ART. 12. Whoever knowingly circulates or publishes false reports concerning the undertaking or business of another, or the owner or manager of the business or undertaking personally, or concerning the goods or industrial services, which are done to injure the undertaking, is punished by imprisonment up to six months and by fine up to 3,000 drachmas, or with both of these penalties.

Owners and managers of undertakings are subject to the same punishment if with their knowledge the rumors or assertions in question were circulated by one of their employees or representatives,

Injunctive relief is provided by section 10 in the case of violation of this section. Damages may also be recovered if the act was willfully or negligently done.

Articles 13 and 14 relate to the misappropriation of names, commercial designations, and distinguishing marks and signs.

ART. 13. Whoever in his business uses a name, trade term, or any other special distinguishing mark in such a way as to cause confusion with the name, trade term, or special distinguishing mark lawfully used by another may be enjoined by the latter from using the same. He is also bound to compensate the injured party for the injury caused if he knew or should have known that the misuse might cause confusion. In general those marks of a business or undertaking are also to be considered as special distinguishing marks which are so considered by the trade.

The form or special make-up of the goods and the packing and covering are considered as special distinguishing marks in so far as they are recognized in the respective trades to distinguish these goods from similar goods.

The provisions of the last paragraph of article 10 have analogous application. ART. 14. Whoever, in business intercourse, knowingly and willfully appropriates the name, trade term, or special distinguishing mark of any publication, or trade undertaking, for the purpose of causing confusion with the name, trade designation, or special distinguishing mark lawfully used by another person, is punished by imprisonment up to six months and a penalty up to 3,000 drachmas, or with one of these penalties.

The provisions of the preceding paragraph and of the above articles have no application with respect to the protection of marks of trade and industry for which the respective existing legal provisions remain in force and have application.

The application of the provisions of the first paragraph and of the above article is not excluded in the cases where the use of a foreign name, a foreign trade term, or a foreign special distinguishing mark and token occurs with slight variations, in so far as thereby the danger of confusion does not seem to be excluded.

Article 15 authorizes the court in case of conviction under articles 13 and 14 to remove the distinguishing mark, or, if this is impossible, to order the destruction of the product bearing it, provided the misappropriation was intentional.

Articles 16 to 18 relate to the unauthorized disclosure of trade. secrets.

ART. 16. Whoever as employee, workman, or apprentice in a trade or industrial establishment or undertaking, without authority, divulges to third parties for purposes of competition, or with the intention to injure the owner of the

establishment or undertaking, the business or factory secrets which were intrusted to him during his employment, or which he learned in any other way during the period of his employment, is subject to imprisonment up to six months and fine up to 3,000 drachmas, or either of the two penalties.

Whoever, without authority, for purposes of competition, uses these secrets or transmits them to third parties, whether he got them in the manner mentioned in the preceding paragraph or as a result of personal observation by unlawful means or means repugnant to good morals, is subject to the same penalty.

ART. 17. Whoever, without authority, makes use of or transmits to third parties business secrets such as plans and designs of a technical nature, sketches, originals, and specifications intrusted to him on account of his business connections, is subject to the penalty contained in the above-mentioned article.

ART. 18. Whoever violates the provisions of sections 16 and 17 shall also be required to compensate for the injury caused.

The penalty provided in article 16, but reduced one-half, is imposed upon anyone who for purposes of competition induces another to do an act prohibited by article 16, paragraph 1, and article 17.

The remaining articles of this law deal with procedure.

Section 18. Roumania.

TRADE-MARK LAW.-The Roumanian trade-mark law of April 15–27, 1879,1 contains the following provisions relating to the fraudulent use of trade-marks:

ART. 6. Persons have not the right to appropriate the trade-mark adopted by another merchant or manufacturer to mark their products or when the name is adopted for the title of a firm.

ART. 12. A fine of from 50 to 2,500 francs and imprisonment for from three months to three years or either of these penalties may be imposed as follows: (1) On those who counterfeit a trade-mark or who use a counterfeit trademark;

(2) On those who fraudulently apply to their articles of manufacture or commerce a trade-mark belonging to others;

(3) On those who have knowingly sold or have taken for sale one or more products bearing a fraudulent mark.

ART. 13. A fine of from 50 to 1,500 francs and imprisonment from one month to one year or either of these two penalties may be imposed as follows:

(1) On those who, while not having counterfeited a trade-mark, have imitated in a fraudulent manner the make of the article so as to deceive the purchaser or who have employed a fraudulent imitation of the trade-mark; (2) On those who employ a trade-mark calculated to deceive the purchaser as to the nature of the product;

(3) Those who have knowingly sold or taken for sale one or more products bearing the fraudulent imitation of a trade-mark, being calculated to deceive the purchaser as to the nature of the product.

