§ 1. To use a trade-mark which offends public decorum;

§ 2. To use a trade-mark which contains indication of a place or of an establishment other than that of the provenance of the merchandise or the product, whether or not that indication be accompanied by a fictitious name;

§ 3. To sell or expose for sale merchandise or a product in the conditions indicated in the present article;

PENALTY.-A fine of 100 to 500 milreis in favor of the state.

DECREE OF NOVEMBER 3, 1897.-The decree of November 3, 1897,1 together with the regulation of December 17, 1897, forbids the importation and manufacture of labels for liquors, pharmaceutical preparations, or other national products calculated to deceive as to the provenance of the goods; also the sale of domestic products labeled in a foreign language.

ART. 1. It is prohibited:

(a) To import and to manufacture labels which are applied in the manufacture of liquors and all other national products, for the purpose of selling them as if they were foreign.

(b) To put on sale pharmaceutical preparations without the declaration of the name of the manufacturer, of the product, and of the place of origin.

(c) To put on sale domestic merchandise or manufactured products under a label in a foreign tongue.

§ 1. Offenders of the provision in letter (a) shall be liable in addition to the penalties of the Penal Code, to a fine of 1,000 to 5,000 milreis; and those who contravene the prohibitions in letters (b) and (c) shall be punished by the seizure of the labeled products, and also by a fine of 20 to 500 milreis.

§ 2. In the prohibition against putting on sale domestic products furnished with labels in a foreign tongue, letter (c), there are not included labels which, without involving a fraudulent imitation of foreign trade-marks, contain the names of the manufacturers, of the factory, and of the locality where this is situated, or the declaration, "National industry," in very plain letters, this simple indication not being admissible when the labels are intended for food products.

§ 3. In the prohibition against importing labels, capsules, or envelopes, included under letter (a) of article 1, there are not included those imported by factories or commercial houses, which are branches or the headquarters of other establishments in Europe.

§ 4. Importers of said merchandise shall be obliged to prove by commercial contracts, duly registered with the commercial boards, that they are in the meaning of the preceding paragraph.

TRADE-MARK LAW OF SEPTEMBER 24, 1904.-The trade-mark law of September 24, 1904, which is a modification of the trade-mark law of October 14, 1887, contains several provisions applicable to unfair competition.

Article 13, which is similar to article 353 of the Penal Code given

1 Decreto N. 452 de 3 de Novembro de 1897; Collecção das leis da Republica dos Estados Unidos do Brazil de 1897.

Decreto N. 1236, de 24 de setembro de 1904, modifica o decreto N. 3346 de 14 de outubro de 1887, sobre marcas de fabrica e de commercio. See Bento de Faria, Das Marcas de Fabrica e de Commercio e do Nome Commercial. Rio de Janeiro, 1906, p. 413.

above, prohibits the unlawful use or imitation of another's trademark or the sale of goods bearing false trade-marks:

ART. 13. He shall be punished with imprisonment for six months to one year and with a fine of from 500 to 5,000 milreis in favor of the State, who—

1. Uses the authentic trade-mark of another on a product of false prove

nance.

2. Uses the trade-mark of another, counterfeited in whole or in part.

3. Sells or exposes for sale objects bearing the trade-mark of another when those objects are not furnished by the proprietor of the trade-mark.

4. Sells or exposes for sale objects bearing the trade-mark of another, counterfeited in whole or in part.

5. Reproduces by any means whatever, in whole or in part, a mark of manufacture or of trade duly registered and published without the authorization of the proprietor or of his legitimate representative.

6. Imitates a mark of manufacture or of trade in a way to confuse the consumer.

7. Uses a trade-mark thus imitated.

8. Sells or exposes for sale objects bearing an imitated trade-mark.

9. Uses a name or firm name not belonging to him whether it forms or does not form part of a registered trade-mark.

1. In order that imitation intended by Nos. 6 to 9 of the present article take place it is not necessary that the resemblance to the trade-mark be complete; it is sufficient, whatever may be the actual differences, that there may be possibility of error or confusion in the sense of article 8, No. 6, last part.

§ 2. Usurpation of name or of firm name referred to in Nos. 5 and 6 is regarded as existing whether the reproduction be complete or with additions, omissions, or changes if there is present the possibility of error or confusion of the consumer.

Article 14 relates to the unlawful use or sale of marks of distinction, provenance, or such as are repugnant to good morals.

