ART. V. The Ministry is authorized to pronounce effective in the countries under the Holy Hungarian Crown, dating from the 1st of January, 1909, the conventions agreed to in the documents set out under Article II of this law and to take the measures necessary for their execution. HUNGARY-WAR LEGISLATION. [DECREE OF 12TH AUGUST, 1914.] In virtue of section 16 of Section No. LXIII of 1912, concerning exceptional measures to be taken in case of war, the Hungarian Ministry decrees as follows: 1. There is granted for the payments of money debts due or becoming due up to September 30, inclusive, and resulting from a bill of exchange, commercial transaction, a check or a warrant given before the 1st August, 1914, or in general any transaction involving commercial rights, or any kind of private right being in existence before the 1st August, 1914, a moratorium delay of two months, the duration of this delay starts fram the date of default, and if this was before the 1st August, 1914, the delay will be counted from this latter date. SEC. 6. The moratorium delay granted under section 1 also extends to annual taxes for patents. SEC. 15. The present ordinance comes into force 15th August, 1914. HUNGARY. [ORDINANCE NO. 70364 OF 21 SEPTEMBER, 1914.] The third line of section 34 of Article XXXVIII of the law of 1895 is replaced by the following: At the request of the applicant the publication of the patent application may be withheld one year or more, counting from the decision ordering the publication. A postponement of three months can not be refused. The present decree comes into force immediately. PATENTS-TAXES-MORATORIUM-INSTRUCTIONS OF OCTOBER 14. 1914. [Translation.] [INSTRUCTIONS FURNISHED BY THE HUNGARIAN ADMINISTRATION OF DATE OCT. 14, 1914.] By ordinance of the Government (for notice of which see 12 P. & T. M. Rev., 356) there has been granted for the payment not only of taxes due on patents but also for those not yet due, an extension until November 30 next (1914-Ed.) and which, in all likelihood, will be prolonged in case of necessity. By reason of circumstances our office extends the greatest tolerance in whatever concerns applications for the extensions established by the regulations in the procedure for the delivery of patents, and, whenever the non-compliance with an extension shall be evidenced competently, its effects may be voided by means of a request indicating the excuses of the party interested. The Patent Office will not consider, during the course of the war, matters emanating from the countries of enemies. Therefore nonfulfillment of a delay in procedure is not contemplated. It will be treated probably, in this connection, according to the rules of reciprocity. (From La Propriété Industrielle, October, 1914.) [DECREE OF ROYAL HUNGARIAN MINISTRY NO. 8680, OF 30TH NOVEMBER, 1914.] 1. The moratorium delay granted by the ordinance of 30th September, 1914, No. 7205 of 1914, for accomplishing obligations of private character, is prolonged until 31st January, 1915, in so far as it concerns all money debts which the present ordinance does not exclude from the moratorium. SEC. 3. The moratorium term granted by section 1 applies equally to annual taxes for patents. SEC. 4. The present ordinance may be referred to as the fourth ordinance relative to moratorium, and comes into force December 1, 1914. PATENTS-TAXES PROLONGATION OF TERM. We note from a decree of the Royal Hungarian Ministry, dated November 30, 1914, that the moratorium decreed August 12, 1914 (for notice of which see 12 P. & T. M. Rev., 356), and extending to November 30 (for notice of which see 13 P. & T. M. Rev., 72), was again extended to January 31, 1915. Section 3 relates to the prolongation of the term for the payment of patent taxes to the above-stated term. (From Oesterreichisches Patentblatt, Dec. 15, 1914.) INDUSTRIAL PROPERTY-STAMP TAX-INCREASE POSSIBLE. We are indebted to Dr. S. Szilasi, of Budapest, for the information that commencing January 1, 1915, a new law pertaining to stamp taxes became operative, in accordance with which requests, docu ments, inclosures, etc., are subject to increased stamp duty. Inasmuch as this law does not contain any specific reference, whereby its provisions are also applicable to patent, design, and trade-mark matters, there prevails in the legal profession the view that, for the present at least, the former stamp duty is still in force in respect of industrial matters. PATENTS-PAYMENTS OF TAXES PROLONGATION OF TERM-DECREE OF JANUARY 10, 1915. [Translation.] Decree No. 87021 of 1914 of the Minister of Commerce relating to the prolongation of the terms for the payment of annual taxes as stipulated in section 45 of the patent law. By virtue of the authorization conferred upon me in accordance with section 16 of Article 63 of the law of 1912, relating to exceptional provisions in case of war, I decree, in accordance with the decree No. 6981 of 1914, of the Royal Hungarian Ministry, the following provisions: SECTION 1. The terms for patents of invention stipulated in section 45 of Article 37 of the law of 1895, relating to the payment of annual taxes are prolonged in such a manner that for the period commencing August 1, 1914, to April 30, 1915, the course of the terms fixed for the payment of annual taxes and fines is suspended. Therefore, the annual tax for those patents, the annual tax for which was not debited as yet on August 1, 1914, may still