Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-27
IN THE PAgAL ZONE
PATENT LAWS OF THE UNITED
STATES DO NOT APPLY.
Opinion Of Assistant Attorney General
Campbell Submitted to the Sec
rotary Of the Interior.

The assistant attorney general for the In
terror Department. Judge Frank L. Camp
bell. in an opinion. requested by the COM
missioner of patents, holds that the laws
OF the United States are not applicable to
the Panama canal zone: that the Panama
canal zone is not an organized territory
Of this country. and there Is no provision In
the treaty. laws. or regulations making
the laws of the United States generally
applicable. nor Is there any provision spe-
cifcally making the patent laws and the
laws relating to the registration OF trade
marks and labels applicable thereto.
The Question at Issue.
The opinion was submitted to the acting
Secretary of the Interior at the request
Of Commissioner Allen Of the patent Of
fee. who desired to be informed as to
whether or not the laws relating to patents
issued by the patent Office and trademarks
registered in this country extend to the
territory recently acquired by the United
States and known as the Panama canal
zone. In his opinion Judge Campbell cites
the act of Congress authorizing the con-
struction of the Panama canal which con-
tained provision authorizing the acqu1Si-
ton by the United States Of perpetual con-
troll OF a strip of land on the isthmus and
to jurisdiction Of this strip and the ports
al the ends thereof. This act also author
lied the President to make such police and
sanitary rules as shall be necessary to pre-
serve order and the public health, and to
establish such judicial tribunals as may
be agreed upon as may be necessary to
enforce the rules provided for. Judge Camp
bell states. Under authority OF this act
of Congress, the opinion continues. the
President concluded a convention between
the United States and Panama, which was
duly ratified and by the terms Of which the
United States obtained In perpetuity the
. k,Nl 49, nf
land the width of two miles across the
isthmus. Provision for the government OF
the zone was made by the" President in
May of last year, who directed that the
isthmian canal commission should have
complete jurisdiction over the canal zone
under the supervision and direction OF the
Secretary of War.
In letter to the Secretary of War the
President gave full and explicit directions
as to the duties and powers of the canal
commission, but in this letter there Is no
mention of patent or trademark laws nor
of extending the laws Of the United States
generally to the canal zone. Continuing,
Judge Campbell states his conclusions:
Conclusions Stated.
Upon the informal suggestion by this
office you the acting secretary of the In
terior) wrote the Secretary of War asking
for Information on the subject. In reply
thereto the acting chairman of the 18TH
vember 30, 1904, said
There has been no legislation by this
commission with regard to the registration
and protection of patents or trademarks
In the canal zone, as we advised by
our counsel that this must come from the
Congress of the United States. We hope
that this matter will be taken up early In
the coming session
From the foregoing statement, which it
IS believed includes references to all pro-
visions OF the treaty, laws and regulations
touching the matter under consideration it
is seen that the canal zone has not in any
sense been organized as territory Of the
United States: that there Is no provision
making the laws OF the United States gen.
orally applicable In the canal zone; and
that there is no provision specifically MAX
ing the patent laws and the laws relating
to the registration of trademarks and la
bells applica BILE there '
THE opinion of the Attorney General Of
February 49, 1902 referred to in your let
ter submitting the matter to me, holds that
the residents OF Porto Rico are entitled to
register trademarks under the act of Com
gress Of March 3, 1891. This conclusion is
reached upon the theory that Porto Rico
has been fully organized under q law of
Congress providing the details Of its gov.
eminent and organized, for the most part
upon the plan adopted for the territories
contiguous to the states of the Union !" and
upon the fact that the laws of Congress NOT
locally inapplicable have by the act for the
government Of that island and by the T3a
Vlseo statutes been extended to it. This
presents an entirely different aspect to the
matter now under consideration Tn tho
same opinion the Attorney General. sneak
ing OF the Philippine Islands, said:
DO not regard them as completely or
gained territories in contemplation of Re-
vtsed Statutes section 1891
me canal zone cannot be regarded as an
organized territory in contemplation of said
section of the Revised Statutes.
-, am OF opinion. and so advise you, that
the laws or the United Tot
patients and the registration of trade.
MARKS. nave not been put in force in the