New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-25
AN INDUSTRIAL EMPIRE.
AN INTERNATIONAL UNION PROPOSED.

| THE PROTECTION OF INDUSTRIAL PROPERTY
One of the measures now before the Senate OF
the United States is the treaty agreed upon III
Paris. March 20. 1888. by the international
! Conference for the Protection of Industrial
Propertv. The object of the treaty is to settle
and protect the rights of inventors and the
owners of trademarks, by giving them equal
rights in all States members OF the pro-
posed union. The full text of the treaty
and protocol, together with explanatory com
ments by James o. Putnam, United States dele
gate to tho Paris Conference which drafted tine
| treaty, are given herewith.
| THE AIMS AND SCOPE OF THE TREATY.
A COMPREHENSIVE Neutrality-suspicious. TO THE
UNITED DETERMINATIONS TO AMERICANS.
| [BY TELEGRAPH To THE TRiBUNEI
! WASHINGTON, April 2t.-The Senate has now
! under discussion the treaty agreed upon by the
International Conference for the Protection of In
dustual Property. which was held in Paris on
March 20 1883 The draft Of the treaty was pre-
pared in 1880 by Congress, which also assembled
ID Paris and at which were present the represen-
taives of all the leading European states texcept
GERMANY, the United states, Mexico, Brazil and
tho rest OF the south American states. The
treaty attempts to settle the rights
of inventors and proprietors OF trade
marks and TO give to each equal protection
M the countries conpos sing the union. American
trademarks are initiated t0a large extent IN France
England, Germany, and other countries without
redress on the part of their rghtful owners Ii is OBJ
yious therefore, what importance attaches to the
treaty and the discussions which preceded and led
| up TO the form in which ii was finally drafted.
At the conlerencein Harch, 1858, twenty states
were represented: rance. the United States,
| 10 Df,1.v +;nn
! Spain, Great Britain, Guatemala, Italy, LuGem-
! bours. the Netherland5 Portugal ROuma1ia, Rus
STA. salvador Sorvia Sweden and NORWAY Swift
| erand and Uruguay. Eleven of hem signed the
| treaty They were Belgium. Brazil Spain, France,
| Guatemala Italy. the Netherlands Portugal.
| salvador, Serva and Switzerland. By the terms OF
he treaty other states not belonging to the union
are to be admitted on certain conditions. The text
of the treaty reads
Article Austria Hungary, the Argentine OOnfedera
France, Great Brian and Ire and, Guatemala, Ital}
Holland, Portugal Russia, sweden and EorI4y, saliva
dor. Swizeraud turkey Oilguay ana lhe Onleu states
OF Venezuela have entered into union Tor the protection
Article 21TLe subjects citizens OF each o. the
contracting States shall enjoy In all the other Statos
! Of the uniOn in that which relates TO patents OF
invention ihdustl rial drawings models, trade bus
ness marks and commercial titles the advantages wnloh
the respective laws accord now or shall accord hereafter
| their citizens. Accordingly they sha have the
same protection such citizens and the same Legal
reserve OF conformity with the formates ana upon the
conditions Imposed upon citizens by tae interior lessla-
Arc,c 3The surjcct Of states not belonging to the
uuIon Who are residents of. nave industrial
merraI Establishments within, any of the of the
union asamattd 10 the subjects or citizens OF the
AriGie Any person who shall have regularly regis
tered an application for patent oiinyenon Of au Indus
| trial design OF model trade or commercial mark
| in one Of the contracting states, email enjoy
10 ene5J reg a2n ID me G'ner 9.eS' r Sht ~ %
ory, during the period hereinafter named Consequently
the Registration finally effected either OF Tie states Of
not De uv1d5ted by any lacts Transporting during that
cation OF he invention orbr It's working by third parity
by the exposure to sale of copies Of the te n or mo e or
mentioned above shall be six months for the patents OF
inventions, and three months for industrial de-ign' OF
lvi~. wei Tor trade or business marks. There
'hal be IN additional decay OF one month lor countries
Ari,c'e The introduction nv the patenee into the
country where the patent has been granted m OF art
of the uu.oa snail not work forfeiture of l- patent
Nevertheless the paeufee shall be obligation to
Into which be has introduced the objects pa MED.
Artac 6-Eycrv trade or business mark regularly rig
lst~rea lu the country Of is oleln sh' ne aIhtI u
registration and protected as such IN al me otter conn
t'riug las his principal establishment shai be- considered
| the country OF or 1l II the principal establishment
country 70 which -istraut belongs shall ue con
! ~dercd The country OF origin. Kessuation snail be
| -dcred contrary moral. TO pubhcoriar
ArrCe The nature o. the artice upon which the
! obstacle 10 the registration OF the mark.
Auce So commercial name shall be protected in all
countries % the uuI0u without obligation 10 register
IT, whether or not II Is part OF trade or business
| Article 9.-Tvcry product unaw4uuy bearing a trade
or business mark, or commercial name. may De seized
upon s importation into any OF the states Of the union
III which such mark commercial name has right to
legal protection. The seizure shall be made on The re-
quest Of the public minister or or IN" Interested party III
accordance with the interior legislation OF each state
Arcc lOIhe provisions OF the preceding art Gle shall
be applicable to every product bearing falsely as an m
dlcation Of the place OF its Origin the name of specific
locality when that Indication shall be united =" IN com
htIcla Adluc, ucutous OF borrowed WIN IItIuu. ~
intent Every manufacturer or trader gagged IN TIE
manufacturing sale OF such product, and established
IN the locality falsely Indicated as its place OF origin Is TO
be regarded - an interested party.
grant temporary protection TO patentaho inventions, 10
industrial drawings models, as well aS 10 trade or
Official OF officially recognized international cxpo,.tions
'h.e l2i4cA OF tHe nigh contracting parties under
property and central office Tor the information OF the
public, upon patents OF invention. industrial drawings or
| models, and trade OF business marks.
Ariris l3-Au Information Office shall be organized.
under title of international Of the Union for the
protection Of industrial property. 1hs burc whose
peuse snail be borne 10y The administrations OF all CON
| tracing states, shall DE placed under the high
authority Of the superior administration of the
! swiss C,nfrderlc', AM 'ntH be- op,Fdai unier IT,
! common consent of the states Of the Union.
Arice ll-ihe present treaty shall he subjected to
TEN Of the union For that purpose, conferences shall
Afli,e 15.-It is Understood that the high contracting
Tatey with each other special arrangements for the pro-
lection Of industrial property, provided such arrange
meL. DO not cOntIdyeuc the provisions OF the present
/ convention.
Ari.cic lG.-The States which not parties 70 the
convention shall 10 admitted to II request.
Adhesion 20 il shall be notified dpOmaucaly 10 the GOV
OF tie Swiss COufedeTacy aud 10y It 10 all other
1t shs carry with II Of fun night acceptance
OF an It's provisions and admission 10 all the advantages
| stipulated by the present convention.
Arts'e 1.-THE execution Of the reciprocal engage
| ments contained In the present convention Is sub
oriuatsd necessary, to tho revision of the
existing fOrmatcs ana -ulatons under the cOustu
uon laws OF the high contracting states, and which
tuey undertake effect with the shortest possible de-
! lay.
Ar'icie l3.Ihe present convention shall come into
operation from and remain IN force for Indefinite
period uut the expiration OF year from the date on