United States-Germany.

Copyright Proclamation.

A proclamation was issued December 8, 1910, by the President, announcing that the benefit of the provisions of the law of March 4, 1909, relating to the control of mechanical musical reproduction, Sec. 1, (e) extend to German subjects.

United States-Luxemburg.

Copyright,

Following the general proclamation of the President declaring reciprocal copyright relations to exist with a list of countries named therein (see PATENT AND TRADE MARK REVIEW, page 3130), a special proclamation was made June 29, 1910, on behalf of Luxemburg.

Turkey.

COPYRIGHT.-New Law.

A law was adopted May 1, 1910. The text in French will be found in Le Droit d'Auteur, November 15, 1910, p. 148. This publication is on file in the REVIEW office, and can be consulted there.

Pan-American Union.

Commercial Congress.

This gathering, referred to in our last issue (p. 3408) as then in progress, was very largely attended by the representatives of the Pan-American countries and by representative men from all parts of the United States, and the discussions were of a most interesting and practical character. The effect of the Congress upon the commercial relations of the countries of the Union can not fail to be far-reaching. It is understood that Mr. John Barrett, the Director-General of the Union, who planned and brought about the Congress, intends that this shall be only the beginning of a series of such conferences.

Australian Commonwealth.

TRADE MARKS.-Decision.

Application was made for the registration of the word "Deluge" as a trade mark for skylights, Registration was refused by the Registrar on the ground that the word carried the "characteristic of commendation." On appeal to the Law Officer the word was held descriptive, and the decision of the Registrar was confirmed.-Florant, Application No. 9692.

California.

TRADE MARKS.-Amendment of State Law.

In our issue of October last (p. 3300) we called attention to a most obnoxious feature of the trade mark law of the State of California.

As a result of the enterprising efforts of the United States Trade Mark Association of this city, the law in question has just been so amended as to remove the obnoxious provisions thereof.

The amending Act was

For the former law see 9 Pat. & T. M. Rev., 3301. approved by the Governor March 23, 1910, and is as follows:

An Act to amend sections three thousand one hundred and ninety-seven and three thousand one hundred and ninety-nine of the Political Code of the State · of California, relating to trade-marks.

The People of the State of California, represented in Senate and Assembly, do enact as follows:

Section I. Section three thousand one hundred and ninety-seven of the Political Code is hereby amended so as to read as follows:

3197. Any person may record any trade-mark or name by filing with the Secretary of State his claim to the same, and a copy or description of such trademark or name, with his affidavit attached thereto, certified by any officer authorized to take acknowledgments to conveyance, setting forth that he (or the firm or corporation of which he is a member or officer) is the exclusive owner, or agent of the owner, of such trade-mark or name.

Section 2. Section three thousand one hundred and ninety-nine of the Political Code is hereby amended so as to read as follows:

3199. Any person who has first adopted and used a trade-mark or name, whether within or beyond the limits of this State, is its original owner.” Such ownership may be transferred in the same manner as personal property, and is entitled to the same protection by suits at law; and any court of competent jurisdiction may restrain, by injunction, any use of trade-marks or names in violation of this chapter.

Argentine Republic.

PATENTS AND TRADE MARKS.-Statistics for 1910.

Patents applied for for fifteen years granted for ten •

According to a decree published in the Official Gazette of January 4, 1911, the Minister of Agriculture, Industry and Commerce, at the request of the Patent Agency LECLERC & Co., has decided that hereafter it will not be necessary that the Powers of Attorney contain a statement of a Notary to the effect that the forms are in accordance with the law of the country in which they have been signed, in regard to their form of execution, whether printed or typewritten or written by hand.

Consequently, the publication in La Propriété Industrielle of September 30th, 1909, p. 126, and that in the PATENT AND TRADE MARK REVIEW, p. 3247, should be ignored.

Further, and at the request of the same agency, the Secretary has declared that inventors may file, in place of a Power of Attorney, any other document, such as a declaration or letter authorizing their agents to apply for and to obtain the patent.

The legalization by the Consul of Brazil remains a legal requirement.

Brazil.

PATENTS.-Applications filed under the International Convention.

