CHAPTER XIII.

LAWS OF CERTAIN FOREIGN COUNTRIES IN RESPECT TO ELECTION OF DOMICILE BY NONRESIDENT APPLICANTS FOR PATENT.

SECTION 1.

CANADA.

(Law of July 9, 1892.)

ART. 11. The applicant for a patent shall, for the purposes of this act, elect his domicile at some known and specified place in Canada, and shall mention the same in his petition for a patent.

SECTION 2.

DENMARK.

(Law of April 13, 1896.)

ART. 13. In case the applicant does not reside in this country, the application must be accompanied by a declaration naming an attorney residing in this country who will represent him in matters pertaining to the patent, and particularly who is to accept on behalf of the patentee such lawsuits which, in conformity with this law, may be commenced against him; and such declaration must be provided with the signature of the attorney, under the statement that he accepts such power of attorney.

SECTION 3.

GERMANY.

(Law of April 7, 1891.)

SEC. 12. A person not residing in the country (the German Empire) is only then entitled to a patent grant and the rights proceeding from the same when he has appointed a representative residing in the country (German Empire).

The latter is authorized to represent the patentee in all proceedings prescribed by this present law, as well as in all civil law suits, and to enter criminal suits relating to the said patent.

The place where the representative has his domicile, and if such is wanting, the place where the patent office has its seat is, according to section 24 of the Regulations of the Civil Law, considered the place of domicile of the property, id est, the patent rights.

S. Doc. 43-11

SECTION 4.

NORWAY.

(Law of June 16, 1885.)

ART. 13. If the applicant is not a resident in Norway, he must name in his application a deputy residing within the Kingdom, who shall represent him in all matters connected with the patent and who can be summoned on his account. A ratified copy of the document appointing such deputy with full powers and accepted by said deputy shall accompany the application. Likewise always shall the application, if not signed by the applicant himself, be accompanied by the necessary full powers to the person who signs it.

SECTION 5.

SWEDEN.

(Law of May 16, 1884.)

§4. If the applicant be not resident in the country, he must attach to the application an authorization for someone residing within the Kingdom to act as his representative, empowered to answer for him in all matters concerning the patent.

§ 13. If the holder of the patent go abroad, or the patent be transferred to a person not residing in the Kingdom, the holder of the patent shall be required to send in to the patent authority the power of attorney for a legal representative, as mentioned in § 4, first section. If the representative of the holder of the patent leave his country or his charge otherwise cease, the holder of the patent shall send in a power of attorney for a new representative. If no notice be taken of what in this manner is ordered, a judge can, on being notified of the facts of the case, effect the selection of a deputy for the holder of the patent.

SECTION 6.

SWITZERLAND.

(Law of June 30, 1888.)

ART. 11. Any person not domiciled in Switzerland can not be entitled to the grant of a patent and the enjoyment of the rights derived therefrom unless he has nominated a representative domiciled in Switzerland. The latter is authorized to represent the nominator in all the steps to be taken pursuant to the present law as well as in all procedings concerning the patent. That tribunal is considered as competent to take cognizance of actions brought against the owner of a patent in the jurisdiction of which the representative is domiciled; if there be no such court, that one within the jurisdiction of which the federal office is situated.

CHAPTER XIV.

LEGISLATION OF CERTAIN FOREIGN COUNTRIES IN REFERENCE TO COLLECTIVE TRADE-MARKS.

SECTION 1.

FRANCE.

(Law of November 26, 1873.)

ARTICLE 1. Any owner of a trade-mark registered in accordance with the law of June 23, 1857, shall be permitted, on written application, to have placed by the State, on the labels, bands, or wrappers of paper, or on the labels or impressions in metal in which the mark appears, a special stamp, printed or impressed, intended to affirm the authenticity of such mark.

The impressed stamp shall be placed on the mark which is applied directly to the goods, if in the opinion of the Government it can be so applied.

ART. 7. The printed or impressed stamp placed on a trade-mark becomes an integral part of the mark.

If the Government fails to prosecute, either in France or abroad, the counterfeiting or falsification of the said printed or impressed stamp, the prosecution may be carried on by the owner of the mark.

