America from May 30, 1887, Dutch Indies from October 1, 1888, Surinam and Curacao from July 1, 1890, Domingo (Republic) from July 11, 1890, New Zealand and Queensland from September 7, 1891, Denmark and Faroe Islands from October 1, 1894, Japan from July 15, 1899, Germany from May 1, 1903, Mexico from September 7, 1903, Cuba from November 17, 1904, Australia from January 1, 1909, Austria from January 1, 1909, Ceylon from January 1, 1909, Hungary from January 1, 1909, Trinidad and Tobago from January 1, 1909.

His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, His Majesty the King of Spain, the President of the French Republic, the President of the Republic of Guatemala, His Majesty the King of Italy, His Majesty the King of the Netherlands, His Majetsy the King of Portugal and of the Algraves, the President. of the Republic of Salvador, His Majesty the King of Servia and the Federal Council of Swiss Confederation.

Equally animated by the desire to assure, by mutual consent, a complete and effective protection of the industries and commerce of the natives of their respective States and to contribute toward the guarantee of the rights of inventors and to the integrity of commercial transactions, have decided to form a convention for that purpose and have appointed as their plenipotentiaries, viz,

Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, agreed upon the following articles:

ARTICLE 1. The Governments of Belgium, Brazil, Spain, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland have formed a Union for the Protection of Industrial Property.

ART. 2. The subjects or citizens of each of the contracting States will enjoy in all the other States of the Union, as regards patents of invention, designs or industrial models, trade or manufacturing marks, and the commercial name, the advantages which the respective laws at present allow or may allow hereafter to the natives. Consequently they will enjoy the same protection as the latter and the same legal remedy against any prejudice that may be caused to their rights, under reserve of their fulfilling the formalities and conditions, to which the natives are subjected by the interior legislation of each State.

ART. 3. Subjects or citizens of States that do not form part of the Union who are domiciled in or have actual and bona fide industrial and commercial establishments in the territory of one of the States of

the Union are assimilated with the subjects or citizens of the contracting State.

ART. 4. Whosoever has in regular form made an application for a patent of invention, or the registration of a design or industrial model, or of a manufacturing or trade-mark, in one of the contracting States, will enjoy a right of priority during the delays hereafter determined, for the purpose of making the application or registration in the other States, reserving always the rights of third parties.

Consequently the application subsequently made for a patent, or the said registrations, before the expiration of the delays, hereinafter mentioned, can not be invalidated by any facts that have taken place in the interval, say, especially any other application or registration, by the publication of the invention or the working of the same, by the selling of copies of the design or of the model, or of the trademark.

The delays of priority mentioned above will be twelve months for patents of invention, four months for designs or industrial models and also for manufacturing and trade-marks.

ART. 4a. The patents applied for in the different contracting States by persons admitted to the benefits of the Convention at the terms of Articles 2 and 3, will be independent of the patents obtained for the same invention in the other States, whether belonging to the Union or not.

This stipulation will apply to patents existing already at the time the Convention comes into force.

The same will apply, in case of new States joining the Union, as regards the existing patents, on both sides, at the time of joining. ART. 5. The introduction by the patentee into the country where the patent has been granted, of articles manufactured in any of the States of the Union, will not involve its forfeiture.

Nevertheless, the patentee will remain under the obligation of working his patent in accordance with the laws of the country, where he introduces the patented articles.

ART. 6. Any industrial or commercial trade-mark, registered in a regular manner in the country of its origin, will be admitted for registration and protected as such in all the other countries of the Union.

The country in which the party registering the trade-mark has his principal establishment will be considered the country of origin. If this principal establishment is not located in any of the countries of the Union, the country to which the said party belongs will be considered the country of origin.

The registration may be refused in case the object to which it has reference is contrary to morals or public order.

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ART. 7. The nature of the product to which the trade-mark is to be affixed can in no case form an obstacle to the registration of the trade-mark.

ART. 8. The commercial name will be protected in all the countries of the Union, without the obligation of registration, whether it forms part of an industrial or commercial trade-mark or not.

ART. 9. Any product bearing illicitly a trade-mark or a commercial name may be seized on importation into those States of the Union in which this trade-mark or commercial name is entitled to legal protection.

The seizure will take place at the request either of the proper public officer or of the interested party, in accordance with the interior legislation of each State.

In the States the legislation of which does not allow seizure on importation, this seizure may be replaced by a prohibition of importation.

The authorities are not bound to effect seizure in case of transit. ART. 10. The stipulations of the preceding article will be applicable to any product bearing falsely, as indication of origin, the name of a definite locality, if this indication is added to a fictitious or borrowed commercial name, with fraudulent intentions.