The Brazilian government requires that with patent applications filed under above-named conditions there must be filed the filing receipt of the home country. This decision was published in a notice appearing in the Official Gazette of November 1, 1910, in the following terms:

The commission charged with the final opening of envelopes of industrial inventions having called attention to the necessity for the exhibition of a document making it possible to verify that in conformity with Article 4 of the INTERNATIONAL CONVENTION of March 20, 1883, promulgated by decree 9233, of July 28, 1884, an application has been regularly filed in a foreign country, the Secretary has resolved to order that proof of the filing be made in order that the inventor may enjoy the benefits assured by the provision mentioned.

Two other decrees confirming the same decision, were published in the Official Journal of January 4, 1911, in response to two requests of the Patent Agency LECLERC & Co., who had demanded the revocation of this requirement, considering it useless, for the following reasons:

First: The inventors are protected by the fact of filing in the country of origin on the date required.

Second: It is not necessary to present the filing receipt or to mention in the description, or in the application, the existence of an application in the country of origin, and furthermore, it is not necessary that inventors invoke the benefits of the INTERNATIONAL CONVENTION.

Third: It is only in case of doubt or litigation regarding the priority or novelty of the invention that it becomes necessary to show, not the certificate of filing, which does not offer sufficient proof, but an authentic copy of the patent, comprising the specification and the drawings of the invention in order to permit a comparative examination.

In consequence MESSRS. LECLERC & Co. inform us that the presentation of a filing certificate in the country of origin is necessary in case the inventor desires that there should be in the description or claims a reference to the INTERNATIONAL CONVENTION. This reference, however, can be omitted without loss because inventors are completely protected by the filing of the application in the country of origin at the date required.

Brazil.

PATENTS.-Proposed Revision of Patent Law and Patent Office.

We are indebted to MESSRS. LECLERC & Co., Rio Janeiro, for the statement that the Official Gazette, under date of November 12, 1910, published the following:

The Minister of Agriculture, Industry and Commerce, while considering the long felt necessity of reorganizing the Office of Industrial Property, especially in the branch relating to Patents of Inventions, which are still subject to the law 3129 of 1882, and having come to the conclusion that a satisfactory reorganization of the office depends upon basic principles and elements, which can be successfully arranged and co-ordinated only by a competent person, who knows this branch in all its details, has decided to commission Dr. SOARES FILHO, director of Industry and Commerce, to make a complete and retrospective study of the subject and to search for all the defects which, in consequence of our rules and regulations and the mode of conducting our office, need to be corrected. After this preliminary. work is accomplished, the Commissioner will go to Switzerland, the seat of the International Office of Industrial Property, there to apply himself to a parative study of foreign laws on this subject, and especially to a close observation of the rules of practice in the offices of the different members of the Union, so that the government will be enabled to effect the necessary reorganization of the office upon safe and sound principles.

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The Minister expresses his hope to the Commissioner that in the accomplishment of this mission, he will show the same zeal he has manifested in all matters entrusted to his care.

Pan-American Conventions.

The following Conventions, adopted by the Conference which met at Buenos Aires last year, were submitted by the President of the United States to the Senate for its advice and consent thereto and were favorably acted upon by that body just prior to the close of the last Session.

They have not yet, however, been proclaimed, and until this step has been taken will not be effective. It is understood that proclamation thereof will be deferred until information is received as to action by other countries.

CONVENTION.

INVENTIONS, Patents, DesignS, AND INDUSTRIAL MODELS.

Their Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chili, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela:

Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates, duly authorized to approve the recommendations, resolutions, conventions, and treaties which they might deem advantageous to the interests of America.

United States of America: Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley.

Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodriguez Larreta, Carlos Salas, José A. Terry, Estanislao S. Zeballos.

United States of Brazil: Joaquin Murtinho, Domicio da Gama, José L. Almeida Nogueira, Olavo Bilac, Gastao da Cunha, Herculano de Freitas.

Republic of Chili: Miguel Cruchaga Tocornal, Emilio Bello Codecido, Aníbal Cruz Diaz, Beltrán Mathieu.

Republic of Colombia: Roberto Ancízar.

Republic of Costa Rica: Alfredo Volio.

Republic of Cuba: Carlos García Vélez, Rafael Montoro y Valdés, Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M. Carbonell.

Dominican Republic: Américo Lugo.

Republic of Ecuador: Alejandro Cárdenas.

Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. Republic of Haiti: Constantin Fouchard.

Republic of Honduras: Luis Lazo Arriaga.

Mexican United States: Victoriano Salado Alvarez, Luis Pérez Verdía, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz.

