Page images
PDF
EPUB

the other conditions and formalities laid down by the laws and regulations of that country.

III. The present Convention is applicable to the marks for which legitimate protection is secured in both countries by the manufacturers and merchants making use of them; that is to say, the character of a French mark must be appreciated in Mexico according to French law, and the character of a Mexican mark must be appreciated in France according to Mexican law.

It is understood, however, that each of the two States reserves the right to refuse the registration, and prohibit the use of any trade-mark which in itself is contrary to public order, morality, or decency.

IV. Mercantile names, firm names, and name scrolls do not stand in need of registration to be protected in the two States.

V. The act of imprinting, or causing to be imprinted, upon any article a false indication as to the place of its origin (manufacture), whereby one of the Contracting States, or a place situated in either of them, is, directly or indirectly, referred to as the country or place where the article originated, shall be punished conformably to the legislation of each State. If the legislation of either has made no special provisions for this case, such an act will be subject to the enactments which are in force for the infringement of trademarks.

VI. Any article bearing a false indication of origin, whereby one of the Contracting States, or a place situated in either of them, is, either directly or indirectly, referred to as the country or place of origin, will be confiscated upon importation into each one of the said States.

The confiscation may also take place in the State where the false indication of origin has been imprinted on the article, or in the country into which the article bearing the faise indication has been introduced.

If the legislation of either of the two States does not allow of confiscation by reason of the importation of an article, then, instead of that measure, the importation of the article will be prohibited.

If the legislation of either of the two States does not allow of the prohibition to import, or of confiscation either at the place of importation or in the interior, then said confiscation or said prohibition shall be replaced by such action and such measures as the laws of the State render available to the prosecuting attorney or to natives of the country in such cases.

VII. Articles III, V, and VI shall be enforced at the instance of the prosecuting attorney or of the party affected, whether an individual or a company, according to the legislation of each State.

Any manufacturer, merchant, or producer, taking part in the

making, commercial handling, or production of the article in question, who is established in the city, locality, region, or country, falsely indicated as places of origin, will be regarded as an affected party.

In the case of the transit of merchandize, the authorities will not be obliged to effect the confiscation.

VIII. These enactments do not prevent the vendor from indicating his name and address on products coming from a country other than that in which they are to be sold; but in such cases the name of the country, or place of manufacture or production, in legible characters, must be added to such name and address.

IX. The Tribunals of each country will decide which are the designations that, by their generic character, are excluded from the provisions of the present Convention. Nevertheless, regional designations of the origin of vinous products are not included in the exception established in this Article.

X. The present Convention shall be ratified, and the ratifications exchanged as soon as the formalities prescribed by the Constitutional laws of the Contracting States have been carried out.

It shall come into force from the day on which such exchange of ratifications may be made, and shall be binding until one of the two Contracting Parties shall advise the other, giving six months' notice, of its intention of allowing it to lapse.

In witness whereof the respective Plenipotentiaries have signed the present Convention, and affixed their seals thereto.

Done in Mexico in duplicate, this 10th day of April, 1899. (L.S.) IGNACIO MARISCAL.

(L.S.) H. BOULARD POUQUEVILLE.

NOTE of the Servian Government, declining to accede to the
Venice Sanitary Convention of the 19th March, 1897.*—
Belgrade, February 7
January 25 1899.

The Servian Ministry of Foreign Affairs to the Italian Legation at

Belgrade.

7 Février'

Belgrade, le 25 Janvier, 1899. EN réponse aux notes de la Légation de Sa Majesté le Roi d'Italie du et Février, 1898, le Ministère des Affaires Étrangères a l'honneur de l'informer que le Gouvernement Royal, à son plus grand regret, ne peut consentir à l'adhésion de la Serbie aux

[blocks in formation]

ratifications de la Convention Sanitaire de Venise,* pour les raisons suivantes :

1. Parce que dans la séance plénière du 2 Mars, 1898, de la Conférence, le Délégué du Royaume de Serbie, M. le Dr. Jovanovitch-Batout, a eu l'honneur de présenter un rapport, dans lequel il s'étendait sur l'état déplorable de la ville de Salonique et de son port, qui, d'après des données de statistique, est visité annuellement par environ 4,123 navires, provenant de tous les parages de l'Orient, et que, par suite de ces considérations, le Délégué Serbe a demandé que la Conférence veuille bien prendre la même décision relativement aux mesures prophylactiques à adopter pour l'amélioration de l'état sanitaire de Salonique et de son port que celle qui a été prise par la Conférence de Dresde relativement à l'amélioration de l'état sanitaire de la ville de Soulina (voir procès-verbal de la Conférence).

2. Vu que la Conférence, ni en séance ni dans la Commission, n'a pris aucune décision positive relativement au rapport du Délégué du Royaume de Serbie, qui s'est vu obligé de renouveler sa proposition dans la séance du 11 Mars, et dont seulement acte a été pris (voir le procès-verbal de la séance).

3. Enfin, en présence d'un tel état de choses, le Gouvernement Royal se voit obligé d'approuver les réserves formulées dans le second Article du projet de son Délégué, et, par suite, de ne pouvoir procéder à la ratification de la Conférence de Venise, afin d'être libre, le cas échéant, de prendre telles mesures sanitaires qu'il jugera à propos pour préserver la Serbie de la contagion de la peste.