ART. 14. He shall be punished with a fine of 100 to 500 milreis in favor of the State who

1. Without competent authorization uses as a mark of manufacture or trade, arms, coats of arms, or public or official designations, national or foreign. 2. Uses a mark which offends public decorum.

3. Uses a mark of manufacture or trade which contains the indication of locality or establishment which is not that of the provenance of the merchandise or the product whether or not such indication be accompanied by a name that is fictitious or another's.

4. Sells or exposes for sale merchandise or products bearing marks that come under the conditions of Nos. 1 and 2 of this article.

5. Sells or exposes for sale merchandise or products that come under the conditions indicated under No. 3.

DECREE OF JANUARY 10, 1905.-The decree of January 10, 1905,1 which contains regulations for the execution of law No. 1236, of September 24, 1904, provides against various unfair practices:

1 Approva o regolamento para execução da lei N. 1236 de 24, de Setembro de 1904, sobre marcas de fabrica e de commercio.

Articles 11 to 14 relate to designations of provenance.

ART. 11. By indication of provenance of products is understood the designation of the geographic name which corresponds to the place of manufacture, of elaboration, or of extraction of the same products. The name of the place of production belongs cumulatively to all the producers established therein.

ART. 12. No one has the right to make use of the name of a place of manufacture to designate a natural or artificial product manufactured at or coming from another place.

1

ART. 13. It will not be a false indication of provenance when it is a question of the designation of a product by means of a geographical name which, haying taken on a generic character, designates, in trade language, the nature or the kind of product. This exception is not applicable to products of the vine. ART. 14. Products bearing a false indication of provenance can be seized by order of the Public Prosecutor or at the request of the interested party.

Article 40 provides the penalties for the unlawful use or imitation of another's trade-mark or the sale of goods bearing false trademarks.

ART. 40. He shall be punished with imprisonment for six months or one year and with a fine in favor of the State of 500 to 5,000 milreis, who:

1. Uses the authentic trade-mark of another upon a product of false pro

venance.

2. Uses the trade-mark of another counterfeited in whole or in part.

3. Sells or put on sale objects bearing the trade-mark of another when those objects are not supplied by the proprietor of the trade-mark.

4. Sells or puts on sale objects bearing the trade-mark of another counterfeited in whole or in part.

5. Reproduces without authorization of the proprietor or of his legitimate representative, by whatever means, in whole or in part, a trade-mark of manufacture or trade duly registered and published.

6. Imitates a mark of manufacture or of trade in a way that may deceive the

consumer.

7. Uses a mark thus imitated.

8. Sells or puts on sale objects bearing an imitated trade-mark.

9. Uses a name or firm name which does not belong to him, whether or not it forms a part of a registered trade-mark.

§1. In order that there be imitation in the sense of Nos. 6 to 9 of this article it is not necessary that there be complete resemblance in the trade-mark, it suffices that, despite the differences, there be the possibility of error or of confusion according to the terms of article 8, No. 6, last part.

§2. Usurpation of name or of firm name is considered to exist, according to the terms of Nos. 5 and 6, whether the reproduction is complete, or with additions, omissions, or alterations if there be the same possibility of error or of confusion of the consumer. (Arts. 13 and 37 of the law.)

Article 41 provides against unauthorized use of another's mark of distinction or the use of indecorous trade-marks, or those which contain false indications of provenance:

ART. 41. He shall be punished with a fine of from 100 to 500 milreis in favor of the State, who

1. Without competent authorization uses as a trade-mark of industry or of commerce arms, coats of arms, or public or official designations, national or foreign.

2. Uses a trade-mark which offends public decorum.

3. Uses a mark of manufacture or of trade which contains the indication of locality or of establishment which is not that of the provenance of the merchandise or the product, whether or not such indication be accompanied by a fictitious or a borrowed name.

4. Sells or puts on sale merchandise or products bearing a trade-mark under the conditions indicated in Nos. 1 and 2 of this article.

5. Sells or puts on sale merchandise or products under the conditions indicated in No. 3. (Arts. 14 and 37 of the law.)

CUSTOMS LAW OF NOVEMBER 14, 1899.-Article 45 of the customs law No. 641 of November 14, 1899,1 relates to the importation of merchandise furnished with labels in the Portuguese language.

ART. 45. National factories are not permitted, under the terms of the law No. 452 of November 3, 1897, the use of labels written in whole or in part in a foreign language. The importation of merchandise manufactured abroad which bear labels written in whole or in part in Portuguese is not permitted except when imported from Portugal or when intended for use by factories.

