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ARTICLE 55.

(1) Any person who has requested the Patent Office to enter in a register a document other than an application for a patent, may, if the entry be refused, appeal in writing to the Court referred to in the preceding Article. The same can be done by any person who deems himself aggrieved by the entry in a register of a document other than an application for a patent.

(2) The Court may, after having heard the petitioner, the President of the Patent Office, or his legal representative, and, if the Court deem necessary, other parties concerned, order the entry to be made; or, in the second case, the Court may declare the entry wholly or partly ineffective, and the decision shall be entered in the register.

(3) The Clerk of the Court shall give notice of the action by registered letter to such persons as the Judge may order. These persons may be represented by a special representative, but the Judge may order their attendance in person. The view of each of the persons appearing shall be stated in the official report. Should none of the persons summoned attend, the Judge may give his decision without a hearing.

(4) The petitioner, the President of the Patent Office, and all interested parties summoned may appeal within fourteen days after the date of the decision. Such appeal may be lodged immediately.

ARTICLE 56.

(1) All disputes other than those referred to in the two preceding Articles shall be dealt with by the Judge who is competent according to the general rules of legal proceedings.

(2) Legal actions which are founded on the provisions of Art. 10, Paragraph 2, shall be considered to be actions relating to labor contracts.

(3) If the Judge find that an action that has been or might be instituted on the grounds referred to in Art. 51 or Art. 53 may influence the decision in a dispute, he may postpone the proceedings in the pending dispute for a definite or indefinite period.

ARTICLE 57.

(1) The Patent Office shall furnish the Judge with such information and give him such technical evidence as he may require for giving his judgment in all actions regarding patents submitted to his decision.

(2) The evidence given by the Patent Office in accordance with the preceding paragraph shall be considered as equivalent to the evidence of experts, as referred to in Arts. 222 to 236 inclusive of the Code of Civil Procedure.

PART VI.

Application of this Act to the Colonies and Possessions in other Parts of the

World.
ARTICLE 58.

This Act shall apply equally to the Colonies and Possessions of the Kingdom in other parts of the world, provided that the following special enactments of this part shall apply therein.

ARTICLE 59.

(1) Applications for patents by residents of a Dutch Colony or Possession in another part of the world may be lodged with the Patent Office by lodging them with the Branch Office for the Protection of Industrial Property established for that Colony or Possession.

(2) In the application of Art. 6 the date of lodging with the Branch Office shall be reckoned as the date of lodging with the Patent Office.

ARTICLE 60.

Art. 22 shall be administered by the Branch Office provided always that on an application shall be inscribed the date at which it was received by the Branch Office.

ARTICLE 61.

(1) After the entry, the Branch Office shall immediately send to the Patent Office the application, together with the accompanying specifications, drawings, and models, as well as a copy of the certificate of receipt, unless the Branch Office considers that the application does not comply with the conditions for publication set out in Art. 24, Paragraph 2.

(2) In this case the Branch Office shall notify the applicant in writing of the alleged defects in the application, requiring him to make the necessary amendment or addition within a certain time. After the expiration of this time, whether the above-mentioned requirement has been complied with or not, the documents filed by the applicant, together with a copy of the certificate of receipt, shall be sent without delay by the Branch Office to the Patent Office.

ARTICLE 62.

(1) The Patent Office shall, on receipt of the application, reduce the time of receipt at the Branch Office, stated on the application, by taking into consideration, in a manner to be fixed by the General Rules, the difference of time between the situation of the Patent Office and that of the Branch Office, and the result arrived at shall be inscribed on the application.

(2) The application shall thereupon be entered under a serial number in a register, after which entry the application shall be dealt with like any other application.

ARTICLE 63.

(1) Residents in a Dutch Colony or Possession in another part of the world may lodge with the Patent Office statements of objections, as referred to in Arts. 24 and 25; statements of appeal, as referred to in Art. 27; and petitions, as referred to in Arts. 32, Paragraph 3, and 34, Paragraph 4, by filing them at the Branch Office for the Protection of Industrial Property established for such Colony or Possession.

