« PreviousContinue »
The certificate vests in the applicant the exclusive right to the invention within the island for fourteen years; but if at any time during that term it shall be made to appear that the invention is not new as to the public use and exercise thereof in the island, or that the invention is prejudicial or inconvenient to the public, then the applicant's exclusive privileges will become void.
The fees payable to the Registrar General on leaving the declaration and specification, and for publication of same in Gazette, amount to £10 108.
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 other states of the Union, as regards patents ... 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 recourse on any infringement of their rights, provided they observe the formalities and conditions imposed on subjects or citizens by the internal legis. lation 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 on 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 registered an application for a patent ... 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.
| Vide paragraph 1 of Protocol. 2 Vide paragraph 3 of Protocol.
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 registration, by publication of the invention, or the working of it by a third party ...
The above-mentioned terms of priority shall be six months for patents and three months for designs, models, and trademarks. 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 (exploiter) his patent in conformity with the laws of the country into which he introduces the patented objects (où il introduit les objets brevetés.)
[Articles VI.-X. relate exclusively to designs and trade marks. ]
ARTICLE XI. The high contracting parties agree to grant temporary protection to patentable inventions, . . . for articles appearing at official or officially-recognized International Exhibitions.
Each of the high contracting parties agrees to establish a special government department for industrial property, and a central office for communication to the public of patents.
ARTICLE XIII. An international office shall be organised under the name of · Bureau International de l'Union pour la Protection de la Propriété Industrielle.' (International Office of the Union for the Protection of Industrial Property.)
This office, the expense of which shall be defrayed by the Governments of all the contracting states, shall be placed under the high authority of the Central Administration of the Swiss Confederation, and shall work under its supervision. Its functions shall be determined by agreement between the states of the Union.
ARTICLE XIV. The present Convention shall be submitted to periodical revisions, with a view to introducing improvements calculated to perfect the system of the Union.
To this end conferences shall be successively held in each of the contracting states by delegates of the said states. The next meeting shall take place, in 1885, at Rome.
ARTICLE XV. It is agreed that the high contracting parties respectively reserve to themselves the right to make separately, as between themselves, special arrangements for the protection of industrial property, in so far as such arrangements do not contravene the provisions of the present Convention.
ARTICLE XVI. States which have not taken part in the present Convention shall be permitted to adhere to it at their request.
This adhesion shall be notified diplomatically to the Government of the Swiss Confederation, and by the latter to all the others. It shall imply, de jure, accession to all the clauses, and admission to all the advantages stipulated by the present Convention.
ARTICLE XVII. The carrying out of the reciprocal engagements contained in the present Convention is subordinated, in so far as necessary, to the observance of the formalities and rules established by the constitutional laws of those of the high contracting parties who are obliged to elicit their application, which they engage to do as early as possible.
ARTICLE XVIII. The present Convention shall come into operation within one month after exchange of ratifications, and shall remain in
force for an unlimited time, till the expiry of one year from the date of its denunciation. This denunciation shall be addressed to the Government commissioned to receive adhesions. It shall only affect the state which shall have denounced the Convention—the Convention remaining intact for the other contracting parties.
ARTICLE XIX. The present Convention shall be ratified, and the ratifications of it exchanged in Paris, within one year at the latest.
In witness whereof the respective Plenipotentiaries have signed it, and thereto affixed their seals.
Done at Paris the 20th of March, 1883.
PROTOCOL The plenipotentiaries of the contracting states, when signing the accompanying Convention, at the same time signed an explanatory Protocol, the substance of which is as follows:
1. The words 'industrial property' are to be understood in their broadest sense; they are not to apply simply to industrial products properly so-called, but also to agricultural products (wines, corn, fruits, cattle, &c.), and to mineral products employed in commerce (mineral waters, &c.).
2. Under the word 'patents' are comprised the various kinds of industrial patents recognised by the legislation of the contracting states, such as improvement patents, &c.
3. The last paragraph of Article II. does not affect the legislation of the contracting states, relating to legal procedure, jurisdiction, &c.
4. Paragraph 1 of Article VI. is to be understood as meaning that no trade mark shall be excluded from protection in any state of the Union, because it does not satisfy, in regard to the signs composing it, the conditions of the legislation of that state, provided that on this point it comply with the legal requirements of the country of origin, and that it had been properly registered in said country of origin. With this exception, which relates only to the form of the mark, and otherwise reserving the clauses of the other articles of the