be paid without fine after April 30, 1915, within as many days as there still remain of the 30 days stipulated for the payment without fine, after deducting the days expired prior to August 1, 1914, and within an additional 30 days, but if so, only with a fine. On the other hand, the annual tax for those patents, the annual tax for which has been already debited prior to August 1, 1914, with a fine, may be only paid with a fine, namely, within as many days reckoned from May 1, 1915, as there still remain unexpired of the 30 days stipulated for the payment with a fine, after deducting the days expired prior to August 1, 1914. SEC. 2. The acts of grace granted in the present decree are applicable to foreigners only if the State of the foreigner in question grants similar privileges to Hungarian subjects, and when this fact is published in the official journal. SEC. 3. This decree becomes operative on the day of its publication. Budapest, January 10, 1915. (Signed) BARON JANOS HARKANY, Royal Hungarian Minister of Commerce. TRADE-MARKS RENEWALS-EXCEPTIONAL RULES IN FORCE DURING THE WAR-DECREE OF DECEMBER 31, 1914. [Translation.] Decree of the Royal Hungarian Minister of Commerce of December 31, 1914, relating to the prolongation of the terms stipulated in Article 2 of the law of 1890, and Article 61 of 1895, and pertaining to the protection of trade-marks. On the ground of the authorization contained in secton 16 of Article 3 of the law of 1912, providing for the issue of exceptional rules in case of war, the following is decreed: SECTION 1. The term extended to February 1, 1915 (for text of which see 13 P. & T. M. Rev., 41), for the renewal of marks,. the term of protection for which in accordance with the decree of October 21, 1914, expires during the period July 26, 1914, to December 31, 1914, is prolonged to August 1, 1915. SEC. 2. A term expiring up to August 1, 1915, is allowed for the renewal of marks, the protection for which expires during the period January 1, 1915, to June 30, 1915. SEC. 3. Sections 2 to 6 of the decree of October 21, 1914, No. 76311 shall likewise be made correspondingly applicable until further notice. SEC. 4. This decree becomes at once operative. TRADE-MARKS-RENEWALS-EXCEPTIONAL RULES IN FORCE DURING WAR. We are advised by one of our Hungarian correspondents that a decree was published on October 24, 1914, the essential provisions of which are given below: A term extending to February 1, 1915, is granted for the renewal of trade-marks, the term of protection of which expires within the period commencing July 26, 1914, to December 31, 1914. The new ten-year term of protection of a mark renewed on the ground of the above provision commences from the day on which the mark should have been renewed according to the provisions of the trade-mark law. When a mark to which the above-mentioned term is applicable has been annulled, the annulment shall be made retroactive provided that application for the renewal of the mark is made before February 1, 1915. The term of two years provided for in the law for the protection of trade-marks for the filing of motions for annulment is abrogated for such a length of time as a state of war exists. The provisions of this decree are applicable only to countries granting reciprocity, which fact will be published in the Official Journal. PATENTS-DESIGNS-TRADE-MARKS-FOREIGN-PROCEDURE-WAR MEASURES ORDINANCE No. 81586-1914 OF JANUARY 13, 1915. [Translation.] Ordinance of the Ministry of Commerce concerning the application of the exceptional measures established by the ordinance No. 91461914 for the procedure to be followed with regard to subjects of foreign countries in contested and uncontested matters relating to patents, trade-marks, and designs. (No. 81586-1914, of Jan. 13, 1915.) By virtue of the power vested in me by section 16 of Article LXIII of the law of 1912 concerning the exceptional measures applicable in case of war, I decree as follows: SECTION 1. The provisions of the ordinance No. 9146-1914 concerning the exceptional measures applicable to civil procedures in contested and uncontested cases, which measures have been rendered necessary by reason of the war, shall be applicable also to procedures in the matter of patents, trade-marks, and designs. Said provisions shall be applicable to subjects of foreign countries only when the country of origin of the foreigner in question accords Hungarian subjects the same privileges and if such fact is announced by a notice published in the Budapesti Közlönv. SEC. 2. This ordinance shall go into force immediately. (From Oesterreichisches Patentblatt, in 213 O. G., 363.) TRADE-MARKS-RENEWALS-PROLONGATION OF TERMS-WAR MEASURES. [Translation.] Decree of the Royal Hungarian Minister of Commerce of June 28, 1915, in the matter relating to the prolongation of terms fixed in Article 2 of the law of 1890 and 41 of the law of 1895 for the protection of trade-marks. By virtue of the authorization, obtained on the ground section 16 of Law Article 63 of the year 1912, to decree exceptional measures in the event of war, I decree, as implied by the decree issued by the Royal Hungarian Ministry No. 6981-1914, as follows: ARTICLE 1. For the renewal of marks that should have been renewed after July 26, 1914, or that should have been renewed in order to maintain protection, I grant a prolongation up to three months reckoned from the day to be fixed by a later decree. |