International Convention for Industrial Property




Nov. 26.] THE NEW ZEALAND GAZETTE. 1351

Convention remaining in operation as regards the other contracting parties.

ARTICLE XIX.

The present Convention shall be ratified, and the ratifications exchanged in Paris, within one year at the latest.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their seals.

Done at Paris the 20th March, 1883.

(L.S.) BEYENS.
(L.S.) VILLENEUVE.
(L.S.) Duc DE FERNAN-NUNEZ.
(L.S.) P. CHALLEMEL-LACOUR.
(L.S.) CH. HÉRISSON.
(L.S.) CH. JAGERSCHMIDT.
(L.S.) CHRISANTO-MEDINA.
(L.S.) RESSMAN.
(L.S.) Baron DE ZUYLEN DE NYEVELT.
(L.S.) JOSE DA SILVA MENDES LEAL.
(L.S.) F. D’AZEVEDO.
(L.S.) J.-M. TORRES-CAÏCEDO.
(L.S.) SIMA M. MARINOVITCH.
(L.S.) LARDY.
(L.S.) J. WEIBEL.

II.—FINAL PROTOCOL.

On proceeding to the signature of the Convention concluded this day between the Governments of Belgium, Brazil, Spain, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland, for the protection of industrial property, the undersigned Plenipotentiaries have agreed as follows:—

  1. The words “industrial property” are to be understood in their broadest sense; they are not to apply simply to industrial products properly so called, but also to agricultural products (wines, corn, fruits, cattle, &c.), and to mineral products employed in commerce (mineral waters, &c.).

  2. Under the word “patents” are comprised the various kinds of industrial patents recognised by the legislation of each of the contracting States, such as importation patents, improvement patents, &c.

  3. The last paragraph of Article II. does not affect the legislation of each of the contracting States as regards the procedure to be followed before the tribunals, and the competence of those tribunals.

  4. Paragraph 1 of Article VI. is to be understood as meaning that no trade-mark shall be excluded from protection in any State of the Union from the fact alone that it does not satisfy, in regard to the signs composing it, the conditions of the legislation of that State; provided that on this point it complies with the legislation of the country of origin, and that it had been properly registered in said country of origin. With this exception, which relates only to the form of the mark, and under reserve of the provisions of the other articles of the Convention, the internal legislation of each State remains in force.

To avoid misconstruction, it is agreed that the use of public armorial bearings and decorations may be considered as being contrary to public order in the sense of the last paragraph of Article VI.

  1. The organization of the special Department for Industrial Property mentioned in Article XII. shall comprise, so far as possible, the publication in each State of a periodical official paper.

  2. The common expenses of the International Office, instituted by virtue of Article XIII., are in no case to exceed for a single year a total sum representing an average of 2,000fr. for each contracting State.

To determine the part which each State should contribute to this total of expenses, the contracting States, and those which may afterwards join the Union, shall be divided into six classes, each contributing in the proportion of a certain number of units, namely:—

1st class .. .. .. 25 units.
2nd class .. .. .. 20 "
3rd class .. .. .. 15 "
4th class .. .. .. 10 "
5th class .. .. .. 5 "
6th class .. .. .. 3 "

These co-efficients will be multiplied by the number of States in each class, and the sum of the result thus obtained will supply the number of units by which the total expense has to be divided. The quotient will give the amount of the unit of expense.

The contracting States are classed as follows with regard to the division of expense:—

1st class .. .. France, Italy.
2nd class .. .. Spain.
3rd class .. .. Belgium, Brazil, Portugal, Switzerland.
4th class .. .. Holland.
5th class .. .. Servia.
6th class .. .. Guatemala, Salvador.

The Swiss Government will superintend the expenses of the International Office, advance the necessary funds, and render an annual account, which will be communicated to all the other Administrations.

