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Construction of principal Act.
to trade marks, the registration whereof is applied for in the Manchester office, have the like jurisdiction under this Act as her Majesty's High Court of Justice in England, and the expression the court' in this Act shall be construed and have effect accordingly.
“ Provided that every decision of the Court of Chancery of the County Palatine of Lancaster in pursuance of this section shall be subject to the like appeal as decisions of that Court in other cases."
27. The principal Act shall, as from the commencement of this Act, take effect subject to the additions, omissions, and substitutions required by this Act, but nothing in this Act shall affect the validity of any act done, right acquired, or liability incurred before the commencement of this Act.
28. This Act shall, except so far as is by this Act otherwise specially provided, commence and come into operation on the first day of January, one thousand eight hundred and eightynine.
29. This Act may be cited as the Patents, Designs, and Trade Marks Act, 1888, and this Act and the Patents, Designs, and Trade Marks Acts, 1883 to 1886, may be cited collectively as the Patents, Designs, and Trade Marks Acts, 1883 to 1888.
Commencement of act.
INTERNATIONAL CONVENTION FOR THE PRO- .
TECTION OF INDUSTRIAL PROPERTY.
SIGNED AT PARIS, MARCH 20, 1883.
[Ratifications exchanged at Paris, June 6, 1884.]
1.- International Convention. His Majesty the King of the Belgians, his Majesty the Emperor of Brazil, his Majesty the King of Spain, the President of the French Republic, the President of the Republic of Guatemala, his Majesty the King of Italy, his Majesty the King of the Netherlands, his Majesty the King of Portugal and the Algarves, the President of the Republic of Salvador, his Majesty the King of Servia, and the Federal Council of the Swiss Confederation.
Being equally animated with the desire to secure, by mutual agreement, complete and effectual protection for the industry and commerce of their respective subjects and citizens, and to provide a guarantee for the rights of inventors, and for the loyalty of commercial transactions, have resolved to conclude a convention to that effect, and have named as their plenipotentiaries, that is to say :
His Majesty the King of the Belgians: the Baron Beyens, Grand Officer of His Majesty's Royal Order of Leopold, Grand Officer of the Legion of Honour, his Majesty's Envoy Extraordinary and Minister Plenipotentiary at Paris, &c. ;
His Majesty the Emperor of Brazil : M. Jules Constant, Count de Villeneuve, member of his Majesty's Council, his Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of his Majesty the King of the Belgians, Commander of the Order of Christ, Officer of his Majesty's Order of the Rose, Chevalier of the Legion of Honour, &c. ;
His Majesty the King of Spain : his Excellency the Duke
de Fernan-Nuñez, de Montellano et del Arco, Count de Cervellon, Marquis de Almonacir, Grandee of Spain First Class, Chevalier of the Distinguished Order of the Golden Fleece, Grand Cross of the Order of Charles III., Chevalier de Calatrava, Grand Cross of the Legion of Honour, Senator of the Kingdom, his Majesty's Ambassador Extraordinary and Plenipotentiary at Paris, &c.;
The President of the French Republic : M. Paul ChallemelLacour, Senator, Minister for Foreign Affairs ; M. Hérisson, Deputy, Minister of Commerce ; M. Charles Jagerschmidt, Minister Plenipotentiary of the First Class, Officer of the National Order of the Legion of Honour, &c. ;
The President of the Republic of Guatemala : M. CrisantoMedina, Officer of the Legion of Honour, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.
His Majesty the King of Italy : M. Constantin Ressman, Commander of his Majesty's Orders of Saints Maurice and Lazarus, and of the Crown of Italy, Commander of the Legion of Honour, Councillor of the Italian Embassy at Paris, &c.;
His Majesty the King of the Netherlands : the Baron de Zuylen de Nyevelt, Commander of his Majesty's Order of the Netherlands Lion, Grand Cross of his Majesty's Grand Ducal Order of the Oaken Crown, and of the Golden Lion of Nassau, Grand Officer of the Legion of Honour, his Majesty's Envoy Extraordinary and Minister Plenipotentiary at Paris, &c. ;
His Majesty the King of Portugal and the Algarves : M. Jose da Silva Mendes Leal, Councillor of State, Peer of the Realm, Minister and Honorary Secretary of State, Grand Cross of the Order of St. James, Chevalier of the Order of the Tower and Sword of Portugal, Grand Officer of the Legion of Honour, bis Majesty's Envoy Extraordinary and Minister Plenipotentiary at Paris, &c. ; M. Fernand de Azevedo, Officer of the Legion of Honour, First Secretary of the Portuguese Legation at Paris, &c. ;
The President of the Republic of Salvador : M. TorresCaïcedo, corresponding member of the French Institute, Grand Officer of the Legion of Honour, his Envoy Extraordinary and Minister Plenipotentiary at Paris, &c.;
His Majesty the King of Servia : M. Sima M. Marinovitch,
Chargé d'Affaires of Servia ad interim, Chevalier of the Royal Order of Takovo, &c.;
And the Federal Council of the Swiss Confederation : M. Charles Edouard Lardy, Envoy Extraordinary and Minister Plenipotentiary at Paris, &c. ; M. J. Weibel, Engineer at Geneva, President of the Swiss Section of the Permanent Commission for the Protection of Industrial Property ;
Who, having communicated to each other their respective full powers found in good and due form, have agreed upon the following Articles :
ARTICLE I. The Governments of Belgium, Brazil, Spain, France, Guatemala, Italy, Holland, Portugal, Salvador, Servia, and Switzerland constitute themselves into a union for the protection of industrial property.
ARTICLE II. The subjects or citizens of each of the contracting states shall, in all the other states of the union, as regards patents, industrial designs or models, trade-marks and trade names, enjoy the advantages that their respective laws now grant, or shall hereafter grant, to their own subjects or citizens.
Consequently they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided they observe the formalities and conditions imposed on subjects or citizens by the internal legislation of each state.
ARTICLE III. Subjects or citizens of states not forming part of the union, who are domiciled or have industrial or commercial establishments in the territory of any of the states of the union, shall be assimilated to the subjects or citizens of the contracting states.
ARTICLE IV. Any person who has duly applied for a patent, industrial design or model, or trade mark in one of the contracting states, shall enjoy, as regards registration in the other states, and reserving the rights of third parties, a right of priority during the periods hereinafter stated.
Consequently, subsequent registration in any of the other states of the union before expiry of these periods shall not be invalidated through any acts accomplished in the interval, either, for instance, by another registration, by publication of the invention, or by the working of it by a third party, by the sale of copies of the design or model, or by use of the trademark.
The above-mentioned terms of priority shall be six months for patents, and three months for industrial designs and models and trade-marks. A month longer is allowed for countries beyond sea.
ARTICLE V. The introduction by the patentee into the country where the patent has been granted of objects manufactured in any of the states of the union shall not entail forfeiture.
Nevertheless, the patentee shall remain bound to work his patent in conformity with the laws of the country into which he introduces the patented objects.
ARTICLE VI. Every trade-mark duly registered in the country of origin shall be admitted for registration, and protected in the form originally registered in all the other countries of the union.
That country shall be deemed the country of origin where the applicant has his chief seat of business.
If this chief seat of business is not situated in one of the countries of the union, the country to which the applicant belongs shall be deemed the country of origin.
Registration may be refused if the object for which it is solicited is considered contrary to morality or public order.
ARTICLE VII. The nature of the goods on which the trade-mark is to be used can in no case be an obstacle to the registration of the trade-mark.
ARTICLE VIII. A trade name shall be protected in all the countries of the union, without necessity of registration, whether it form part or not of a trade-mark.