ference, and which the United States delegates thought best to accept in lieu of their own:

In that which concerns patents, every State has the right to determine that for patents first applied for in it, the period of priority shall only run from the time when the description of the invention has been officially rendered public.

SEIZURE.

The proposition was, however, rejected, the Netherlands, Norway, Sweden, and Switzerland voting with the United States, against 8 votes adverse and 1 not voting.

The delegates were instructed to support an amendment to Article X of the convention, whereby an illicit trade-mark on imported merchandise should subject it to refusal of entry instead of to seizure, as contemplated in the terms of that article. The conference took no action on that proposition, but a declaration was made by one of its members to the effect that in the conference at Rome it had been agreed that seizure was not obligatory, but was only applicable within the limits authorized by the legislation of each State. On the demand of one of the United States delegates to know if there was any dissent from this view among the members of the present conference, it appeared there was none. The delegation therefore regard the object of the proposed amendment as substantially accomplished, and that the United States will acquit herself of her obligations under the convention whenever her laws provide for the refusal of entry of merchandise bearing false indications of origin. A serious obstacle to legislation in this country in the direction of fulfilling treaty obligations is thereby removed.

It perhaps should be remarked that in a conference of this character the United States is at a little disadvantage, by reason of the extreme liberality of her patent laws toward foreigners. The disposition was occasionally manifested among the delegates to ask concessions of some kind in return for their support of any particular proposition. But, since the patent laws of the United States already place aliens on the same footing as citizens in all respects, no concessions could be made. This liberality has been in accordance with settled policy and is perhaps on the whole advantageous, but in making international arrangements it seems unfortunate that we had not reserved something which would enable us by timely concessions to secure for our citizens reciprocal advantages in other countries.

If it should be thought that the errand of the delegation was futile in view of the barrenness in immediate practical results of the Madrid Conference, the delegates are of different opinion, since they believe that the foundations have been laid-and intimations to that effect were not lacking for future special conventions with one or more European States upon matters of industrial property, which shall be more advantageous to the United States than the convention of 1883.

It may be questioned whether it was wise on the part of our Government to enter the international Union without first ascertaining that the convention was consistent with our laws and advantageous to our citizens, and there may be a disposition to withdraw from it. The delegates are not prepared to advise such action at present. They are sensible of the value which attaches to membership in such a union and to a voice in its conferences; and in their judgment it

would be better to adhere to it, to urge upon Congress such constitutional legislation as our obligations to it require, and to appear at Brussels in 1893, renewing our propositions or presenting such others as the conditions at that time may dictate, with the hope that they may have a more favorable reception.

There has been no legislation in the United States since ratification of the convention with the object of carrying out its provisions. The patent laws were enacted in substantially their present form in 1870 and the trade-mark law in 1881. The United States adhered to the Union in 1887. Existing statutes make no provision for reciprocity and no advantage is given by them to citizens of the States of the international Union over those enjoyed by citizens of States not members of it. Neither does any pending bill before either House of Congress propose legislation in accordance with the convention. On the contrary, there is danger of laws being enacted that are at variance with it. Under the circumstances it would be expedient if a commission could be appointed to revise the patent and trade-mark laws, in view of our international relations, in the interest of a wider market for the inventions of our citizens and of a more ample protection for their good name as manufacturers and merchants, evidenced by their trade-marks and commercial names.

The delegates can not conclude this report without expressing their appreciation of the courtesies extended to them by the Spanish Government. All public institutions interesting to the traveler, art galleries, museums, armories, and both halls of the Cortes were thrown open to them. Tickets entitling them to free transportation on all the railways leading out of Madrid were freely given to all the delegates and to the members of their families whenever they were so accompanied. They were entertained by the Minister de Fomento, and a special reception in their honor was given by the Queen Regent at the Royal Palace. Nothing was left undone to add dignity and splendor to this occasion, the memory of which will be perpetua! testimony to the cordial welcome given by Spain to those who accepted her invitation to the International Conference of 1890.

We have the honor to be, very respectfully, your obedient servants, T. W. PALMER.

F. A. SEELY.
FRANCIS FORBES.

Hon. JAMES G. BLAINE,

Secretary of State.

CHAPTER IX.

LEGISLATION OF CERTAIN OF THE STATES OF THE UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY, GIVING FORCE AND EFFECT TO THE PROVISIONS OF THE CONVENTION CONCLUDED AT PARIS MARCH 20, 1883.

SECTION 1.

DENMARK.

(Law of March 28, 1894.)

SEC. 28. When an invention is shown at an International Exhibition in this country, which is acknowledged as such by the minister of interior, the inventor shall have the right to obtain a patent irrespectively of the invention having during that time been so described or applied as mentioned in section 1, clause 3, provided he lodges an application with the patent commission within six months of the invention being first shown at the exhibition. It may be provided by royal ordinance that the same shall apply to inventions which are shown at International Exhibitions held in a foreign State, and acknowledged as such by the State in question.

