Working. Section 27..... International Union. Coming Conference at Washington. Portugal. Trade Marks. Crown, registerable.. Proposed Patent Bar Association. Uruguay. Trade Marks. Decision.. Denmark. Patents. Working.. Great Britain. Patents. Applications under International Convention. Greece. Trade Marks. Counterfeiting. Remedies. Japan-United States. Patents. Trade Marks. Designs. Treaty 3471 3476 3477 3474 3500 3472 3471 3494 3474 3472 3474 3472 3471 United States-Japan. Patents. Trade Marks. Designs. Treaty United States Practice. Food and Drugs Act, Judgments. Patents. Drawing should clearly disclose invention. 3472 3494 3500 3495 Trade Marks. Description of Goods. Columbia Cotton Oil and Provision Corp. 3498 WM. WALLACE WHITE, Proprietor and Publisher. 305-309 Broadway, Borough of Manhattan, New York City, N. Y., U. S. A. 3495 THE Patent and Trade Mark Review A monthly journal for the publication of new laws and PUBLISHED BY WM. WALLACE WHITE, Successor to Attorney and Counsellor at Law, Volume 1, October, 1902, to September, 1903; Advertising rates on application. WHILE THE UTMOST CARE IS TAKEN TO INSURE ACCURACY IN THE MATTER THAT APPEARS IN THE REVIEW, NO RESPONSIBILITY IS ASSUMED ON ACCOUNT OF ERRORS OR INACCURACIES WHICH MAY OCCUR THEREIN. Denmark. PATENTS--Working. The Court at Copenhagen, in a decision rendered March 25th, 1911, declared that a patent, which had been worked on a small scale only, was void for want of sufficient working. The Court, it appears, based its decision on the ground that the law requires a real commercial working in order to maintain a patent. The decision is subject to appeal to the Supreme Court, but we are not informed whether it will be appealed. The safest course for the Patentee is to make early application for release from working, or for extension of working term. Portugal. TRADE-MARKS.-Decision. It appears that application was made for the registry of Trade-Mark No. 11969, that the application was rejected on the ground that the mark consisted of a Crown which was the private emblem of the King, and the use of which was prohibited. In consideration of the fact that the Kingdom was abolished by the Proclamation of the Republic of Portugal, the reason for rejecting the application has ceased to exist. In view of Act 28 of the law of March 28, 1895, the proper authorities were ordered to register the mark forthwith.-(Boletim da Propriedade Industrial.) Uruguay. TRADE-MARKS.-Practice. Article 27 of the Trade Mark Law of July 13, 1909, provides that foreign marks may be registered only by the owners thereof or by "their duly authorized agents." This provision was adopted principally to stop the practice under which local dealers and agents of foreign manufacturers were enabled to register, in their own names, the trade marks of their principals. Cases arose where, before the principals were aware of what was being done, the exclusive right to handle articles bearing a particular trade mark would be transferred from manufacturer to agent. The Ministry of Industries holds, in a recent decision, for copy of which we are indebted to Messrs. Barbosa, Caravia & Co., of Montevideo, that the authorization required of the agent, must consist of a written document executed by the owner of the mark, which formally authorizes the agent to apply for registration of a designated mark or marks. Furthermore, under Article 15 of the law, the agent must prove that he is actually engaged in industry or commerce. Canada. PATENTS.-Combines Investigation Act. This law, enacted in 1910 and cited as Act 9-10, Edward VII, Chapter 9, includes a provision directly affecting Patent owners, which will doubtless prove of interest to our readers. The provision is as follows: "Section 22. In case the owner or holder of any patent issued under THE PATENT ACT has made use of the exclusive rights and privileges which, as such 3472 CANADA.-TURKEY.-UNITED STATES-JAPAN.-SPAIN. owner or holder, he controls, so as unduly to limit the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article which may be a subject of trade or commerce, or so as to restrain or injure trade or commerce in relation to any such article, or unduly to prevent, limit or lessen the manufacture or production of any article or unreasonably to enhance the price thereof, or unduly to prevent or lessen competition in the production, manufacture, purchase, barter, sale, transportation, storage or supply of any article, such patent shall be liable to be revoked. And, if a Board, reports that a patent has been so made use of, the Minister of Justice may exhibit an information in the Exchequer Court of Canada praying for a judgment revoking such patent, and the court shall thereupon have jurisdiction to hear and decide the matter and to give judgment revoking the patent or otherwise as the evidence before the court may require." Turkey. PATENTS.