SECTION 2.

GERMANY.

(Imperial decree of March 16, 1872.)

** * I authorize all German manufacturers to make use of a reproduction of the imperial eagle in the form prescribed by my decree of August 3 of last year, type No. 2, to distinguish their articles of . merchandise or labels. (Reichs-Gesetzblatt, 1872, p. 90.)

* * *

SECTION 3.

GREAT BRITAIN.

(Act of 1883.)

ART. 81. (11) A body of persons, corporate or not corporate, may (notwithstanding anything in any act relating to the Cutlers' Company) be registered in the Sheffield register as proprietor of a trade-mark or trade-marks.

SECTION 4.

PORTUGAL.

(Law of May 21, 1896.)

ART. 66. Marks may be registered in favor of a person, a firm, a joint stock company, a corporation, or an individual.

ART. 81. The proprietor or proprietors of a mark who desires, for the better guaranty of his goods, the addition of the stamp of the State impressed, punched, or branded, must present with his application the labels, packages, or articles in question, paying for this service a sum which shall be fixed by regulation.

ART. 82. The stamp establishes a legal presumption of the genuineness of the marks to which it is applied.

ART. 83. The stamp shall be applied in the department of industry or other place which may be appointed.

ART. 84. The application for the affixing of the stamp must be signed by the person who effected the registration, or be accompanied by a power of attorney from the proprietor, or by a document proving the ownership of the mark to be stamped.

SECTION 5.

SWITZERLAND.

(Law of September 26, 1890.)

ART. 7. The following may register their marks:

(3) Associations of manufacturers, producers, and traders who satisfy the condition above stated under (1) and (2),' and who possess legal competency (capacité civile), as well as public authorities.

2

With respect to location either in Switzerland or in a country which accords reciprocity to Swiss citizens.

2 In order to be competent under the law such associations must be enrolled on the commercial register.

This provision permits also the creation of municipal or regional marks which may be made use of only by manufacturers or producers located in a locality noted for its manufacturers or agricultural products (message of the federal council of January 28, 1890). (Recueil Général, p. 572, note.)

CHAPTER XV.

LEGISLATION IN UNITED STATES CONCERNING TRADE-MARKS.

SECTION 1.

DEBATE IN CONGRESS PRECEDING THE ACT OF 1870.

A.-In United States Senate.

[Congressional Globe, part 6, 1869-70, 41st Cong., 2d sess., p. 4821.]

Mr. WILLEY. The several sections next succeeding the one just read introduce a new feature into our patent laws connected with trademarks. The committee instructed me to report an amendment to strike out those sections. Subsequent reflection has suggested to me whether the action of the committee in that respect was altogether best, and I am disposed to think that some of the members of the committee perhaps have come to the same conclusion.

Mr. SUMNER. I should hesitate very much about striking them out. Mr. WILLEY. That is just what I am going to say, if the Senator pleases. The committee did not understand the subject very well when they made this report, and did not at that time examine it. They thought that under the common law every man had a right to his own trade-mark and could protect himself, but subsequent reflection and examination have convinced me, at least, that these sections ought to be retained. I have examined them and I see that they have been drawn by a careful hand, and so far as I can understand the matter, they meet the case very fairly. They nationalize our trade-marks and put us on an equality with other nations in that respect. It strikes me, on reflection, that they ought to be retained.

That is the result to which my own mind, as a member of the committee, has come, and I am very willing that the Senate should disagree with the recommendation of the committee.

Mr. SUMNER. I would remark that they seem to me of practical value to our own citizens, especially abroad. How can they have their trademarks protected in other countries if a protection is not provided for trade-marks here? There must be reciprocity in that respect, and it seems to me that single consideration is decisive of the case.

But, independent of our fellow-citizens who now have interests abroad, I think that these sections are of value to all here at home, having put into the text of a statute rules and principles which have been matured at the common law and recognized by our courts, but which have new character and value and explicitness from being set forth in the statute. I hope, therefore, that the chairman of the committee will allow these sections to stay in the bill.

Mr. CARPENTER. As a member of the committee, I desire to join with our chairman in saying that, on reflection, I think these sections