in technical matters for at least one year, and have then been employed in connection with the legal protection of industrial property for at least two years.

Attendance at foreign universities and schools and practical working abroad may be held, by a decision of the examining committee (sec. 4), to be sufficient. The technical examination (par. 1) must, however, be passed in Germany.

SEC. 4. The possession of the requisite legal knowledge must be shown by passing an examination, to which only those who have proved their technical qualifications shall be admitted. The examination shall be both oral and written, and shall be mainly directed to ascertaining whether the applicant possesses the capacity of applying practically the regulations relating to the legal protection of industrial property.

The examination shall be carried out before a committee to which members of the Patent Office and patent agents shall be appointed by the Imperial Chancellor. In the event of the applicant not passing the examination he may enter once again after a period, of at least six months, to be determined by the examining committee.

Further particulars as to the composition and functions of the examining committee, the procedure in examinations, and the examination fees shall be decided by an order as to examinations of the Bundesrath.

SEC. 5. A patent agent must conduct his business in a conscientious manner, and show by his conduct in carrying on his business, as also outside the same, that he is worthy of the consideration or esteem which his profession requires. He shall give an assurance for the fulfillment of these obligations, to be confirmed by the shaking of hands. The regulation of section 2, No. 4, shall apply.

SEC. 6. The registration shall be canceled by the Patent Office1. On the application of the registered person.

2. On his death.

3. If he do not reside in Germany.

If in consequence of a legal enactment he be restricted in the disposal of his property.

SEC. 7. The registration shall also be canceled if facts that would have prevented the registration according to section 2, No. 4, be subsequently ascertained, or if the registered person contravene the obligations imposed on him under section 5.

In less serious cases of infraction of duty there may be substituted for cancellation of the registration a monetary fine up to 3,000 marks, with which may be combined a reprimand.

SEC. 8. The decisions under section 7 are given by a "Court of Honor."

SEC. 9. The institution of proceedings is determined on by th Imperial Chancellor. Should he consider a preliminary investiga tion necessary, he shall name the investigating officials.

The accused shall be heard on the points of accusation.

During the proceedings the hearing of witnesses and experts may at any time be ordered. The rules of criminal procedure in relatio to evidence and defense apply in this case. Patent agents may be heard for the defense.

a

SEC. 10. The proceedings are conducted and the decision given by "Court of Honor" composed of two members of the Patent Office one a legal and the other a technical member, and three patent agents The legal member of the Patent Office occupies the chair.

The accused shall have the indictment communicated to him in writing, and shall be requested to attend the hearing.

The rules of criminal procedure relatively to the exclusion and refusal of the legal functionaries are applicable.

The oral proceedings are not public, but the "Court of Honor may order them to be so; and the hearing must be public if the accused desire it, provided that the conditions of section 173 of the law relating to legal procedure do not apply.

SEC. 11. The decision, including the grounds, shall be in writing and shall be officially transmitted to the accused. If the decision go against him, he shall bear the actual cost of the investigation. SEC. 12. The accused may appeal against the decision.

The appeal must be left at the Patent Office within one month from the date on which the decision was transmitted to the accused.

The appeal is decided by "a High Court of Honor" consisting of three members of the Patent Office, of which the chairman and one other must be legal members, and four patent agents. The proceedings are governed by the rules of section 9, paragraph 2, and sections 10 and 11.

SEC. 13. If, before the decision is given, the accused apply to have his name struck off the register, the proceedings shall be stopped. The accused shall then pay the actual cost of the proceedings.

SEC. 14. The Imperial Chancellor shall nominate in advance each year members of the Patent Office to act under sections 10 and 11, and he shall also nominate twenty patent agents, from whom the required number for each court shall be determined by ballot at a public sitting of Appeal Section (I) of the Patent Office.

SEC. 15. The entries in and excisions from the register of the names of patent agents shall be made public.

SEC. 16. Patent agents may apply for the names of persons who are to permanently represent them in business before the Patent Office to be entered in a special column of the register. The prescriptions of sections 2 and 3 apply to such registrations. It is, however, suf

icient if the applicant have completed his twenty-first year, and, after passing the State or academical examinations in technical maters, have been practically engaged for at least one year in the province of the legal protection of industrial property. The prescriptions of sections 5, 13, also apply to such persons.

SEC. 17. The president of the Patent Office is empowered to exclude from representation persons who are acting professionally as representatives without being entered on the register. Solicitors are not included in this regulation.

SEC. 18. Patent agents shall not be excluded from the representation of other persons before the Patent Office on the ground of the rule in section 35, paragraph 3, of the Gewerbe Ordnung.

SEC. 19. Any person calling himself a "patent agent" or using any similar designation leading to the belief that he is registered as a patent agent, without being so registered, is subject to a penalty of 300 marks, or, if without means, to imprisonment.

