New-York tribune., 1919-08-07
Rights Of U. S.
Citizens in
Germany Safe
Effect of Peace Treaty on
Business Interests Is Ex-
planned il, Statement
From State Department
Ne,g }'ork Tribune
Washington Rurecu


Of that part Of the peace treaty with
orsy. The statement follows in part:
Synopsis
The cencva' system OF industrial
pTororty rights az is existed before
the va. is restored IN 50 rsr as sus-
pended b. thc Wa, except ir tt s3c-
cia' cases hereafter noted
"American- owned industrial prop
erty rights in Germany which have
become invalid by reason Of failure
to pay annual taxes or meet any for
NAL requirements, may be revalidated
"Failure to work in Germany dur
ing the war is waived as a cause of
forfeltnre o. industrial property rights,
and this period in which foreign work
ing O. inventions, etc. is not compul-
sorJ, IS extended to two yeas a.ter
The war.
L. S. Patents Provided For
Americans who were prevented by
the war from patenting their inven-
tlons, registering their trademarks,
etc, in Germany may do so now.
Measures taken during the war by
the United States by way of licensing
or liquldating German patents are
recognized as valid and remain ef-
fective.
THE right of the United States to
impose conditions on German-owned
industrial property if in future the
national defence or public interest
should require it is reserved by the
United States and recognized by Ger
many.
The liability of the United States,
or those acting for it, for infringements
incident to the prosecution Of the war
is waived by Germany for itself and its
nationals.
License contract rights and rights Of
Americans. to sue for infringements
committed during the war by Germany
or Germans are not surrendered by the
treaty.
This part Of the treaty covers the
readjustment Of the rights of all bel
llgerent parties in the matter Of in
and copyrights). 1t is important to
the people of the United States, since
the rights in question materially affect
manufacturing, industrial and financial
interests throughout the entire country
"Citizens of the United States, more
than any other belligerent country, are
concerned with the readjustment of
industrial property rights, because as
consequence of the war such rights of
-Ai'ic 'Sa'i CitiAsHS Hdu Deen SfdVclN
preJudiced in Europe, without any cor
responding loss by European citizens in
America. This because patents in the
united States are granted for an ur-
restricted term of seventeen years,
without any requirement of taxes o.
invalldating conditions of any kind,
after the issue of the patent. where
as IN Germany annual taxes are levied
on patents and continuous exploitation
there is required. Failure to meet
these, requirements is penalized by
complete forfeiture of the rights.
Treaty Permits Renewals
The treaty of peace remedied this
condition by providing that citizens of
any of the high contracting parties
may renew their industrial property
within one year after the ratification
thereof. This permits citizens of the
United States to reestablish their in
dustrai property rights not only in
germany out in all Of the Allied coun-
tries as we'll.
I'm the matter Of working indus
trial property rights Article 800 is es-
peclally advantageous to citizens Of
the United States, since by it they are
excused for all failures to exploit their
inventions abroad after August /, 1914.
And, Furthermore, they are not re-
qulred to exploit for two years after
the conclusion Of peace
Check on German Patents
In view Of what was learned during
the WAY AS to improper use made in
the past by Germans Of their patents
IN fOreign countries. the treaty reserves
to each of the Allied and associated
powers the right to impose after the
conclusion of peace restrictions on
employment Of German owned indus
trial property in the respective Allied
countries.
During the war it was necessary for
the United States government to man
ufacture and use a great deal Of ma
terlal covered by German-owned pat
ents 1t has been considered by the
commission lntolerable that the gov
eminent OF the United States should be
required TO pay to Germany. or German
citizens royalty for the privilege of
having used this property in the prose
cution of the war which was forced on
the United States by Germany. In
consequence the treaty provides that
no such claim shall be made against
any Allied or associated government by
Germany or German citizens.
THE other Allies decided to cancel
by the treaty of peace all contracts
and licenses made before the outbreak
Of the war between citizens of their re-
spectivc countries and Germany. They
also decided TO wipe out all reciprocal
claims for infringement Of industrial
property rights during the war between
their citizens and citizens of Germany.
however arising.
"The objects and advantages Of
these two provisions were appreciated
by the American delegation at the
peace conference, but it was felt that
they ought not to cancel any rights or
American citizens. Therefore the
United States is expressly excepted
tion clauses Of the treaty"
Parcel Post Regulations