ART. 2. Articles 2 to 6 of my decree of October 21, 1914, No. 76311, shall likewise find corresponding application in future. ART. 3. This decree becomes operative on the day of its publication. Commencing from this day this present decree replaces Article 1 of the decree of October 21, 1914 (see 13 P. & T. M. Rev., 41), and decree of December 31, 1914 (see 13 P. & T. M. Rev., 172). (From Oesterreichisches Patentblatt, July, 1915.) INDUSTRIAL PROPERTY-PROLONGATION OF CONVENTION TERMS WAR MEASURE-DECREE OF DECEMBER 1, 1915. [Translation.] Decree of the Royal Hungarian Ministry of Commerce of December 1, 1915, No. 81250-1915, relating to the prolongation of the terms fixed in Article 4 of the Paris Convention. By virtue of the authorization contained in section 16 of Article 63 of the law of 1912, regarding exceptional measures to be taken in the event of war, I decree, as implied by the decree of the Royal Hungarian Ministry, No. 6981-1914, as follows: SECTION 1. The terms of priority fixed in Article 4 of the Paris Convention of March 20, 1883, for the protection of industrial property, revised at Brussels December 14, 1900, and at Washington June 2, 1911, and having reference to patent, design, and trade-mark applications, in so far as these terms have not expired prior to June 26, 1914, are prolonged for three months, commencing from a day to be fixed by a later decree. This provision is applicable only in favor of citizens of other countries not belonging to the International Convention for the protection of industrial property if these countries prolong the priority terms in favor of Hungarian subjects. If, however, any of these countries do not grant this privilege to Hungarian subjects to the extent as mentioned in the first section, a proportionate restriction shall be applicable in respect of the citizens of the countries in question. A notice to be published in the official journal will determine to what an extent the terms of priority are prolonged in favor of citizens of other countries in accordance with the provisions of the second paragraph. SEC. 2. If the applicant has been prevented through war events from observing any of the priority terms for patent, design, and trade-mark applications, as fixed by Article 4 of the Paris Convention, revised at Brussels December 14, 1900, and at Washington June 2, 1911, he may overcome the consequences of his reglect by a plea in justification. This provision likewise applies to the terms that have already terminated prior to the coming into force of this decree. The plea in justification, if it be allowed, shall be to the effect that the application is to be considered as having been filed in due time within the priority term. The plea in justification shall be filed within three months from the time that the obstacle has ceased to exist, or, in the event that the obstacle ceased to exist prior to the day of the notification mentioned in the fifth subsection, it shall be filed within three months, reckoned from this day. However, this plea shall be filed under any circumstances not later than three months from the day to be fixed later on by decree. The application shall be filed simultaneously with the plea in justification. The application division of the Royal Hungarian Patent Office shall pass on the plea in respect to patent matters and the Royal Hungarian Minister on design and trade matters, to whom the petitions are to be submitted that have been filed with the Chamber of Commerce and Trade. These provisions are operative in favor of citizens of countries other than those adhering to the International Convention for the Protection of Industrial Property only in connection with such kind of applications, for which a similar favor is granted in those countries to Hungarian subjects according to a notification to be published in the Official Journal. SEC. 3. The applicant shall be considered as a citizen of that country wherein he has his domicile, if he does not prove citizenship that would secure for him another more favorable procudure. SEC. 4. The decree shall come into force on the day of its publication (Dec. 3, 1915). (From Blatt für Patent, Muster und Zeichenwesen, Jan. 26, 1916.) PATENTS-TAXES PROLONGATION OF TERM-WAR MEASURE-DECREE OF DECEMBER 23, 1915. (Translation.) Decree No. 87639-1915 of the Royal Hungarian Minister of Commerce of December 23, 1915, relating to the prolongation of terms for the payment of annual patent taxes. ARTICLE 1. The decree No. 54400-1915 of August, 1915 (14 P. & T. M. Rev., 67), communicated by circular letter of August 23, 1915, according to which the term for the payment of annual patent taxes and fines was prolonged to December 31, 1915, has been amended, so that the term of this moratorium is prolonged to June 30, 1916. The remaining provisions of the cited decree remain unaltered. ART. 2. The present decree becomes effective on the day of its publication (Dec. 28, 1915). [NOTE. This decree is applicable to citizens or subjects of the following States: Denmark, Germany, France, Great Britain, Italy, Norway, Austria, Sweden, Switzerland, Spain, and United States.] PATENTS APPLICATIONS-PUBLICATION-OPTIONAL POSTPONEMENTDECREE (AMENDATORY) OF APRIL 9, 1916. (Translation.) By virtue of the power conferred by Article 16 of Legislative Article 63 of 1912, concerning the exceptional measures to be taken in case of war, and in conformity with the provisions of the decree of the Royal Hungarian Ministry, I order as follows: Paragraph 3 of Article 34 of Legislative Article 38 of 1895 shall consist of the following provision: “ On petition of the applicant the publication of the application for patent may be delayed until a date that shall be fixed by the Ministry of Commerce after the conclusion of the war." The present decree shall become of effect immediately and abrogates decree No. 70364, of September 21, 1914. (From 15 Bollettino della Proprietà Intelletuale, Fasc. 15 and 16, p. 93.) PATENTS-TAXES