(2) The Branch Office shall immediately notify the Patent Office by telegraph of the receipt of a statement of objections or of an appeal, and shall transmit the document received to the Patent Office.

ARTICLE 64.

The procedure and organization of the Branch Offices referred to in this Part, in so far as the execution of this Act is concerned, shall be determined by General Rules.

ARTICLE 65.

In the Colonies and Possessions of the Kingdom in other parts of the world the matters dealt with in Arts. 45 and 46 shall be provided for by General Regulations.

PART VII.

Introductory and Final Dispositions.

ARTICLE 66.

To the Act of the 28th of August, 1851 ("Staatsblad" No. 125), last amended by the Act of the 22nd of June, 1901 (" Staatsblad" No. 158), shall be added a

Fifth Part: "Concerning Expropriations of Patents for Inventions." This part shall contain the following provisions:

Article 97.-Expropriation of patents may be effected in the name of the Government:

(1) when the interest of the Army or Navy demands that the State should acquire the exclusive right to an invention;

(2) when the public interest demands that every person should be free to use the invention.

Article 98.-Expropriation shall be effected by means of an Act, which shall specify the patent to be expropriated, and shall state whether it falls under case (1) or under case (2) of the preceding Article. As soon as the Bill is introduced into Parliament, it shall be sent to the Patent Office and published in the Journal to be issued in accordance with Art. 24 of the Patent Act.

Article 99.—The Patent Office shall without delay summons all persons who according to the register are interested in the patent to submit by a suitable date, either verbally or in writing, a statement of the loss which they estimate they will suffer owing to the expropriation, and the Patent Office shall fully report to Us the statements of the interested parties, its own opinion and everything that may assist in fixing the amount of compensation.

Article 100.-Articles 3, 4, 17-20, 22, 24, 26-37, 43, first, third, and fourth paragraphs; 45, first and third paragraphs, and 50-54 shall apply hereto except;

(a) that any endeavor amicably to obtain possession of the patent, free of all charges and duties, be made only after the report referred to in the preceding Article has been received;

(b) that the action be dealt with in the first instance by the District Court at the Hague;

(c) That the patent takes the place of the property to be expropriated; the Registers of the Patent Office, those of Real Estate, the licensees of the lessees the mortgage-holders of the mortgagees of Real Estate.

Article 101. The report referred to in Art. 99 shall be submitted to the Court by the Government at least three days before its issue.

Article 102.-In estimating the compensation no account shall be taken of licenses acquired after the Expropriation Bill has been introduced.

That part of the compensation which is awarded to the licensees shall be placed at their disposal by the Government.

Article 103.—The decision as to expropriation shall be void unless the compensation has been paid or deposited within six months after the decision has become legally effective.

On production of duplicates of the receipts or of the deposit notes made out in due time the decision shall be entered in the Public Registers of the Patent Office and shall be published in the Journal referred to in Art. 98.

On the said entry the patent shall pass to the Government free of all charges and duties. In so far as the patent has not been expropriated by the State for the Army or Navy, it shall be void.

Article 104.-In case of war, in the sense of Art. 73 of this Act, We may order that, in the interests of the Army and Navy, a patent be expropriated forthwith. The patent shall then immediately pass to the State, free of all charges and duties.

As soon as may be after the expropriation, the Government shall make the offer or the deposit provided for by the first paragraph of Art. 74 of this Act. Art. 74, second paragraph, and Art. 75 shall likewise apply.

ARTICLE 67.

Art. 97 of the Act of the 28th of August, 1851 ("Staatsblad" No. 125), last amended by the Act of the 22nd of June, 1901 ("Staatsblad" No. 158), shall become Art. 105; Art. 98 of the said Act becoming Art. 106.

ARTICLE 68.

Our Minister of Agriculture, Industry, and Commerce is charged with the execution of this Act.

ARTICLE 69.

This Act may be cited as "Octrooiwet," but with the addition of the year and number of the "Staatsblad" in which it is published.