The International Office will centralise information of every kind relating to the protection of industrial property, and will bring it together in the form of a general statistical statement, which will be distributed to all the Administrations. It will interest itself in all matters of common utility to the Union, and will edit, with the help of the documents supplied to it by the various Administrations, a periodical paper in the French language dealing with questions regarding the object of the Union.

The numbers of this paper, as well as all the documents published by the International Office, will be circulated among the Administrations of the States of the Union in the proportion of the number of contributing units as mentioned above. Such further copies as may be desired either by the said Administrations or by societies or private persons will be paid for separately.

The International Office shall at all times hold itself at the service of members of the Union, in order to supply them with any special information they may need on questions relating to the international system of industrial property.

The Administration of the country in which the next Conference is to be held will make preparations for the transactions of that Conference, with the assistance of the International Office.

The Director of the International Office will be present at the meetings of the Conferences, and will take part in the discussions, but without the privilege of voting.

He will furnish an annual report upon his administration of the office, which shall be communicated to all the members of the Union.

The official language of the International Office will be French.

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

In witness whereof the undersigned Plenipotentiaries have drawn up the present protocol.

BEYENS.
VILLENEUVE.
Duc DE FERNAN-NUNEZ.
P. CHALLEMEL-LACOUR.
CH. HÉRISSON.
CH. JAGERSCHMIDT.
CRISANTO-MEDINA.
RESSMAN.
Baron DE ZUYLEN DE NYEVELT.
JOSE DA SILVA MENDES LEAL.
F. D’AZEVEDO.
J.-M. TORRES-CAÏCEDO.
SIMA M. MARINOVITCH.
LARDY.
J. WEIBEL.

III.—ACCESSION OF HER MAJESTY’S GOVERNMENT TO THE CONVENTION SIGNED AT PARIS, 20TH MARCH, 1883.

The undersigned, Ambassador Extraordinary and Plenipotentiary of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland to the French Republic, declares that Her Britannic Majesty, having had the International Convention for the Protection of Industrial Property, concluded at Paris on the 20th March, 1883, and the protocol relating thereto, signed on the same date, laid before her, and availing herself of the right reserved by Article XVI. of that Convention to States not parties to the original Convention, accedes, on behalf of the United Kingdom of Great Britain and Ireland, to the said International Convention for the Protection of Industrial Property, and to the said protocol, which are to be considered as inserted word for word in the present declaration, and formally engages, as far as regards the President of the French Republic and the other high contracting parties, to co-operate on her part in the execution of the stipulations contained in the Convention and protocol aforesaid.

The undersigned makes this declaration on the part of Her Britannic Majesty with the express understanding that power is reserved to Her Britannic Majesty to accede to the Convention on behalf of the Isle of Man and the Channel Islands, and any of Her Majesty’s possessions, on due notice to that effect being given through Her Majesty’s Government.

In witness whereof the undersigned, duly authorised, has signed the present declaration of accession, and has affixed thereto the seal of his arms.

Done at Paris on the 17th day of March, 1884.

(L.S.) LYONS.

IV.—DECLARATION OF ACCEPTANCE OF ACCESSION.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, having acceded to the International



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1891, No 89





✨ LLM interpretation of page content

🌏 International Convention for the Protection of Industrial Property (continued from previous page)

🌏 External Affairs & Territories
20 March 1883
International Convention, Industrial Property, Protection, Plenipotentiaries, Paris, Patents, Trade-marks, Trade-names, Final Protocol, Accession, United Kingdom
  • Beyens
  • Villeneuve
  • Duc de Fernan-Nunez
  • P. Challengel-Lacour
  • Ch. Herisson
  • Ch. Jagerschmidt
  • Chrisanto-Medina
  • Ressman
  • Baron de Zuyl de Nyevelt
  • Jose da Silva Mendes Leal
  • F. d’Azevedo
  • J.-M. Torres-Caicedo
  • Sima M. Marinovitch
  • Lardy
  • J. Weibel
  • Lyons, Ambassador Extraordinary and Plenipotentiary of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland to the French Republic