications: the Netherlands, Portugal, Czecho-Slovakia. In witness whereof the present procès-verbal has been drawn up, which will be deposited in the archives of the Swiss Confederation and of which a certified copy will be forwarded by the Government of that country to the Governments of the other countries members of the International Union for the Protection of Industrial Property. Done at Berne, the 30th September, 1920. AGREEMENT BETWEEN THE UNITED KINGDOM AND PERU RESPECTING THE MINERAL PROPERTY "LA BREA Y PARIÑAS"1 Signed at Lima, August 27, 1921 WHEREAS differences have arisen between the Government of His Britannic Majesty and the Government of the Republic of Peru concerning certain Supreme Resolutions or Decrees of the latter Government in relation to the mineral property of "La Brea y Pariñas," situated in the Province of Paita, Republic of Peru, and owned by the heirs of the late William Keswick, a British subject, and leased to the London and Pacific Petroleum Company (Limited), a company incorporated under the laws of Great Britain; and Whereas the Government of His Britannic Majesty has requested the Government of the Republic of Peru to submit said differences to international arbitration, and the Congress of Peru, by law No. 3016 promulgated by the President of Peru on the 10th January, 1919, has authorised the Executive Power to conclude an agreement with the Government of His Britannic Majesty to submit to the definite decision of an International Tribunal the controversy pending between the two Governments in the matter above mentioned; Now therefore His Britannic Majesty, through his representative, Mr. A. C. Grant Duff, Envoy Extraordinary and Minister Plenipotentiary; and 1 British Treaty Series, 1922, No. 1. |