ARTICLE 70.

On this Act coming into force the Acts of the 25th of January, 1817 ("Staatsblad" No. 6), and on the 15th day of July, 1869 ("Staatsblad" No. 126), shall become void.

ARTICLE 71.

This Act shall come into force on a date to be hereafter fixed by Us.

We order and command that this Act be published in the "Staatsblad," and that all Ministerial Offices, Authorities, Colleges, and Officials whom it may concern shall enforce its strict execution.

Signed and delivered at The Loo on the 7th of November, 1910.

The Minister of Agriculture, Industry, and Commerce,

The Minister of Justice,

The Minister of Colonies,

A. S. TALMA,

WILHELMINA.

E. R. H. REGOUT.

J. H. DE WAAL MALFFIJT.

Issued the 26th November, 1910. The Minister of Justice,

E. R. H. REGOUT.

United States.

Food and Drugs Act.

WHAT CONSTITUTES MISBRANDING OF DRUGS.
UNITED STATES CIRCUIT COURT,

APRIL, 1911.

EASTERN DISTRICT OF NEW YORK.

UNITED STATES OF AMERICA V. AMERICAN DRUGGISTS' SYNDICATE. If the label on a drug is not false or misleading in any of the particulars enjoined or prohibited by section 8 of the Federal Food and Drugs Act, no offense is committed under that section. If an article contain some quantity of a certain ingredient, no matter how small, the use of the name of such ingredient on the label is not a misbranding. The terms of the act cannot be extended to such a field of inquiry as would be involved in the accuracy of the remedial effects claimed for a drug.

An alleged false statement not appearing upon the package or label, but upon a separate paper or circular put up with a preparation but not attached to it, is not a misbranding under the statute.

William J. Youngs, United States Attorney (W. P. Allen, Assistant United States Attorney, of counsel), for the United States; Philbin, Beekman, Menken & Griscom (S. Stanwood Menken and Benj. E. Messler, of counsel), for defendants.

VEEDER, J.-The defendant has demurred to both counts of a criminal information charging it with misbranding a drug in violation of the Act of June 30, 1906 (C. 3915, par. 2, 34 Stat. 768), known as the Food and Drugs Act. Section two of the act prohibits "the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia of any article of food or drugs which is adulterated or misbranded within the meaning of this act," and provides that any person who shall ship or deliver for shipment, as therein described, any such article so adulterated or misbranded, shall be guilty of a misdemeanor. The offense of misbranding is defined in section 8 as follows:

"That the term 'misbranded,' as used herein, shall apply to all drugs or articles of food, or articles which enter into the composition of food, the packages or labels of which shall bear any statement, design or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory or country in which it is manufactured or produced. That for the purposes of this act an article shall also be deemed to be misbranded:

In the case of drugs:

First. If it be an imitation of or offered for sale under the name of another article.

Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein.".

The remainder of the section deals in similar detail with the case of foods. The first count of the information alleges that the defendant shipped from the State of New York to the District of Columbia a certain article and drug, which was a mixture of substances for external use, upon which there was a label reading: "A. D. S. Peroxide Cream. Cleansing, Soothing and Healing to the Skin, Antiseptic, Cooling and Refreshing." Elsewhere upon the carton and upon the package or jar inclosed therein were immaterial variations of this statement of the properties and purposes of the preparation. It is charged that this was a misbranding within the meaning of the act "in that the label then and there bore statements, designs and devices regarding the said article and the ingredients and the substances contained therein which were false and misleading in that the words 'peroxide cream' represent that peroxide is an important ingredient, and tend to lead the purchaser to believe that peroxide is an important ingredient of the article, whereas, in truth and in fact, the article then and there contained only an indication of a very small quantity of some peroxide, which said quantity is insignificant."

The scope of the general terms of the definition of misbranding in section 8, "any statement, design or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular” must be ascertained by construing them in connection with the subject matter and other provisions of the act. It includes, in the first place, not only statements concerning the ingredients or substances contained in the article, but certain other

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