Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1915-02-12
THE "HUNS" ARE THE BETTER
OF THE TWO

OF THE TWO.
Pursuing its policy of seeking to
profit commercially through the war,
the English government has vir-
tually annulled German patent rights
in England Consequently through
out England articles are now sold
which bear German names and trade
marks, but which are produced by
British manufacturers This applies,
for instance, to proprietary medicines
and dye products.
In marked contrast to what Eng
land has done, the German supreme
court has handed down a decision
declaring that Germany will respect
all patent rights owned by foreigners.
In the decision the attitude of Ger
many in regard to the conflict is
fully stated. War is not to be con-
Quoted to damage economic interests
of the citizens of hostile states, but
only against the belligerent's armed
power Citizens shall therefore en-
! Joy the benefits of civil law, which
include, of course, the protection OF
industrial property. While England
is thus flooding neutral markets with
spurious articles bearing a German
disguise, Germany has taken stand
which cannot fail to win the approval
of the business interests of the
world.
Since the beginning of the war it
has been a matter of dispute whether
and how far the international trea-
ties Of the German empire with those
states with which it is at war are
annulled and whether the foreigners
rights established by these treaties
are to be respected by the German
courts. The decision of the supreme
court Of justice Of the empire dealing
with the protection of Industrial
property (Paris convention) is pub
lished in the Vossische Zeitung, as
follows:
Rights of Foreigners Protected.
'"phe accession of Germany to the
convention has been approved by the
federal council and by the Reichstag
and has been published in the
Official Gazette. Thereby the con-
vention has become a law of the
empire and a part Of that body OF
statute laws which protect the in
dustrial interests. Even though 1t
may be correct that the international
obligation arising from that con-
vention ceases in regard of those
states with which we are at war, this
does not mean that the stipulations
Of the convention, inasmuch as they
have become q part of our civil law,
have been annulled so far as the sub
jects Of the hostile states are con-
cerned
"The international obligation and
tho question whether it has force
within the states are not dependent
on one another. Both stand und fall
together only in case Of treaties the
execution of which would be incom-
patible with the purposes of warfare.
This, however, does not apply in this
case, at least not from the point of
view of German law, since the Paris
convention is referring merely to
private law.
War Not to Damage Industry.
According to the German inter
probation of international law, which
in this point widely differs from
certain foreign interpretations, war
is not to be carried on with the
object Of hurting as much as possible
the economic interests of the citizens
of the hostile states, nor are these
therefore to be deprived of the
benefits or the civil law The Gers
mans rather adhere to the maxim
that war is waged against the hostile
state as such and only against its
armed power and that the subjects
Of the hostile states with reference
to civil law are placed on the same
footing with the natives to the same
degree as in times of peace-that is
to say, unreservedly as far as excep-
tions are not expressly stipulated
"Of course this principle does not
preclude the possibility Of state
multiplying q law, especially as a
measure Of retaliation. which would
place hostile foreigners under differ
ent treatment, as has happened on
several occasions during the present
war. Such a law, however, so far
has not been passed for the pro-
lection of industrial interests. AS
long as this has not taken place the
German judge is bound to apply, as
heretofore, the regulations OF the
convention.
But even if one were to assume
that with the outbreak of the war
the Paris convention had become
void automatically and also as q law
of the empire so far as hostile
citizens are concerned this would
have no influence on the present
case, for, according to German puOhc
law, the annulment of a law never
causes the abolition Of rights pre-
viously acquired"