The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-29
NO FEAR.
American Patents to Be
Protected in Paris.

Capehart, director OF liberal arts and
chemical industries for the United
States commission to the exposition,
who returned from Paris only a few
days ago, said that he was assured that
the patents and trade marks of Amer-
can exhibitors would be amply pro-
tected.
A newspaper article setting forth the
basis of the fears of Americans intend
ing to make exhibits, was shown to
Mr.. Capehart, as well as to Assistant
Commissioner General Woodward and
j. V. Skiff, director in chief Of exhibits,
all Of whom have been in Paris recent
ly, and all were positive that the
fears expressed were not well ground
ed. Those who fear that the protection
afforded to exhibitors will not be suffi-
Gent to warrant general exhibits by
Americans, point out d decision made
some time ago by the national court
of appeals of France, in the case of a
suit brought by Swiss manufacturer.
This man claimed that certain de-
signs of his, although they had been
registered according to French laws,
had been copied extensively in France
and he brought suit against the alleged
imitators and infringers of his regis
tered rights, and the case was decided
against him. The courts opinion in
the case was in part as follows:
I'VE assume and acknowledge that
limitations Of registered designs are
proved. This case is based on the law
promulgated by imperial decree of
1861, by which foreigners are allowed
to register designs at Paris if their
country has a reciprocal treaty with
France, but this law has fallen into
disuse, with great many others, at
the epoch of free trade agreements.
Under international agreement of 1883,
foreigners are put on the same footing
as the French, and by virtue of the
text of the law of 1906, amended by de-
cree of 1925 a manufacturer is obliged
to deposit his designs to be protected
with the competent authorities of the
district in which his factory is To-
Gated"
This construction of the law. it is
feared by some intending exhibitors.
makes the best brain effort of manu-
facturerS who have no factory in
France, the legitimate prey Of French
imitators, since they believe that under
the ruling of the highest courts imita-
ton of designs is allowed. They point
out also that this is in the face of the
fact that large sums may be paid for
the registering of designs in Paris, I'M
der the belief that it will insure them
protection from limitations, and that
these fees heretofore have been blandly
accepted. The application of the de-
cision, they claim is so far-reaching
as to apply to the exhibits of the pro-
duct of American genius at the Paris
exposition, Notwithstanding the fact
that it was made in the case of a
Swiss manufacturer.
| Mr.. Capehart has obtained on his re-
cent trip considerable information in
regard to the subject from the French
authorities, which he will collect to-
gether within few weeks and publish
in pamphlet to be issued by the com
mission for distribution among manu-
| faeturers in this country Mr. Cape
hart said that he had been assured
most positively by the French authori-
ties that all patents, registered de-
signs and trade marks would be guard
ed safely from imitators
The documents to support this as
surance are not all in my possession
at present" he said. Some are in
Chicago and others are in the possess
sion of various members Of the com
mission not now in this city. I shall
collect all these documents together az
soon as as possible and give the public
the benefit of the information contained
in them.
However, there are some points 7
can give now which 1 think will serve
to reassure some of those scientifically
inclined. The decision in regard to the
Swiss manufacturer, you will notice
refers to the law of 1861, on which his
case was passed Now, the French act
which will serve to protect exhibitors
at the exposition is one adopted Nav
%, 1858 It refers to previous acts and
takes their place.
This French law of May, 1868, is in
corporated in the organic act of the re-
public providing for the exposition. The
law is in relation to all exhibitors. and
guarantees ample protection to exhib-
ltors who have not previously exhibited
| their manufactured articles in the re-
pupllc OF France, for a period of three
calendar months next following the
close Of the exposition, provided the
opening of such exposition makes or
shal nave made application to the pre-
fez OF the same for a patent.
Inns application, as well as the gen
eral forms thereof, corresponds with
those usually followed in applications
Tor patents in the republic of France
me prefer referred to corresponds to
{ - NNiAiAiAioGlOAtI OF patents.
: j. e. V. Slliff corroborated the state
ments made by Mr.. Capehart as did
Assistant Commissioner General Wood
ward ana Mr.. Skiff added that he had
seen decision of the French co11rt Of
| appeals more recent than the one in
the case of the Swiss manufacturer
Whlch referred directly to the profec,
ZION OF trademarks and registered de-
Signs The commissions copy of this
G it'7odsI' IS now In Chicago, and will be
Incorporated in the forthcoming nam
phlet report, Mr.. Skiff was certai,
that 1t guaranteed full protection to
owners OF trademarks and registered
designs. esis'eie Gu
Mr. Capehart also quoted from the
general rules and regulations of tbe
exposition. In the chapter concerning
Ine protection of exhibits, are the foI7
lowing provisions: -0i-
d,E section 70, No works of art, no pro-
DUCTS exhibited in the BUILDINGS hans
or gardens, may be sketched coniaT 10, ~,
reproduced, in any way Whatsoever
Without an authorization from tbe av
IIioItor countersgned by the depart-
HheHl OF the director general The
commissioner general may give ner-
Mus mus; Tor the reproduction Of ensemble
Sec, Il. Exhibitors shall have all the
Io1, - iaiiiiulltleS granted by the
Jaw oL May 70, 1858, as to the guaran-
zee Oh inventions liable to be patented,
me aISo OF manufacturing designs,
within the delays and subject to the
coiiutlons or the said law.
lnefe are many other WAYS in
MllGH to show the intent to protect all
cNLi9ltors, as to the guarantee of in
nenti9ns liable to be brought out in the
yam paln,phiet soon to be issued New
1ll1hG
HUNT FOR JOHN BROWNS
CLOTHES.