Oct. 23.] THE NEW ZEALAND GAZETTE. 3219

Article VIII.

A trade-name shall be protected in all the countries of the Union without necessity of registration, whether it form part or not of a trade-mark.

Article IX.

All goods illegally bearing a trade-mark or trade-name shall be seized on importation into those countries of the Union where this mark or name has a right to legal protection.

If the law of any country does not admit of seizure on importation, such seizure shall be replaced by prohibition of importation.

Seizure shall be effected equally in the country where the mark or name was illegally applied, or in the country to which the article bearing it may have been imported.

The seizure shall take place at the request either of the proper Government Department or of any other competent authority, or of any interested party, whether individual or society, in conformity with the domestic law of each country.

The authorities are not bound to effect the seizure of goods in transit.

If the law of any country does not admit either of seizure upon importation, of prohibition of importation, or of seizure within the country, these measures shall be replaced by the remedies assured in such case to natives by the law of such country.

Article X.

The stipulations of the preceding Article shall be applicable to every production which may falsely bear as indication of origin the name of a specified locality, when such indication shall be joined to a trade-name of a fictitious character or used with intent to defraud.

Any producer, manufacturer, or trader engaged in the production, manufacture, or trade of such goods, and established either in the locality falsely designated as the place of origin or in the district where the locality is situated, is to be deemed a party concerned.

Article X (bis).

All the Contracting Countries undertake to assure to those who enjoy the benefits of the Convention effective protection against unfair trade competition.

Article XI.

The Contracting Countries shall, in conformity with the legislation of each country, accord temporary protection to patentable inventions, to utility models, and to industrial designs or models, as well as to trade-marks, in respect of products which shall be exhibited at official or officially recognized international exhibitions held in the territory of one of them.

Article XII.

Each of the Contracting Countries agrees to establish a special Government Department for industrial property, and a central office for communication to the public of patents, utility models, industrial designs or models, and trade-marks.

This Department shall, as far as possible, publish an official periodical paper.

Article XIII.

The International Office, established at Berne under the name “Bureau International pour la Protection de la Propriété Industrielle,” is placed under the high authority of the Government of the Swiss Confederation, which is to regulate its organization and supervise its working.

The International Office will centralize 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 countries of the Union in the proportion of the number of contributing units as mentioned below. 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. It will furnish an annual report on its working, which shall be communicated to all the members of the Union.

The official language of the International Office will be French.

The expenses of the International Office will be borne by the Contracting Countries in common. In no case may they exceed the sum of 60,000 francs per annum.

To determine the part which each country should contribute to this total of expenses, the Contracting Countries, 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 ,, .. .. .. 20 ,,
3rd ,, .. .. .. 15 ,,
4th ,, .. .. .. 10 ,,
5th ,, .. .. .. 5 ,,
6th ,, .. .. .. 3 ,,

These coefficients will be multiplied by the number of countries 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. Each of the Contracting Countries shall designate at the time of its adherence the class in which it wishes to be placed.

The Government of the Swiss Confederation 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.

Article XIV.

The present Convention shall be submitted to periodical revisions with a view to the introduction of amendments calculated to improve the system of the Union.

For this purpose Conferences shall be held successively in one of the Contracting Countries between the delegates of the said countries.

The Administration of the country in which the Conference is to be held will make preparation for the transaction 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.

Article XV.

It is agreed that the Contracting Countries respectively reserve to themselves the right to make separately as between themselves special arrangements for the protection of Industrial Property in so far as such arrangements do not contravene the provisions of the present Convention.

Article XVI.

Countries which are not parties to the present Convention shall be allowed to accede to it upon their request.

The accession shall be notified through the diplomatic channel to the Government of the Swiss Confederation, and by the latter to all the other countries.

It shall entail, as a matter of right, accession to all the clauses, as well as admission to all the advantages stipulated in the present Convention, and shall take effect one month after the despatch of the notification by the Government of the Swiss Confederation to the other countries of the Union, unless a subsequent date has been indicated by the acceding country.

Article XVI (bis).

The Contracting Countries have the right of acceding to the present Convention at any time on behalf of their Colonies, Possessions, Dependencies, and Protectorates, or of any of them.

For this purpose they may either make a general declaration including all their Colonies, Possessions, Dependencies, and Protectorates in the accession, or may expressly name those included, or may confine themselves to indicating those which are excluded therefrom.