It may also be decided by royal ordinance:

1. That an inventor who has lodged an application for a patent for an invention in a foreign State shall have the right to obtain a patent in this country, irrespectively of the invention having during the following seven months been so described or applied as mentioned in section 1, clause 3, provided he, in the course of that period, lodges an application for a patent in this country; and

2. That the application so lodged in this country shall, relatively to other applications, be considered as made at the same time as the application in the foreign State.

SECTION 2.

GREAT BRITAIN.

(The Patents, Designs, and Trade-Marks Act, 1883.)

SEC. 103. (1) If Her Majesty is pleased to make any arrangement with the Government or Governments of any foreign State or States for mutual protection of inventions, designs, and trade-marks, or any of them, then any person who has applied for protection for any invention, design, or trade-mark in any such State, shall be entitled to a patent for his invention or to registration of his design or trade-mark (as the case may be) under this Act, in priority to other applicants; and such patent or registration shall have the same date as the date of the application in such foreign State.

Provided That his application is made in the case of a patent within seven months, and in the case of a design or trade-mark within four months, from his applying for protection in the foreign State with which the arrangement is in force.

Provided That nothing in this section contained shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification, or the actual registration of his design or trade-mark in this country, as the case may be.

(2) The publication in the United Kingdom or the Isle of Man during the respective periods aforesaid of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein during such periods of the trade-mark, shall not invalidate the patent which may be granted for the invention or the registration of the design or trade-mark.

(3) The application for the grant of a patent, or the registration of a design, or the registration of a trade-mark under this section, must be made in the same manner as an ordinary application under this Act: Provided That, in the case of trade-marks, any trade-mark the registration of which has been duly applied for in the country of origin may be registered under this Act.

(4) The provisions of this section shall apply only in the case of those foreign States with respect to which Her Majesty shall from time to time by Order in Council declare them to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State.

SEC. 39. The exhibition of an invention at an industrial or international exhibition, certified as such by the Board of Trade, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention, or the validity of any patent granted on the application, provided that both the following conditions are complied with, namely

(a) The exhibitor must, before exhibiting the invention, give the Comptroller the prescribed notice of his intention to do so; and

(b) The application for a patent must be made before or within six months from the date of the opening of the exhibition.

(The Patents Act, 1886.)

SEC. 3. Whereas by section 39 of the Patents, Designs, and TradeMarks Act, 1883, as respects patents, and by section 57 of the same Act as respects designs, provision is made that the exhibition of an invention or design at an industrial or international exhibition, certified as such by the Board of Trade, shall not prejudice the rights of the inventor or proprietor thereof, subject to the conditions therein mentioned, one of which is that the exhibitor must, before exhibiting the

invention, design, or article, or publishing a description of the design, give the Comptroller the prescribed notice of his intention to do so:

And whereas it is expedient to provide for the extension of the said sections to industrial and international exhibitions held out of the United Kingdom, be it therefore enacted as follows:

It shall be lawful for Her Majesty, by Order in Council, from time to time, to declare that sections 39 and 57 of the Patents, Designs, and Trade-Marks Act, 1883, or either of those sections, shall apply to any exhibition mentioned in the Order in like manner as if it were an industrial or international exhibition certified by the Board of Trade, and to provide that the exhibitor shall be relieved from the conditions, specified in the said sections, of giving notice to the Comptroller of his intention to exhibit, and shall be so relieved either absolutely or upon such terms and conditions as to Her Majesty in Council may seem fit.

MALTA.

(Ordinance No. XI of 1899.)

SEC. 5. Any person who has applied for protection of an invention in the United Kingdom or in any British possession, or any person who has applied for protection in any foreign State with which Her Majesty has made an arrangement for mutual protection of inventions, shall be entitled to a patent for his invention in these islands under this ordinance in priority to other applicants.

SEC: 6. With respect to foreign States the provisions of the next preceding article shall apply only in the case of those foreign States with respect to which Her Majesty shall from time to time, by order in council, declare the provisions of section 103 of the imperial act 46 and 47 Victoria, chapter 57, to be applicable, and so long only, in the case of each State, as the order in council shall continue in force with respect to that State.

NEW SOUTH WALES.

(Act of December 10, 1897.)

ART. 2. (1) If Her Majesty is pleased, by order in council, to apply the provisions in the said section 103 of the imperial act, called "The patents, designs, and trade-marks act, 1883," to this colony, then any person who has applied for protection for any invention, design, or trade-mark in England or in any foreign State with the Government of which Her Majesty has made an arrangement under the said section for mutual protection of inventions, designs, or trade-marks, or any of them, shall be entitled to a patent for his invention, or to registration of his design or trade-mark (as the case may be) under this act, in priority to other applicants; and such patent or registration shall take effect from the same date as the date of the application in England or such foreign State, as the case may be.

Such application shall be made in the case of a patent within seven months, and in the case of a design or trade-mark within four months, from such person applying for protection in England or the foreign State with which the arrangement is in force.

Nothing in this section contained shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the date of the actual acceptance of his