which may call for a number of special rulings, I firmly believe that in general there should be no restrictions put on the worker respecting the patenting of anything he may develop, and that any feature of an investigation that can be patented should be patented, because if this is not done some unprincipled person may endeavor to take advantage of the opportunity to secure a patent of his own." INTERDICTION OF NON-AUTHORIZED USE OF ARMS, DECORATIONS, EMBLEMS, FLAGS, INSIGNIA, ETC. LA PROPRIETE INDUSTRIELLE, NOVEMBER 30, 1924. This article treats of national marks of the kind mentioned in the title and considers them from the international view-point, being chiefly concerned with what has been done in the way of interdicting the use of arms, insignia, emblems, etc. of other nations and what amendments might be made to the Convention for rendering this interdiction more complete and effectual from country to country. There is a very extended and abusive practice by which non-authorized persons make use of this type of arms, flags, etc. of other nations, and this should be repressed, for it constitutes one of the most dangerous forms of unfair competition, one most likely to deceive the public as to the origin of products or metchandise. A table is given and printed herewith indicating the countries which interdict use of these devices as trademarks; the countries forbidding commercial or industrial use, of these devices other than as trade-marks and the countries forbidding false mention of industrial recom penses. Several organizations interested in patent and trademark matters have offered remedies for this situation. The Economic Committee of the League of Nations desired "the interdiction of registration or use, without special authorization, of public emblems, stamps and analogous marks and signs or parts and imitations of the same as trade-marks. The French group of the International Association for the Protection of Industrial Property voted in May, 1922, for the following resolution: "The filing of a trademark can be refused or invalidated if the trade-mark which is the object of the filing is considered as contrary to public morals and order; the use of public arms, decorations, official signs and stamps of security adopted by a Unionist nation may be considered as contrary to public order." The German group of the same association, on May 11 and 12, 1923, while discussing revision of the Convention, expressed the wish to possess a collection of official stamps and similar signs as well as indications of their use. The International Committee of Industrial and Commercial Property of the International Chamber of Commerce in the course of the meeting at Paris, December 14 and 15, 1923, voted for the following resolution: "The Committee decides to express its approval of paragraph a of Art. 2 of the proposal of the League of Nations relative to the interdiction of unauthorized registration or use of public emblems, official stamps, etc. as trademarks, or their counterfeiting. The committee requests that the French text be amended so as to emphasize that it is intended to interdict inside the country the unauthcrized use of public emblems of other countries as trademarks." This is one of the important problems which will con front the coming Hague conference. The solution according to this article would be to replace the Protocol of Cloture ad Art. 6 by a disposition amplifying No. 3 of Art. 6 of the text of the Convention (trade-mark) and by a new Art. 10bis which would be more explicit than the present text in regard to unfair competition. CLASSIFICATION OF LEGISLATION OF THE UNIONIST COUNTRIES RELATING то THE REPRESSION OF Interdiction of the use of arms, em- # #3, 4, 24 and 25 of the law of Art. 80 of the ruling of Dec. 19, Arts. 22, 23 and 43 of the law of Art. 5 of the Spanish decree regulat- #13 on the law of July 14, 1921 Art. 1 of the law of Jan. 12, 1915 Art. 6 of the law of May 16, 1907 on 8). Art. 43 of said law of Jan. Arts. 22 and 23 of said law 14-27, 1904. of Jan. 14-27, 1904. CLASSIFICATION OF LEGISLATION OF THE UNIONIST COUNTRIES RELATING TO THE REPRESSION OF #4 of May 12, 1894 on trade-marks Interdiction of commercial Arts. 1 to 3 of the law regu- #360 et al. 7 of the Pena! Interdiction of false mention of industrial recompenses #4 of said law of Jan. 3, 1921. Art. 1 of the law concerning # # 3 and 4 of the law of CLASSIFICATION OF LEGISLATION OF THE UNIONIST COUNTRIES RELATING ΤΟ THE REPRESSION OF NON-AUTHORIZED USE OF ARMS, DECORATIONS, EMBLEMS, ETC. Interdiction of commercial or industrial use of arms, emblems, etc., other than as elements of marks. Interdiction of false mention of industrial recompenses Art. 68 of said law of Aug. Section 1 of the law con11, 1905. cerning medals obtained at expostions (26-27 Vict. C. 119, 1863). (Rec. gen. I, p. 151). # # 24 and 25 of said law Decree of the Minister of of Feb. 4, 1890. Art. 5 and 12 of said law of Aug. 30, 1868. Commerce concerning industrial recompenses and medals, June 16, 1893. (Rec. gen. IV, p. 358). Art. 2 of said law of April 29, 1921. |