Section 22. Argentina.

The law relating to industrial, commercial, and agricultural trademarks 2 contains several provisions applicable to unfair methods of competition.

Article 43 provides against infringing another's trade name.

ART. 43. Whoever desires to carry on an industry, trade, or branch of agriculture already carried on by another person, under the same name or conventional designation, shall adopt a modification which shall make this name or designation clearly distinguishable from that employed by the older house or establishment.

Article 48 relates to counterfeited trade-marks.

ART. 48. There shall be punished by a fine of from 20 to 500 pesos in national money and imprisonment of from one month to one year, the corporal penalty not being redeemable in money:

(1) Those who counterfeit an industrial, trade, or agricultural trade-mark. (2) Those who use counterfeited trade-marks.

(3) Those who fraudulently imitate a trade-mark.

(4) Those who knowingly place on their products or articles of commerce the trade-mark of another or a trade-mark fraudulently imitated.

(5) Those who knowingly sell, place on sale, or facilitate the sale of counterfeited trade-marks, or who sell authentic trade-marks without the knowledge of their owners.

(6) Those who knowingly sell, offer for sale, or facilitate the sale or circulation of articles with counterfeited or fraudulently imitated trade-marks.

(7) All those who with fraudulent intention place or cause to be placed on an article of merchandise or product a declaration or any other description which is false with respect to its nature, quality, quantity, number, weight, or

1 Lei N. 641 de 14 de Novembro de 1899, estabelece o processo de arrecadação dos impostos de consumo; Collecção das Leis da Republica dos Estados Unidos do Brazil de 1899, Vol. 1, p. 59 fol.; Rio de Janeiro, 1902.

2 Ley núm. 3975 de las marcas de fábrica, comercio y agricultura, á 14 de noviembre de 1900; Leyes Nacionales sancionadas en el Periodo Legislativo de 1900, p. 79.

measure, or to the place or the country of manufacture or shipment, or with respect to medals, diplomas, mentions, recompenses, or honorific distinctions gained in exhibitions or competitions.

(8) Those who knowingly sell, place on sale, or facilitate the sale of merchandise or products bearing any of the false declarations mentioned in the foregoing paragraph.

In case of repetition these punishments shall be doubled.

Article 53 relates to confiscation of goods falsely marked, and article 58 provides that persons circulating goods falsely marked must furnish information with respect to their source of supply.

Section 23. Chile.

The laws of Chile relating to unfair competition are contained in the Penal Code and in the trade-mark laws of 1874 and 1898. PENAL CODE.-Articles 185 and 190 of the Penal Code1 prohibit certain unfair practices. Article 185 relates to counterfeit trade

marks, seals, stamps, etc.

ART. 185. Whoever counterfeits tickets for the transportation of persons or goods or for public gatherings or exhibitions, with the intention of making use of them or fraudulently putting them in circulation, as also the one who uses them or puts them in circulation, although he knows that they are counterfeit ; further, whoever counterfeits seals, stamps, or trade-marks of any authority, of a private banking establishment, trade or industrial undertaking, or of an individual, or whoever knowingly makes use of such false seals, stamps, or trademarks, shall be punished with minor imprisonment in one degree or another and with a fine of 100 to 1,000 pesos.

Article 190 relates to the fraudulent use of a manufacturer's name or trade name.

ART. 190. Whoever puts upon manufactured products the name of a manufacturer who is not the maker of such articles, or the firm name of a factory which is not that of the actual manufacture, shall be punished with minor imprisonment from the lowest to the middle degree and with a fine of 100 to 500 pesos.

The same punishments shall be applicable to every merchant, commission agent, or seller who knowingly has placed on sale or put in circulation goods which are marked with fictitious or altered names.

TRADE-MARK LAW OF NOVEMBER 12, 1874.-The trade-mark law of November 12, 1874,2 contains certain provisions applicable to unfair competition:

Article 11 of this law relates to counterfeiting of trade-marks.

ART. 11. Whoever shall counterfeit, alter, or use in a fraudulent way marks or labels such as those with which the present law is concerned shall be punished with the penalties established by the Penal Code. (Arts. 185, 190, and 191.)

1 Código Penal, Santiago, Noviembre 12 de 1874.

2 Ley de Marcas de fábricas y de comercio (Noviembre 12 de 1874). Recueil général de la législation et des traités concernant la propriété industrielle, Berne, 1899, tome III., p. 228.