PROLONGATION OF TERM-WAR MEASURE-DECREE [Translation.] Decree of the Royal Hungarian Minister of Commerce concerning the prolongation of the term for the payment of the taxes established by section 45 of legislative Article 37 of 1895 concerning patents of invention. By virtue of the power conferred by section 16 of legislative Article 43 of 1912, concerning exceptional measures to be taken in case of war, and agreeably to decree No. 6981-1914 M. E. of the Royal Hungarian Minister, I decree as follows: ARTICLE 1. The provision of my decree No. 87639 of December 23, 1915, by the terms of which the terms for the payment of patent taxes and fines were suspended until June 30, 1916, is amended in the sense that the duration of this suspension is prolonged until December 31, 1916. Otherwise my above-cited decree remains in force without modification. ART. 2. The present decree shall become effective from the date of its publication. Budapest, June 19, 1916. (Signed) JEAN HARKÁNYI, Royal Hungarian Minister of Commerce. (From 32 La Propriété Industrielle, 78, July, 1916.) [NOTE. This decree is applicable to citizens or subjects of the following countries: Denmark, Germany, France, Great Britain, Italy, Norway, Austria, Sweden, Switzerland, Spain, and United States.] INDUSTRIAL PROPERTY-PROTECTION-RESTRICTION OR ANNULMENT— "WAR MEASURE." Decree of the Royal Hungarian Ministry of August 15, 1916, No. 2706-1916, relating to reprisals in respect of the preventive measures taken in matters pertaining to the protection of industrial property by the individual alien countries. The Royal Hungarian Ministry, by virtue of the authorization received under the laws enacted for the taking of exceptional measures in the event of war, decrees as follows: ARTICLE 1. The Royal Hungarian Minister of Finance may upon application and in the public interest restrict and annul the rights of protection of patents and designs of subjects of France and Great Britain, but may only restrict the trade-mark rights. The Minister may in particular to these rights grant other rights of use subject to conditions stipulated in his decision. The decision of the Ministry rendered on the ground of the first paragraph becomes operative, provided that it does not contain in this respect a decision to the contrary, on the day of its decree, and retroactive power may be given thereto. The decision of the Ministry is likewise operative against the successors to the rights of those qualified (owners of patents, and those entitled to design and trademark rights), against whom it was rendered. The decision of the Ministry rendered on the ground of the first paragraph may, in so far it does not contain a contrary decision, be modified or revoked at any time. The transfer of the grant for the utilization conceded in accordance with the first paragraph requires, in order to be valid, the approval of the Royal Hungarian Minister of Finance, except in the case when the grant of use is transferred to the military or any other governmental administration (governmental undertakings included) or is transferred by the same to others. The Treasury of the State enforces by legal means the compliance with conditions, upon which the grants for the utilization that were conferred in accordance with the first paragraph are conditioned, against the party entitled to the use or his successor to the right. Sums of money that are to be paid, as implied by the decision of the Royal Hungarian Minister of Commerce, shall be paid into the Royal Hungarian States Treasury of the Patent Office. The Royal Hungarian Minister of Commerce, with the consent of the Royal Hungarian Minister of Finance, will make provisions regarding these sums of money. ART. 2. The Royal Hungarian Minister of Commerce may on application restrict or annul the patents of Russian subjects without regard to public interest. The Minister may concede other grants for utilization, subject to conditions stipulated in his decision, particularly so in respect of these rights. The provisions of the second paragraph of Article 1 are to be applied accordingly. ART. 3. An application filed on the ground of Articles 1 or 2 shall be rejected when it is proved that: 1. A person having as a joint owner an interest in the right is not a subject of one of the belligerent countries cited in Articles 1 and 2, or 2. That regarding the rights in question the exclusive right of utilization belongs to a person not a subject of one of the cited belligerent countries, and the legal conditions, be it in the case of No. 1 or No. 2, have obtained prior to the day on which the state of war with the State in question occurred (Art. 8), or when the right of use was acquired subsequently to the entry of the state of war up to the time of the enforcement of this decree, provided the legal procedure taken in respect thereof was not a fraudulent procedure. Application for the right of use coming under the provisions of No. 2, which is not recorded in the register, may be filed with the Royal Hungarian Minister of Commerce for the purpose that said right may be considered in the sense of No. 2. ART. 4. The Royal Hungarian Minister of Commerce may, upon application and in the public interest, decree the annulment of the rights of protection of patents existing in favor of subjects of France, Great Britain, and Russia. The decision of the Ministry rendered on the ground of the first paragraph becomes operative, provided that the decision in question does not contain a contrary decision, on the day it is rendered and may be given retroactive force. ART. 5. The procedure in dealing with applications mentioned in paragraph 1 of Article 1, paragraph 1 of Article 2, and paragraph 1 of Article 4 is as follows: 1. The application shall be filed in writing with the Royal Hungarian Minister of Commerce. To the application and its accompanying instruments there shall be attached so many copies that each interested party may be provided with a copy. |