534 THE NEW ZEALAND GAZETTE. [No. 27

ADDITIONAL ARTICLE.

The convention concluded this day in nowise affects the
maintenance of existing conventions between the contract-
ing States, provided always that such conventions confer on
authors, or their lawful representatives, rights more extended
than those secured by the Union, or contain other stipula-
tions which are not contrary to the said convention.

FINAL PROTOCOL.

1. As regards Article IV. it is agreed that those countries
   of the Union where the character of artistic works is not
   refused to photographs engage to admit them to the benefits
   of the convention concluded to-day, from the date of its
   coming into effect. They are, however, not bound to protect
   the authors of such works further than is permitted by their
   own legislation, except in the case of international engage-
   ments already existing, or which may hereafter be entered
   into by them.

It is understood that an authorised photograph of a pro-
tected work of art shall enjoy legal protection in all the
countries of the Union, as contemplated by the said conven-
ction, for the same period as the principal right of reproduc-
tion of the work itself subsists, and within the limits of
private arrangements between those who have legal rights.

2. As regards Article IX. it is agreed that those countries
   of the Union whose legislation implicitly includes choreo-
   graphic works amongst dramatico-musical works expressly
   admit the former works to the benefits of the convention
   concluded this day.

It is, however, understood that questions which may arise
on the application of this clause shall rest within the com-
petence of the respective tribunals to decide.

3. It is understood that the manufacture and sale of
   instruments for the mechanical reproduction of musical airs
   which are copyright shall not be considered as constituting
   an infringement of musical copyright.

4. The common agreement alluded to in Article XIV. of
   the convention is established as follows:—

The application of the convention to works which have not
fallen into the public domain at the time when it comes into
force shall operate according to the stipulations on this
head which may be contained in special conventions either
existing or to be concluded.

In the absence of such stipulations between any countries
of the Union, the respective countries shall regulate, each
for itself, by its domestic legislation, the manner in which
the principle contained in Article XIV. is to be applied.

5. The organization of the International Office established
   in virtue of Article XVI. of the convention shall be fixed by
   a regulation which shall be drawn up by the Government of
   the Swiss Confederation.

The official language of the International Office will be
French.

The International Office will collect all kinds of informa-
tion relative to the protection of the rights of authors over
their literary and artistic works. It will arrange and publish
such information. It will study questions of general utility
likely to be of interest to the Union, and, by the aid of docu-
ments placed at its disposal by the different Administrations,
will edit a periodical publication in the French language
treating questions which concern the Union. The Govern-
ments of the countries of the Union reserve to themselves
the faculty of authorising, by common accord, the publica-
tion by the office of an addition in one or more other lan-
guages if experience should show this to be requisite.

The International Office will always hold itself at the
disposal of members of the Union, with the view to furnish
them with any special information they may require relative
to the protection of literary and artistic works.

The Administration of the country where a Conference is
about to be held will prepare the programme of the Con-
ference with the assistance of the International Office.

The Director of the International Office will attend the
sittings of the Conferences, and will take part in the discus-
sions without a deliberative voice. He will make an annual
report on his Administration, which shall be communicated
to all the members of the Union.

The expenses of the office of the International Union shall
be shared by the contracting States. Unless a fresh arrange-
ment be made, they cannot exceed a sum of sixty thousand
francs a year. This sum may be increased by the decision
of one of the Conferences provided for in Article XVII.

The share of the total expense to be paid by each country
shall be determined by the division of the contracting and
acceding States into six classes, each of which shall contri-
but in the proportion of a certain number of units:—

First class .. .. .. .. 25 units.
Second class .. .. .. 20 ,,
Third class .. .. .. 15 ,,
Fourth class .. .. .. 10 ,,
Fifth class .. .. .. 5 ,,
Sixth class .. .. .. 3 ,,

These co-efficients will be multiplied by the number of
States of each class, and the total product thus obtained will
give the number of units by which the total expense is to be
divided. The quotient will give the amount of the unity of
expense. Each State will declare, at the time of its acces-
sion, in which of the said classes it desires to be placed.

The Swiss Administration will prepare the budget of the
office, superintend its expenditure, make the necessary ad-
vances, and draw up the annual account, which shall be
communicated to all the other Administrations.

6. The next Conference shall be held at Paris between
   four and six years from the date of the coming into force of
   the convention.

The French Government will fix the date within these
limits after having consulted the International Office.

7. It is agreed that, as regards the exchange of ratifica-
   tions contemplated in Article XXI., each contracting party
   shall give a single instrument, which shall be deposited with
   those of the other States, in the Government Archives of the
   Swiss Confederation. Each party shall receive in exchange
   a copy of the procès-verbal of the exchange of ratifications,
   signed by the Plenipotentiaries present.

The present final protocol, which shall be ratified with
the convention concluded this day, shall be considered as
forming an integral part of the said convention, and shall
have the same force, effect, and duration.

SECOND SCHEDULE.

ORDERS IN COUNCIL REVOKED.

Orders in Council of the dates named below for securing
the privileges of copyright in Her Majesty's dominions to
authors of works of literature and the fine arts and dramatic
pieces, and musical compositions, first produced in the fol-
lowing countries, namely :—

The Order in Council of the 5th August, 1875, revoking
the application of section six of 15 and 16 Vict., c. 12, to
dramatic pieces referred to in the Order in Council of the
10th January, 1852, with respect to works first published
in France.

Application for Registration of a Trade Mark.

Colonial Secretary's Office,
Wellington, 2nd May, 1888.

NOTICE is hereby given that Messrs. BELL, GULLY,
AND IZARD, of Wellington, in the Colony of New
Zealand, Solicitors, have applied, on behalf of LEON M.
DAVIS, of 73, Gertrude Street, Fitzroy, near Melbourne, in
the Colony of Victoria, Patent Medicine Vendor, to register,
under "The Trade Marks Act, 1866," the trade mark of
which the following is a description :—

Description of Trade Mark.

An oblong-shaped label with a black bank border, with
lightly-shaded squares at the corners. In the centre of the
label is the representation of the head and outstretched
wings of a phoenix, with flames of fire around it in dark ink
on a white scroll, on the right side of which is the word
"Essence," printed in white letters on a violet-coloured
scroll, and on the left side of which are the words "of life,"
printed in white letters on a violet-coloured scroll; above
the phoenix are the words "Dr. Ricords" printed in black
ink; below the phoenix are the words "Messrs. Perry & Co.,
Agents for Victoria, Melbourne;" the rest of the label
being filled in with red shading. Applicant reserves the
right of increasing or decreasing the size of the label and of
printing it in any colour or colours.