3220

THE NEW ZEALAND GAZETTE.

[No. 79

This declaration shall be notified in writing to the
Government of the Swiss Confederation, and by the
latter to all the other countries.
Under the same conditions the Contracting Coun-
tries may denounce the Convention on behalf of their
Colonies, Possessions, Dependencies, and Protectorates,
or of any of them.

Article XVII.

The execution of the reciprocal engagements con-
tained in the present Convention is subordinated, in
so far as necessary, to the observance of the formalities
and rules established by the Constitutional laws of
those of the Contracting Countries, who are bound to
procure the application of the same, which they engage
to do with as little delay as possible.

Article XVII (bis).

The Convention shall remain in force for an un-
limited time, till the expiry of one year from the date
of its denunciation.
This denunciation shall be addressed to the Go-
vernment of the Swiss Confederation. It shall only
affect the denouncing country, the Convention re-
maining in operation as regards the other Contracting
Countries.

Article XVIII.

The present Act shall be ratified, and the ratifications
deposited at Washington not later than April 1, 1913.
It shall come into force, as between the countries
which ratify it, one month after the expiration of that
period.
This Act, with its Final Protocol, shall replace as
regards relations between the countries who ratify it :
the Convention of Paris of March 20, 1883 ; the Final
Protocol annexed to that Act ; the Protocol of Madrid
of April 15, 1891, regarding the endowment of the
International Office; and the Additional Act of Brus-
sels of December 14, 1900. The above-mentioned
Acts shall, however, remain in force as regards rela-
tions with countries which have not ratified the pre-
sent Act.

Article XIX.

The present Act shall be signed in a single copy,
which shall be deposited in the archives of the Go-
vernment of the United States. A copy, certified as
correct, shall be forwarded by the latter to each of
the Governments of the Union.
In witness whereof the respective Plenipotentiaries
have signed the present Act.
Done at Washington in a single copy, the
2nd June, 1911.

FINAL PROTOCOL.

On proceeding to the signature of the Act con-
cluded this day, the undersigned Plenipotentiaries
have agreed as follows :—

To Article I.

The words “ Industrial Property ” are to be taken
in their broadest sense : they extend to all produc-
tions of the agricultural industries (wines, corn, fruits,
cattle, &c.) and of the mining industries (minerals,
mineral waters, &c.).

To Article II.

(a.) Under the word “ patents ” are comprised the
various kinds of industrial patents recognized by the
legislation of each of the Contracting Countries, such
as importation patents, improvement patents, &c.,
whether for processes or for products.
(b.) It is understood that the provision of Article II
which exempts the subjects or citizens of the Union
Countries from the obligation as to the possession of
a domicile and establishment is of the nature of an
interpretation, and is consequently to apply to all
rights resulting from the Convention of March 20,
1883, before the present Act comes into operation.
(c.) It is understood that the provision of Article II
does not affect the legislation of each of the Contract-
ing Countries as regards the procedure to be followed
before the Tribunals and the competence of those
Tribunals, as well as provisions as to the election of
domicile or appointment of an authorized agent which
may be laid down in laws as to patents, utility models,
trade-marks, &c.

To Article IV.

It is understood that when an industrial design or
model is registered in a country in virtue of a right
of priority based on the registration of a utility model,
the period of priority shall not exceed that fixed by
Article IV for industrial designs and models.

To Article VI.

It is understood that the provision of the first
paragraph of Article VI does not exclude the right of
requiring from the person registering the mark a
certificate proving due registration in the country of
origin, issued by the competent autho ity.
It is understood that the use of public armorial
bearings, insignia, or decorations, unless authorized
by the competent authorities, or the use of official hall-
marks or signs indicating an official warranty which
may be adopted by a Union Country, may be regarded
as contrary to public order in the sense of No. 3 of
Article VI.
Marks containing a reproduction of public armorial
bearings, decorations, or insignia with the authoriza-
tion of the competent authorities shall not, however,
be considered as contrary to public order.
It is understood that a mark cannot be considered
as contrary to public order solely on the ground that
it does not conform to some provision of the Trade-
marks Laws, unless such provision itself relates to
public order.
The present Final Protocol, which shall be ratified
at the same time as the Act concluded on this day,
shall be considered as forming an integral part of
and shall have the same force, validity, and duration
as the said Act.
In witness whereof the respective Plenipotentiaries
have signed this Protocol.
Done at Washington in a single copy, June 2, 1911.
[Signatures omitted.]

[Translation.]
ARRANGEMENT OF MADRID OF APRIL 14, 1891,
FOR THE PREVENTION OF FALSE INDICA-
TIONS OF ORIGIN ON GOODS.
AS REVISED AT WASHINGTON ON JUNE 2, 1911,
BETWEEN BRAZIL, CUBA, SPAIN, FRANCE, GREAT
BRITAIN, PORTUGAL, SWITZERLAND, AND TUNIS.
The undersigned, duly authorized by their respec-
tive Governments, have drawn up in common accord
the following text, which shall be substituted for the
Arrangement signed at Madrid on April 14, 1891,
that is to say,—

Article I.

All goods bearing a false indication of origin in
which one of the Contracting Countries, or a place
situated therein, shall be directly or indirectly indi-
cated as being the country or place of origin shall be
seized on importation into any of the said countries.
The seizure shall also take place either in the coun-
try where the false indication of origin has been
applied, or in that into which the goods bearing the
false indication may have been imported.
If the law of any country does not permit seizure
on importation, such seizure shall be replaced by
prohibition of importation.
If the law of any country does not permit seizure
in the interior, such seizure shall be replaced by the
remedies assured in such case to natives by the law
of such country.

Article II.

The seizure shall take place at the request either of
the proper Government Department, or of any com-
petent authority, such, for example, as the Customs
Administration, or of an 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.

Article III.

The present stipulations are not intended to prevent
the vendor from indicating his name or address upon
goods coming from a country other than that where
the sale takes place; but in such case the address or
the name must be accompanied by a clear indication
in legible characters of the country or place of manu-
facture or production.