France-International Union.

Designs. Models. Proof of Priority. “Soleau Method." Transmission of Copies to International Bureau at Berne. Order of May 7, 1915.*

(Translation.)
ORDER

AUTHORIZING THE TRANSMISSION TO THE INTERNATIONAL BUREAU OF INDUSTRIAL PROPERTY OF SPECIAL ENVELOPES PROVIDED FOR BY THE DECREE OF MARCH 10, 1914, AND THE MINISTERIAL ORDER OF MARCH 13, 1914, FOR PROOF OF THE PRIORITY OF THE CREATION OF DESIGNS AND MODELS. (May 7, 1915.)

The Minister of Commerce, Industry, Posts and Telegraphs,

In view of Art. 4 of the Law of July 14, 1909,† concerning designs and mode's;

In view of Art. 5 of the Law of March 10, 1914,8 issued in Execution of Art. 4, above noted, of the Law of July 14, 1909;

In view of the Ministerial Order of March 13, 1914,8 fixing the conditions for the application of the above noted Decree of March 10, 1914, relative to the proof of the date of creation of designs and models;

In view of the opinion of the Technical Commission of the National Office of Industrial Property,

ORDERS:

Art. 1. The special double envelope in accordance with the model approved by Ministerial Order of March 13, 1914, and containing two identical copies of the designs or graphic representations whose priority of creation it is desired to prove, may, on application of those interested, after being registered and perforated at the National Office of Industrial Property, be transmitted in the care of the National Office to the International Bureau of the Union for the Protection of Industrial Property, established at Berne, which, after registration, separates the two compartments of the envelope, returns one of them to the sender, and keeps the other in its archives for a duration of five years.

The copy thus preserved may be transmitted to the courts in case of judicial inquiry, under the conditions provided in Art. 6 of the above noted Order of March 13, 1914.

Art. 2. The request for the purpose of the transmission of the envelope to the International Bureau should be drawn up by the interested party at the moment of the sending of the envelope to the National Office of Industrial Property. In this case, the total fee for registration and safe-keeping, having in view Arts. 4 and 6 of the Order of March 13, 1914, is fixed at three francs per envelope.

Paris, May 7, 1915.

(Signed) GASTON THOMPSON.

(From La Propriété Industrielle, Aug., 1915.)

See also International Union-France, Regulation of June 2, 1915, in this issue of the Review, p. 6.

For translation of this law see 8 P. & T. M. Rev., 2929. For translation of this Decree see 12 P. & T. M. Rev., 298. § For translation of this Order see 12 P. & T. M. Rev., 299.

International Union-France.

Designs. Models. Proofs of Priority. "Soleau Method." Regulation of

June 2, 1915.*

(Translation.)

REGULATION

CONCERNING THE REGISTRATION AND SAFE-KEEPING, AT THE INTERNATIONAL BUREAU, OF PERFORATED ENVELOPES FOR PROOF OF THE PRIORITY OF CREATION OF DESIGNS AND MODELS. (June 2, 1915.)

On application of the French Administration, and after having been authorized thereto by resolution of the Swiss Federal Council, of date Aug. 4, 1914, the International Bureau of Industrial Property has established a department for the registration and safe-keeping of perforated envelopes known as "envelopes Soleau," which are intended to establish the priority of creation of designs and models.

This service shall be carried on under the following conditions:

Art. 1. The National French Office of Industrial Property shall transmit to the International Bureau designs or models, whereof the owners desire to be able to establish the priority of creation, in two identical copies, contained, each, in one of the two compartments of a special double envelope containing the design or model, with a perforation indicating the serial number and the date of reception.

Art. 2. The International Bureau shall register the envelopes received in a register containing the following captions:

(a) Date of arrival;

(b) International serial number.

(c) Name and address of the sender;

(d) Date of arrival at the National Office (perforated);

(e) National serial number (perforated);

(f) Observations.

After having separated the two folds that constitute each envelope, the International Bureau shall indicate upon each of them the date of arrival and the serial number of the International registration--indications that shall be certified by the signature of the functionary charged with this service.

Art. 3. One of the two envelopes shall be returned forthwith to the sender; the other shall be kept in the archives of the International Bureau.

Art. 4. At the commencement of each month the National Office shall pay to the International Bureau the fee of one franc for each envelope sent during the course of the preceding month, by indicating the perforated numbers of the envelopes to which the payment refers, as well as the names of the senders.

Art. 5. The envelopes deposited in the archives of the International Bureau shall be kept there for five years. At the expiration of this term they shall be destroyed, unless the deposit be renewed previously for a new period of the same duration. The procedure for renewal shall be determined through agreement between the National Office and the International Bureau.

Art. 6. In case of litigation, or for other necessary reasons, the sender may

* See also France-International Union. Order of May 7, 1915, in this issue of the Review, p, 5.

make application to the International Bureau to send the envelope deposited by him, which he shall designate by its International number, to a judicial or administrative authority, only, which, after examination, shall return it to the International Bureau. The envelopes on their return shall be endorsed with a memorandum evidencing the transmission made outside, and redeposited in the archives until the expiration of the term of deposit.

Art. 7. The International Bureau shall extend the application of the service above indicated to all those of the States of the Union for Industrial Property that shall make application thereto for same.

Berne, June 2, 1915.

INTERNATIONAL BUREAU OF THE UNION FOR INDUSTRIAL PROPERTY :
The Director,

COMTESSE.

NOTE: On the subject of this new service it has been agreed as follows: The French Administration may at any time abandon the continuation of the service instituted by the present Regulation. On its part, the International Bureau may give up this service through a preliminary notice of six months to the French Administration, if inconveniences result there from, and, particularly, if the receipts from this service do not suffice to cover the expenses thereof. (From La Propriété Industrielle, Aug., 1915.)