ART. 25. No article having a simulation of the trade-mark of a Roumanian product can be imported into Roumania and all such articles are prohibited from transportation and may be seized wherever found, either by the customs officials or by the Public Minister at the suit of the parties injured.

1 See Patent and Trade-Mark Review, Vol. XI, p. 346 fol.

Section 19. Bulgaria.

PENAL CODE.-Article 243 of the Bulgarian Penal Code 1 provides against undermining another's mercantile or business credit.

ART. 243. Whoever knowingly makes an untruthful assertion which undermines the mercantile or business credit or the reputation of a person, company or establishment, or the confidence in the ability of a person respecting his profession or trade, is punished by imprisonment from one month to one year and by a fine up to 1,000 lew.

If this is done publicly by distribution of printed matter, a picture or a writing with the knowledge of the perpetrator, imprisonment from one month to two years and a fine up to 2,000 lew applies.

TRADE-MARK LAW.-Articles 43, 44, and 45 of the Bulgarian trademark law of January 14-27, 1904,2 prohibit the infringement of trade-marks.

ART. 43. He is guilty of infringing the present law and shall therefore be liable to the fines provided by this law-except where it is proved that he has acted without bad faith-any person who

(a) Imitates a mark of another;

(b) Uses a mark registered by another;

(c) Employs an imitation of a mark previously registered;

(d) Prepares stamps, clichés, machines, and other special instruments intended for the imitation or counterfeiting of another mark; (e) Places on his goods false commercial inscriptions; (f) Employs the annotation " marque enregistrée ' or as its supplement;

or "M. E." as a mark

(g) Has at disposal stamps, clichés, machines, and other instruments intended for counterfeiting or imitating another mark;

(h) Employs as a mark or puts on the papers of his establishment, without having the right, the arms of the Principality, those of the Princely House, in any imitation whatever of those arms or the decorations of the State, the portraits of the Sovereign or members of his family;

(i) Employs without any authority the emblem of the "Red Cross," its imitation, or the denomination "Red Cross," or the portraits of statesmen or public men;

(k) Allows to figure upon his goods, upon the wrappers or upon the vessels, medals, diplomas, copies of testimonials, or their imitation, which he does not possess, or else represents them in colors which do not correspond with their appearance;

(1) Employs in general any kind of inscription or designation which may give rise to the belief that the goods are of local origin.

ART. 44. He is considered equally guilty of infraction of the present law who shall sell, exhibit, or possess, with intent to sell for some commercial or industrial purpose, goods or objects bearing one of the signs or inscriptions enumerated in paragraphs b, c, e, f, h, i, k, l of the preceding article, unless he can prove

(a) That, notwithstanding all the steps which he has taken in order to avoid any infringement of the law, it has been impossible for him to doubt at the time when the infringement occurred the authenticity of the mark which has been used or of the commercial inscription which he has appropriated for himself;

(b) That, upon the request made by the party damaged or in his name, he (the infractor) has furnished all the information that it has been possible for him to furnish concerning the person who furnished him the goods or the objects in question;

1 Das Bulgarische Strafgesetz vom 2. Feb. 1896. Berlin, 1898.

2 Patent and Trade-Mark Review, Vol. III, p. 1017.

(c) That he has acted without bad faith.

ART. 45. Any person who shall be deemed guilty of the offenses enumerated in articles 43 and 44 shall be punished by a fine of from 500 to 4,000 francs or by imprisonment for a term of from three months to one year, to which a fine of 3,000 francs may also be added. Besides the penalties provided in the preceding clause,' the party to whom the damage has been caused shall also have the right to demand from the offender indemnity for the sustained damages and losses. Upon the request of the party who has suffered the damage the court may decide that the sentence be published in the “Official Journal" for his account and, at least, in one of those papers having the largest circulation in the country.

Section 20. Turkey.

Turkey has no special law against unfair competition. However, the courts allow a claim for damages against a person who in an improper manner draws to himself the clientele of a competitor.2

PENAL CODE.-Articles 240 and 241 of the Penal Code provide against deceiving purchasers as to the quality or quantity of goods and against the unauthorized reproduction of books or other articles.3

ART. 240. Whoever cheats a purchaser as to the fineness of gold or silver or the quality of a false jewel sold as a genuine gem or of any other kind of merchandise, or commits fraud as to the quantity of things sold by using defective weights or measures, is imprisoned for from three months to one year and, in addition to being caused to make good the loss, a fine not exceeding the onefourth of the amount of the compensation and in any case not less than 3 mejidiehs is taken and his defective weight or measure is broken and destroyed.

