ART. 61. In each of the two preceding cases all persons are to be summoned in the action who have a legal interest in the exercise of the privilege and whose names appear in the registers of the central office.

ART. 62. Except in the case mentioned in paragraph 8 of Article 57, the court, before pronouncing the nullity, must, on the demand of one of the parties, take the advice of three experts; and in case of appeal the revision of such an opinion must be ordered on the same hypothesis that one of the parties requests it.

In all cases, however, the tribunal or court of appeal may officially order an examination or the revision of an examination.

-ART. 63. The public minister shall transmit to the Minister of Agriculture, Industry, and Commerce, through the Minister of Justice, an extract on unstamped paper of judgments declaring nullity or pronouncing absolute annulment. The operative part of these judgments shall be entered in a special register and be published in the Official Gazette.

PART VI.

INFRINGEMENT OF PATENT RIGHTS AND ACTIONS DERIVED THEREFROM.

ART. 64. Whoever fraudulently and in contravention of a patent manufactures products, uses a machine or any other industrial means or expedients, or trades in, sells, exposes for sale, or imports into the State infringing articles commits an offense, punishable with a fine not exceeding 500 lire.

ART. 65. Both in the case in which a civil action is carried on conjointly with a penal action, and where it is carried on separately, the machines and other industrial means used in infringement of the patent, the infringing articles, and the instruments intended for their production shall be taken from the infringer and given over to the owner of the patent.

The same action shall be taken against dealers, traders, sellers, or importers of infringing articles.

ART. 66. The injured party shall, moreover, have the right to recover damages, and if the owner of the articles mentioned in the preceding article acted without fraud or deceit he shall only be subject to the loss of the articles mentioned to the profit of the injured party.

ART. 67. Civil actions shall be carried on in the form for summary proceedings.

Correctional actions against the offenses mentioned in Article 64 may only be instituted on the complaint of the injured party.

ART. 68. The president of the provincial tribunal may, on the demand of the owner of a patent, order the seizure or inventory of the articles supposed to be infringements, or used in contravention of the patent, provided they be not destined for mere personal use.

By the same order the president shall delegate an officer to execute it, and may nominate one or more experts for the description of the articles.

He, moreover, shall cause the plaintiff to give security before proceeding to seizure.

ART. 69. The plaintiff may, if authorized by the president of the tribunal, be present at the seizure or at the drawing up of the inventory; in all cases he may substitute an inventory for the seizure on condition that he expresses his wish to that effect, either in the official report for the seizure or in a separate document, notified through a public officer both to the party against whom he is proceeding and to the executive officer.

ART. 70. A copy of the order of the president, of the deed proving the deposit of the security, and of the official report of the seizure or inventory, shall be left with the holder of the articles seized or inventoried.

ART. 71. The seizure or inventory shall be null and void, unless, within eight days following, it be followed by judicial action, and the party against whom the proceeding for seizure or inventory was brought shall be entitled to damages.

LAW OF THE 12TH OF DECEMBER, 1901.

ARTICLE 1. The supplementary Act signed at Brussels on the 14th of December, 1900, by Italy and various other States modifying the Convention for the Protection of Industrial Property, signed at Paris on the 20th day of March, 1883, and the annexed Protocol agreed to on its signature, are approved.

The Government of the King is authorized to ratify the same in the manner and within the term prescribed by Article 3 of the said Act.

ART. 2. The supplementary Act signed at Brussels on the 14th of December, 1900, by Italy and various other States modifying the special convention (Arrangement) concerning the international registration of manufacturing and commercial marks signed at Madrid on the 14th of April, 1891, is approved and the annexed Protocol is suppressed.

The Government of the King is authorized to ratify the same in the manner and within the term prescribed by Article 3 of the said Act.

ITALY-WAR LEGISLATION.

PATENTS-WAR MEASURE-ROYAL DECREE OF SEPTEMBER 24, 1914,

No. 1034.

[Translation.]

Royal decree to be converted into a law concerning an extension of the terms established by the law of October 30, 1859, No. 3731, concerning patents. (Sept. 24, 1914, No. 1034.)

Vittorio Emanuale III, by the grace of God and the will of the Italian nation, King of Italy, in view of the law of October 30, 1859, No. 3731, concerning industrial patents, having considered the inconveniences brought about by the present international conditions, and with the intention of making possible to owners of industrial patents residing abroad the keeping valid of their certificates of patent, having heard the Council of Ministers, on the proposal of the Ministers of Agriculture, Industry, and Commerce, and of the Treasury, we have decreed and do decree:

ARTICLE 1. The terms for applying for the prolongation of industrial patents, whose duration expires September 30, 1914, belonging to persons residing abroad, and for the corresponding payment of taxes, are extended until December 31, 1914.