As interested party will be considered any producer, manufacturer . or merchant, engaged in the production, the manufacture or the selling of the product, and established either in the locality falsely indicated, as place of origin, or in the district where this locality is situated.

ART. 10a. Those belonging to the Convention (Arts. 2 and 3) will enjoy in all the States of the Union the same protection against dishonest competition as is afforded to natives.

ART. 11. The high contracting parties will afford temporary protection, in accordance with the legislation of each country, to patentable inventions, designs or industrial models, as well as to industrial and commercial trade-marks for the products, which may be shown at official international exhibitions, or those officially recognized and organized on the territory of one of same.

ART. 12. Each of the high contracting parties undertakes to establish a service of industrial protection and a central depot for communicating to the public patents of inventions, designs, or industrial models and trade-marks.

ART. 13. An international office will be organized under the title of "International Office of the Union for the Protection of Industrial Property."

This office, the expenses of which will be borne by the administrations of all the contracting States, will be placed under the high

authority of the Superior Administration of the Swiss Confederation and will work under its supervision. Its powers will be mutually determined between the States of the Union.

ART. 14. The present Convention will be submitted to periodical revisions, with a view to introducing improvements of a nature calculated to make the system of the Union more perfect. To this effect the conferences will successively take place in one of the contracting States between the delegates of the said States.

ART. 15. It is understood that the high contracting parties reserve to themselves, respectively, the right of making separately amongst themselves private arrangements for the protection of industrial property, provided that such arrangeemnts do not contravene in any way against the stipulations of the present Convention.

ART. 16. States that have not taken part in this Convention will be admitted to membership at their request.

This membership will be notified by diplomatic channel to the Government of the Swiss Confederation and by the latter to all the others.

It will carry with it, by full right, adhesion to all the clauses and admission to all the advantages stipulated by the present Convention and will come into effect one month after the forwarding of the notification by the Swiss Government to the other States of the Union, unless some other subsequent date should have been stated by the adhering State.

ART. 17. The execution of the mutual undertakings contained in the present Convention is subordinated, as far as may be required, to the fulfilling of the formalities and rules established by the constitutional laws of those of the high contracting parties that are bound to instigate their application, which they undertake to do with as little delay as possible.

ART. 18. The present Convention will be carried into effect within a delay of one month, commencing from the exchange of the ratifications, and will remain in force for an indefinite period up to the expiration of one year from the day on which notice of its discontinuance may be given.

This notice of discontinuance must be addressed to the Government charged with the receiving of adhesions. It will only influence the State that has given the said notice, the Convention remaining in force as regards the other contracting parties.

ART. 19. The present Convention will be ratified and the ratifications exchanged in Paris within the delay of one year at the outside. In witness whereof the respective plenipotentiaries have signed it and affixed their seals.

PROTOCOL OF THE CLOSE.

At the moment of proceeding to sign the concluded Convention of the present date between the Governments of Belgium, Brazil, Spain, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland, for the protection of industrial property, the undersigned plenipotentiaries have agreed upon as follows:

1. The words industrial property are to be understood in their broadest acceptation, in the sense that they apply not only to the products of industry, properly speaking, but also to products of agriculture (wines, grain, fruits, cattle, etc.) and to mineral products delivered to commerce (mineral waters, etc.).

2. Under the name of "patents of invention" are comprised the different kinds of industrial patents admitted by the legislations of the contracting States, such as patents of importation, patents of improvement, etc.

3. It is mentioned that the final stipulation of Article 2 of the Convention is in no way prejudicial to the legislation of each of the contracting States as regards the procedure practiced before the courts and the competency of those courts.

3a. The patentee in each country can only have his patent forfeited on account of its not having been worked after a minimum delay of three years, lasting from the application in the country in question, and in case the patentee does not justify the causes of his inaction.

4. The first paragraph of Article 6 is to be understood in the sensc that no trade-mark can be excluded from protection in any of the States of the Union by the fact alone that it does not comply from the point of view of the signs of which it is composed, with the conditions of the legislation of that State, provided it complies on that point with the legislation of the country of its origin and it has been duly registered in the latter country. Saving this exception, which only concerns the form of the mark and under reserve of the stipulations of the other articles of the Convention, the interior legislation of each of the States will be applied in each case.

In order to avoid all false interpretation, it is understood that the use of public armorial bearings and insignia may be considered as contrary to public order, in the sense of the final paragraph of Article 6.

5. The organization of the special service of industrial property, mentioned in Article 12, will comprise as far as possible the publication in each State of an official periodical paper.

6. The expenses of the International Office, instituted as per Article 13, will be borne mutually by the contracting States. They are not, in any case, to exceed the sum of sixty thousand francs per year.