Republic of Nicaragua: Manuel Pérez Alonso.

Republic of Panama: Belisario Porras.

Republic of Paraguay: Teodosio González, José P. Montero.

Republic of Peru: Eugenio Larrabure y Unánue, Carlos Alvarez Calderón, José Antonio de Lavalle y Pardo.

Republic of Salvador: Frederico Mejía, Francisco Martínez Suárez.

Republic of Uruguay: Gonzalo Ranírez, Carlos M. de Pena, Antonio M. Rodríguez, Juan José Amézaga.

United States of Venezuela: Manuel Díaz Rodríguez, César Zumeta.

Who, after having presented their credentials, and the same having been found in due and proper form, have agreed upon the following convention on inventions, patents, designs, and industrial models.

ARTICLE I. The subscribing nations enter into this convention for the protection of patents of invention, designs, and industrial models.

ART. II. Any persons who shall obtain a patent of invention in any of the signatory States shall enjoy in each of the other States all the advantages which the laws relative to patents of invention, designs, and industrial models concede. Consequently, they shall have the right to the same protection and identical legal remedies against any attack upon their rights, provided they comply with the laws of each State.

ART. III. Any person who shall have regularly deposited an application for a patent of invention or design or industrial model in one of the contracting States shall enjoy, for the purposes of making the deposit in the other States and under the reserve of the rights of third parties, a right of priority during a period of twelve months for patents of invention, and of four months for designs or industrial models.

In consequence the deposits subsequently made in any other of the signatory States before the expiration of these periods cannot be invalidated by acts performed in the interval, especially by other deposits, by the publication of the invention or its working, or by the sale of copies of the design or of the model.

ART. IV. When, within the terms fixed, a person shall have filed applications in several States for the patent of the same invention, the rights resulting from patents thus applied for shall be independent of each other.

They shall also be independent of the rights arising under patents obtained for the same invention in countries not parties to this convention.

ART. V. Questions which may arise regarding the priority of patents of invention shall be decided with regard to the date of the application for the respective patents in the countries in which they are granted.

ART. VI. The following shall be considered as inventions: A new manner of manufacturing industrial products, a new machine or mechanical or manual apparatus which serves for the manufacture of said products, the discovery of a new industrial product, the application of known methods for the purpose of securing better results, and every new, original, and ornamental design or model for an article of manufacture.

The foregoing shall be understood without prejudice to the laws of each State.

ART. VII. Any of the signatory States may refuse to recognize patents for any of the following causes:

(a) Because the inventions or discoveries may have been published in any country prior to the date of the invention by the applicant.

(b) Because the inventions have been registered, published, or described in any country more than one year prior to the date of the application in the country in which the patent is sought.

(c) Because the inventions have been in public use, or have been on sale in the country in which the patent has been applied for, one year prior to the date of said application.

(d) Because the inventions or discoveries are in some manner contrary to

morals or laws.

ART. VIII. The ownership of a patent of invention comprises the right to enjoy the benefits thereof, and the right to assign or transfer it in accordance with the laws of the country.

ART. IX. Persons who incur civil or criminal liabilities, because of injuries or damage to the rights of inventors, shall be prosecuted and punished in accordance with the laws of the countries wherein the offense has been committed or the damage occasioned.

ART. X. Copies of patents certified in the country of origin, according to the national law thereof, shall be given full faith and credit as evidence of the right of priority, except as stated in Article VII.

ART. XI. The treaties relating to patents of invention, designs, or industrial models, previously entered into between the countries subscribing to the present convention, shall be superseded by the same from the time of its ratification in so far as the relations between the signatory States are concerned.

ART. XII. The adhesion of the American Nations to the present convention shall be communicated to the Government of the Argentine Republic in order that it may communicate them to the other States. These communications shall have the effect of an exchange of ratifications.

ART. XIII. A signatory nation that sees fit to retire from the present convention, shall notify the Government of the Argentine Republic, and one year after the receipt of the communication the force of this convention shall cease, in so far as the nation which shall have withdrawn its adherence is concerned.

In witness whereof, the plenipotentiaries have signed the present treaty and affixed thereto the seal of the Fourth International American Conference.

Made and signed in the city of Buenos Ayres on the 20th day of August in the year 1910, in Spanish, English, Portuguese, and French, and deposited in the