ART. 2. Certificates of industrial patents falling due in June and in force on September 30, 1914, that belong to persons resident abroad, shall not incur the annulment threatened in Article 58 of the law of October 30, 1859, No. 3731, provided that the conditions established by law for maintaining their validity are performed no later than December 31, 1914.

ART. 3. The terms for responding to notices of suspension and refusal of certificates of industrial patents applied for by persons resident abroad and notified on July 15 and December 15, 1914, are likewise extended until December 31, 1914.

The present decree shall be presented to Parliament in order to be converted into a law.

We order that the present decree, bearing the seal of the State, be inserted in the official minutes of the laws and decrees of the Kingdom of Italy, requiring those concerned to observe it and cause it to be observed.

Given at Rome, September 24, 1914.

(From 13 Bollettino della proprietà intellettuale, 205.)

93169-19- -23

PATENTS

- FOREIGNERS

WAR MEASURES MORATORIUM EXTENDED

TO JUNE 30, 1915-ROYAL DECREE OF JANUARY 3, 1915.

[Translation.]

Royal decree for the extension until June 30, 1915, of the terms relative to industrial property belonging to persons residing abroad. (Jan. 3, 1915, No. 3.)1

Vittorio Emanuale, by the grace of God and the will of the nation, King of Italy, in view of the law of October 30, 1859, No. 3731, concerning industrial patents; in view of the royal decree of September 24, 1914, No. 1034; the need being evident for prolonging the terms provided in said decree to render possible to owners of industrial patents residing abroad the preservation of their certificates of patent, for avoiding the difficulties brought about by present international conditions; the Council of Ministers being heard, at the instance of the Ministers of Agriculture, Industry, and Commerce, and of the Treasury, with the approval of the President of the Council of Ministers, the Minister of the Interior, we have decreed and do decree:

ARTICLE 1. All the terms extended up to December 31, 1914, by the royal decree of September 24, 1914, No. 1034, are furthermore extended to June 30, 1915.

ART. 2. The terms that expired prior to such date for the fulfilling of the conditions provided by law for prolonging the duration or for not incurring the nullification of patents in force on December 31, 1914, and belonging to persons residing abroad, are also extended.

ART. 3. The present decree shall be presented to Parliament to be converted into a law.

We order that the present decree, under seal of the State, be inserted in the official collection of laws and decrees of the Kingdom of Italy, commanding whoever be concerned to observe it and cause it to be observed.

Given at Rome on the 3d day of January, 1915.

PATENTS-EXPROPRIATION FOR MILITARY PURPOSES-DECREE OF JANUARY 28, 1915.

[Translation.]

Decree concerning the expropriation of patents of invention. Vittore Emanuale III, by the grace of God and the will of the Nation, King of Italy, in view of the law of October 30, 1859, No. 3731,

1 Published in the Gazzetta ufficial del Regno of Jan. 12, 1915.

concerning patents of invention; in view of the law of June 25, 1865, No. 2356, concerning expropriations for the sake of public utility; considering the necessity that there is for regulating the expropriation of patents in the interest of the defense of the State, the Council of Ministers being heard, on the proposition of the Ministers of Agriculture, of Industry and of Commerce, in accord with the President of the Council of Ministers, Minister of the Interior, and the Ministers of the Treasury, War, and Navy, we have decreed and do decree:

SINGLE ARTICLE.

The State may, in the interest of the national defense and solely for its military use, expropriate a patent in whole or in part, or make use of an invention without the consent of the patentee, by virtue of a royal decree issued at the suggestion of the competent minister, in accord with the Minister, of the Treasury, and after hearing by the Council of Ministers. The person deprived, or whose invention the State utilizes, may claim an indemnification that, in default of understanding between the parties, shall be fixed by one or three experts designated by the First President of the Court of Appeals of Rome. No recourse, either judicially or in an administrative way, may be made against said decree.

When it shall be a matter of an invention of interest for the defense of the State, the specification and the designs belonging thereto may be sent, even before the delivery of the patent, to the competent minister, who may require that publication or notice relating thereto be delayed for an undetermined period.

The present decree shall be presented to Parliament in order to be converted into a law.

We order that the present decree, under seal of the State, be inserted in the Official Collection of Laws and Decrees of the Kingdom of Italy, enjoining those responsible to observe it and cause it to be observed.

(From La Propriété Industrielle, March, 1915.)

INDUSTRIAL PROPERTY-WAR MEASURES-TEMPORARY DECREE OF JUNE

20, 1915.

[Translation.]

Temporary decree concerning the terms for payments relative to industrial property and for the acts necessary for maintaining