SEC. 20. To those persons who, at the time of coming into force of this Act, are already practicing the representative business on their own account, section 17 shall only apply after the 1st of April, 1901. Those who before that date prove the fulfillment of the qualifications of section 3, and apply to be examined under section 4, may not be prevented from practicing as representatives up to the final decision as to their entry on the register, provided no case occur under section 2, paragraph 2.

Whoever at the time of the coming into force of this Act has professionally carried on agency business on his own account since the 1st of January, 1899, shall, on his application, be entered on the register of patent agents, even though he have not complied with the conditions under sections 3 and 4, provided his mode of conducting business and his behavior, both in carrying on his profession and outside the same, have not given rise to material objections.

Such application shall be made before the 1st of April, 1901, and shall be decided on by the examining committee. If the decision be adverse, the applicant may appeal. The appeal shall be lodged in writing at the Patent Office within one month after the applicant was notified of the decision. The appeal shall be heard and finally decided by the "High Court of Honor" (sec. 12, par. 3). The procedure is determined by the prescriptions of sections 9, 10, and 11. The accused may not be prevented from carrying on his agency business until the final decision has been given.

SEC. 21. Any person who has professionally carried on the agency business since the 1st of January, 1899, even though not on his own account, or who has been employed as a technical member of the Patent Office for at least two years, may on application obtain a certificate as to his qualification as a permanent representative of a

patent agent, even though he have not fulfilled the requirements of section 3, provided his manner of working and behavior have not given rise to material objection. The application and procedure are governed by the prescriptions of section 20, paragraph 3.

Whoever has obtained such certificate shall be entered in the special column of the register (sec. 16) on the application of a patent agent who has intrusted him with his permanent representation. On his own application he shall be admitted to the examination (sec. 4), and in the event of his passing he shall be entered on the register as a patent agent, provided no impediment have arisen under section 2, paragraph 2. The applicant may be excused such examination by a unanimous decision of the examination committee, if his possession of the necessary knowledge be proved by his previous business capacity. An application to this effect must be presented by the 1st of October, 1901, at latest.

SEC. 22. This law shall come into force on the 1st of October, 1900. So long as a sufficient number of patent agents has not been entered on the register, the Imperial Chancellor shall nominate in lieu thereof persons who have on their own account acted professionally as representatives of others in the matter of the legal protection of industrial property.

GERMANY-GERMAN COLONIES.

INDUSTRIAL PROPERTY-INTERNATIONAL CONVENTION MADE

EFFECTIVE.

[Translation.]

[Notice of July 21, 1914, relating to the Paris Convention for the protection of industrial property, revised at Brussels on December 14, 1900, and at Washington on June 2, 1911.]

In view of article 166 of the Paris Convention of March 20, 1883, for the protection of industrial property, revised at Brussels on December 14, 1900; and at Washington on June 2, 1911, a declaration in writing was handed to the Swiss Government to the effect that this Convention has become effective in the German protectorates simultaneously with the enforcement thereof in the German Empire.

Berlin, July 21, 1914.

By order of the Chancellor of the Empire:

(Signed)

ZIMMERMAN.

(From Blatt für Patent-, Muster- und Zeichenwesen.)

GERMANY.

[The act relating to the protection of Gebrauchsmuster. (Utility model patents.)]

We, William, by the grace of God, German Emperor, King of Prussia, etc., after receiving the assent of the Federal Council and of the Parliament of the Empire enact in the name of the Empire as follows:

SECTION 1. Models of implements or useful articles, or parts of the same are protected according to the tenor of this act as useful models, in so far as the same can be applied for the purposes of manufacture or utility in consequence of a new shape, a new arrangement, or a new device.

Models are not considered as new, in so far as, at the date of filing the same according to the provisions of this act, they have been already described in public prints or publicly used in this country (Germany).

SEC. 2. Models, for which protection as useful models is applied for, are to be notified in writing to the Patent Office. The application must state under what title the model is to be registered and what purpose of manufacture or utility the new feature or device is intended to serve. Each and every application must be accompanied by a copy or drawing of the model (in duplicate). In respect to the further requirements of the application the Patent Office will issue regulations.

A fee of 15 marks must be paid for each and every model filed at the time of the application.

SEC. 3. If the application answers to the requirements of section 2 the patent office decrees the registration in the records for useful models. The registration must include the name and residence of the applicant as well as the time of application. The registrations are to be published at definite dates in the Imperial Gazette. Changes of ownership will on application be noted on the register. The examination of the register, as well as of the applications by reason of which the registrations were made, is free to everybody.

SEC. 4. The registration of a useful model according to the tenor of section 1 gives the registered applicant the exclusive right of reproducing the model for trade purposes, of introducing on to the market, of displaying or using the implements and articles thus produced. Rights, based on a subsequent application, may not, in so far as they infringe rights based on a prior application, be carried