En conséquence, le Ministère des Affaires Étrangères a l'honneur de communiquer la présente résolution à la Légation de Sa Majesté le Roi d'Italie, avec prière de vouloir bien la porter à la connaissance de son Gouvernement, aux fins de la transmettre au Bureau International de la Convention Sanitaire.

(L.S.)

RULES of Procedure adopted by the Court of Arbitration in the Anglo-Venezuelan Guiana Boundary Question.-Paris, June 14, 1899.

THE Tribunal of Arbitration, established in virtue of the Treaty of Washington of the 2nd February, 1897,† to decide the boundary claims between Great Britain and the United States of Venezuela, has adopted the following rules of procedure for its meetings:1. At the opening of its meetings the Tribunal of Arbitration * Vol. LXXXIX, page 159. † Vol. LXXXIX, page 57.

shall, upon the proposal of the President, appoint Secretaries, who shall be charged with drawing up full reports of all its proceedings. The Agents of the two Governments being in dispute have the right to appoint their special Secretaries for the purpose of drawing up reports of all the proceedings of the Tribunal, except the deliberations of the Tribunal with closed doors.

2. The reports of the proceedings of the Tribunal of Arbitration shall be signed by the President, the two Agents of the Governments in dispute, and countersigned by the Principal Secretary. These reports alone are authoritative, and have full legal force.

3. At all debates and deliberations of the Tribunal of Arbitration the proceedings shall be carried on in French or in English. The final report of proceedings shall be drawn up in three languages: English, French, and Spanish.

4. The Agents of the two Governments in dispute are required to communicate to the Tribunal the names of their Counsel and special Secretaries.

5. The public shall be admitted to the public meetings of the Tribunal of Arbitration only on presentation of tickets, to be obtained from the Secretaries of the Tribunal.

6. The President of the Tribunal of Arbitration has the direction of all the debates and deliberations before the Tribunal.

7. In case of the temporary illness of any one of the members of the Tribunal of Arbitration, or of the Agents of the Government of the United States of Venezuela or of Great Britain, the meetings of the Tribunal may be suspended for a short period of time. In case of the long or serious illness of any one of the members of the Tribunal, Article II of the Treaty of Washington of the 2nd February, 1897, shall be put in force.

8. The preliminary proceedings of the Tribunal of Arbitration, consisting in the communication by the two Governments in dispute of all written acts and documents relative to the present trial, being closed, the Tribunal of Arbitration, by virtue of the stipulations of the Treaty of Washington, shall have the right to refuse to receive any new acts or documents which the Representatives of the two above-mentioned Governments may wish to present.

9. At the same time the Tribunal of Arbitration has full power and liberty to take into consideration any new acts or documents to which the Agents or Counsel of the two Governments in dispute may invite the attention of the Tribunal. It has further the right to demand the production of these acts or documents and to communicate them to the Party opposed.

10. The Tribunal of Arbitration has the right to require the Agents of the two Governments in dispute to produce any act or document, and to made any explanations it may deem necessary.

11. The Agents or Counsel of the two Governments in dispute have full right to produce before the Tribunal of Arbitration any oral explanations they may consider necessary to the due development of their case.

12. The aforesaid Agents or Counsel have equally the right to submit to the Tribunal of Arbitration any motion or amendment to the subject under discussion. All decisions arrived at by the Tribunal on such motions or amendments shall be regarded as final and not admitting any further debate.

13. The members of the Tribunal of Arbitration have the right to put questions to the Agents or Counsel of the two Governments in dispute, or to demand further and more detailed explanations on all doubtful points. Neither the questions that may be put, nor the observations made, by members of the Tribuual shall be regarded as expressing the views of the Tribunal in general, or of its members in particular.

14. The Tribunal of Arbitration is authorized to determine its competency on any point exclusively on the basis of the Treaty of Washington of the 2nd February, 1897, and in accordance with the principles of international law.

15. After the Agents or Counsel of the two Governments in dispute have laid before the Tribunal of Arbitration all their explanations and proofs, the President shall declare the debates to be closed.

16. The Tribunal of Arbitration may, during the debates before it, discuss any questions with closed doors.

17. In matters of procedure all decisions are taken by the majority of votes of members present.

18. The failure of any one of the members of the Tribunal of Arbitration to take part in the voting shall be duly noted in the report of the proceedings.

19. The final Award, decided by the majority of votes, shall be drawn up in English, French, and Spanish.

Translations in French and Spanish shall be certified by the Agents of the two Governments.

20. The refusal, if any, on the part of the minority of members of the Tribunal to sign the Award shall be duly noted in the report of the proceedings.

21. The final Award shall be solemnly read in public meeting of the Tribunal of Arbitration in presence of the members. The Agents and Counsel of the two Governments being in dispute shall be invited to assist at this public meeting.

22. Three copies of the final Award shall be drawn up, and of these copies one shall be presented to the Agent of the Government of Great Britain, to be communicated to his Government, and the

« PreviousContinue »