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ART. 241. As the person who prints or causes to be printed a book contrary to the privileges of authors or makes or causes to be made a thing the manufacturing or doing of which has been restricted to an individual or a company as a privilege will have committed a sort of forgery, the books, etc., caused by him to be printed or the things caused by him to be made are seized and given to the holder of the privilege, and a fine of from 5 mejidieh gold pieces to 100 mejidieh gold pieces is taken; and from those who import into the Ottoman Empire such as have been printed or manufactured in this manner abroad a fine of likewise from 5 mejidieh gold pieces to 100 mejidieh gold pieces is taken; and those who knowingly sell such printings or manufactures are punished by the taking of a fine of from 1 mejidieh gold piece to 25 mejidieh gold pieces.

TRADE-MARK LAW.-Articles 21 and 23 of the trade-mark law of May 11, 1888, provide against false designations of provenance.

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ART. 21. There shall be punished in accordance with the degree of the gravity of the offense, by a penalty of from 2 Turkish pounds to 50 Turkish pounds or by imprisonment of from one month to six months or even by these two penalties at the same time-those who have indicated in characters of one sort or another

1 An obvious error in the English translation of this phrase was corrected by comparison with the law in Bulgarian.

2 Lobe, op. cit., Bd. I, p. 114.

3 Bucknil and Utidjian, The Imperial Ottoman Penal Code, London, 1913; also see Nord, Das türkische Strafgesetzbuch, Berlin, 1912.

4 Mejidieh—a silver coin of 20 piasters, worth 3s. 4d., or 83 cents.

Mejidieh gold piece=100 gold piasters, or $4.38.
Marques de fabrique, règlement, 11 mai, 1888.

See G. Young, "Corps de droit Otto

man," Vol. IV, p. 37, fol. Oxford, 1906.

upon products a locality of the Ottoman Empire other than that of the real provenance of such products, as well as those who have knowingly sold or offered for sale products of this kind.

ART. 23. In those cases where products with a counterfeited mark and bearing the name of any country whatsoever are unloaded at the customhouse, they shall not be prohibited from entry, without prejudice, however, to the right of the manufacturers of the products whose marks are counterfeited to bring suit, if they have been counterfeited abroad; if Ottoman products counterfeited abroad and also bearing a counterfeited mark are imported into the Ottoman Empire they shall be prohibited from entry and returned to their proprietor.

Section 21. Brazil.

The laws of Brazil relating to unfair competition are found in the Penal Code, in the trade-mark laws of 1897, 1904, and 1905, and in the customs law of 1899.

PENAL CODE.1-Articles 353 and 354 of the Penal Code relate to the fraudulent use of a trade-mark.

ART. 353. To reproduce, without authorization of the proprietor or of his legitimate representative, by any means whatever, in whole or in part, a mark of manufacture or trade duly registered and published:

§ 1. To use the trade-mark of another, or a counterfeited trade-mark under the conditions indicated above;

§ 2. To sell or expose for sale goods bearing the trade-mark of another, or a trade-mark counterfeited in whole or in part;

§ 3. To imitate a mark of manufacture or trade in such a way as to deceive the buyer;

§ 4. To use a trade-mark thus imitated;

§ 5. To sell or offer for sale objects bearing an imitated trade-mark;

§ 6. To use a name or firm name that one does not own, whether this name or firm name forms or not part of a registered trade-mark;

PENALTIES.-A fine of 500 to 2,000 milreis in favor of the nation, and of 10 to 50 per cent of the value of the objects on which the delict bears, in favor of the proprietor of the trade-mark.

ART. 354. In order that, in the cases indicated above, imitation exist, it is not necessary that the imitation of the trade-mark be complete; it is sufficient, whatever be the existing differences, that there be possibility of error or confusion when the differences between the two marks can not be recognized without careful examination or comparison.

PARAGRAPH UNIQUE.-The usurpation of a name or of a firm name is considered as existing, whether the reproduction be complete or with additions, omissions, or changes, if there exist the same possibility of error or of confusion of the buyer.

Article 355 relates to the unlawful use or sale of marks of distinction, trade-marks repugnant to good morals, and false designations. of provenance.

ART. 355. To use in a mark of manufacture or trade without competent authorization, arms, coats of arms, public or official designations, national or foreign;

1 Codigo Penal de 11 Outubro de 1890.