-Working. DECREE OF SEPTEMBER 28, 1908. Under the provisions of Article 38, Section 2, of the Patent Law of February 18, 1879, patented inventions must be worked in Turkey within two years from the date of the patent. Until now this rule has never been enforced against inventions which, as, for instance, those concerning electrical machines, could not be exploited except by special authority of the Government. By a decision of the Patent Office of September 28, 1908, this exception is revoked, so that the obligation to work extends to all patents without discrimination.-(La Propriete Industrielle.) United States-Japan. Patents, Trade Marks and Designs Treaty. A treaty of commerce and navigation was concluded between the United States and Japan and proclaimed by the President April 5, 1911, Article XV of which relates to industrial property and is as follows: "ARTICLE XV.-The citizens or subjects of each of the High Contracting Parties shall enjoy in the territories of the other the same protection as native citizens or subjects in regard to patents, trade-marks and designs, upon fulfillment of the formalities prescribed by law." Spain. Copyright Law. LAW REGARDING THE REGISTRY, WITHIN ONE YEAR, OF ALL WORKS NOT YET REGISTERED. JANUARY 1, 1911. Alphonso XIII, by the Grace of God and the Constitution, King of Spain, Let all know, who may see and hear the present, that the Cortes have decreed and that we have sanctioned, the following: Sole Article-A delay of one year from the day of publication of the present Law is given to authors, translators, compilers, editors of anonymous works and composers of music, or to the assigns of each of them, within which to have registered, under reservation of rights acquired, their works, whether first or subsequent editions, in the General Register of Intellectual Property, and to enjoy the benefits of the Law of January 10, 1879. These registrations must conform to the formalities prescribed in the said Law and the regulations as well as the other provisions in force in this matter. In consequence, We order all the tribunals, judges, chiefs, governors, and all other authorities, civil, military or ecclesiastical, of every category and rank, to observe and to cause to be observed, to execute and to cause to be executed, this present Law, in all its part. Given at the Palace, January 1, 1911. IN THE NAME OF THE KING.. The Secretary of Public Instruction and Fine Arts. JULIO BURELL. -(La Propriete Industrielle.) 1 Argentine Republic. COPYRIGHT--Regulations.--Decree. (For translation of Copyright law see Review, p. 3351.) BUENOS AIRES, February 4, 1911. It being expedient to regulate the application of certain provisions of the Law No. 7092, of Sept. 10, 1910, affecting Scientific, Literary and Artistic Property, The President of The Argentine Nation, *DECREES: ART. 1. In accordance with Art. 7 of the said Law, there is hereby created, in the National Library, a Section of Legal Deposit, operating under the orders and responsibility of the Director of this Institution. ART. 2.-The Chief of this Section shall register in a book paged and rubricated by the Director of the Library, all works deposited, indicating their title, the names of the author and of the depositor, the place of printing and the date of deposit. In addition, he shall have another stub book of the deposits, from which shall be detached the receipt of each deposited work, signed by the chief of the Section and certified by the seal of the office, leaving in the stub part a detailed description of the deposit. This receipt is given, without charge, to the interested party. The Director of the Library shall publish periodically a list of the works deposited. Art. 3.—Of unprinted dramatic or musical works, it is sufficient to deposit a copy of the manuscript, bearing the attested signature of the author. ART. 4.-The time for effecting the deposit, stipulated by Art. 7, of the Law, begins from the date of the present Decree, as far as previously published works are concerned. ART. 5.-To writers, printers and translators of works, belonging to others, a term of 30 days is granted, beginning with this date, during which to prove before the Secretary, if so desired, the existence of such works in their possession at the date of the promulgation of the law. Such proof may be made by the bills or receipts of the printing establishments, their books of commerce, custom house manifests and other lawful documents. ART. 6.—A copy of this law is to be forwarded to the officials of the National Library for their guidance, and is to be communicated, published and entered in the National Register and filed. -(Patentes y Marcas.) |