Italy.

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 PATENTS IN FORCE, AS WELL AS OTHER TRANSITORY PROVISIONS FOR THE PRESERVATION OF INDUSTRIAL

PROPERTY. (June 20, 1915, No. 962.*)

TOMASO DI SAVOIA DUCA DI GENOVA, LIEUTENANT GENERAL OF HIS MAJESTY, VITTORIO EMANUELE III, BY THE GRACE OF GOD AND WILL OF THE NATION, KING OF ITALY,

By virtue of the authority delegated to Us;

In view of the law of May 22, 1905, No. 671, concerning the delegation of extraordinary powers to the Government in case of war and during war;

In view of the laws of Oct. 30, 1859, No. 3731, concerning industrial patents, Aug. 30, 1868, No. 4577, concerning distinctive marks and signs of manufacture and of commerce, and Aug. 30, 1868, No. 4578, concerning manufacturers' designs and models;

On the proposal of the Minister Secretary of State for Agriculture, Industry, and Commerce, in concert with the Minister of the Treasury;

WE HAVE DECREED AND DO DECREE:

Art. 1. Soldiers in active service, those employed with the army and the navy, and persons that find themselves by reason of service connected with the army and the navy, may defer the payment of fees for applications for patents of industrial inventions and for manufacturers' models and designs, and for the registry of marks of manufacture and commerce until the sixtieth day following that of the publication of peace. Applications presented by said persons, * Published in the Gazzetta Ufficiale, July 2, 1915, No 165.

when they are not accompanied by the receipt for the fee, shall be held in suspense until the term indicated.

Art. 2. The persons indicated in the preceding article may defer the payment of the taxes and the performance of the acts prescribed by law for the maintenance in force of industrial patents, and apply for the prolongation thereof until the last day of the quarter succeeding that wherein peace shall be published, if the terms for said acts or payments were not yet expired at the moment of the declaration of war. Native holders of certificates of patent that are prevented by circumstances due to the state of war from effecting the payment and from fulfilling the necessary procedure are entitled to the same advantages, within the terms of the prescribed law, in order to maintain in force and prolong their patents.

Art. 3. The provisions of the preceding article shall be applied also to foreign owners of industrial patents, subjects of States that guarantee equal advantages to Italian owners of patents. The existence of reciprocal treatment shall be acknowledged by decree of the Minister of Agriculture, Industry, and Commerce.

Art. 4. The publication of the list of patents for which the fee due was not paid in the required time, according to Art. 43 of the Regulation approved by Royal Decree, Oct. 2, 1913, No. 1237,* is suspended, to commence with that having to do with patents for which the last term of payment falls due the thirtieth of June, 1915, until that concerning payments effected at the end of the quarter following that wherein peace shall be published.

Certificates of prolongation applied for, following the expiry of the term of the patent of persons that show that they are in the circumstances provided by Arts. 2 and 3, shall be granted, if the said term had not expired at the moment of the declaration of war.

Art. 5. The grant of certificates of industrial patents, the registration of manufacturers' models and designs, the deposit of distinctive marks and signs of manufacture, and the registration of assignments of patents and of marks in favor of foreigners belonging to States that are found in state of war with Italy, are suspended until after the publication of peace.

Art. 6. The present decree shall be effective from its date.

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

Given at Rome on the twentieth day of June, 1915.

(Signed) TOMASO Di SAVOIA, SALANDRA-CAVASOLA-CARCANO.

(From 14 Bollettino della Proprietà Intellettuale, Fasc. 7-8.) *See 12 P. & T. M. Rev., 175.

Kedah.*

Patents. Law. Enactment No. 16 of 1332 (1915).

On the 27th day of Zulbijjah 1332 in the reign of His Highness Sir Abdul Hamid Halimshah, K.C.M.G., ibn Sultan Ahmad Tajudin Mukarramshah, re

*Kedah one of the British protected Malay States-lies on the western side of the Malay Peninsula, has a population of approximately a quarter of a million, and comprises 3,800 square miles. The capital is Alor Star. The revenues of the government for the year 1912 amounted to 2,045,322 (trade) dollars. The principal products are rice, rubber, cocoanut and tapioca.

siding at his capital of Alor Star in Kedah Darulaman, His Highness Tunku Ibrahim ibn Sultan Sir Abdul Hamid Halimshah being Regent; His Highness the Regent agreeing with the State Council of Kedah confirms this Enactment and affixes his Signature and Seal hereto, whereby the Enactment comes into force from the date hereof:

I. This Enactment may be cited as "The Inventions Enactment 1332."

2. Any person who has obtained a grant (or a renewal of a grant) of patent rights or exclusive privileges for the use of an invention in the Colony of the Straits Settlements or in the Federated Malay States may petition the President of the State Council for a grant of exclusive privileges for the use of such invention in the State of Kedah.

3. Such petition shall be in writing, and shall be accompanied by a duly certified copy of the grant of patent rights or exclusive privileges in the Colony of the Straits Settlements or in the Federated Malay States, as the case may be, and a duly certified copy of the complete specification of the invention.

4. The President of the State Council, if he is satisfied that the granting of exclusive privileges for the use of such invention in Kedah would not be prejudicial to the public interest, may cause the certified copy of the grant in the Colony or the Federated Malay States, as the case may be, to be registered in his office, and such registration shall have the effect of conferring upon the grantee, for the term of his grant, the same privileges in Kedah as shall have been conferred upon him by the grant in the Colony or the Federated Malay States.

5. (1) If the patent rights or exclusive privileges granted in the Colony or the Federated Malay States are at any time revoked, the privileges conferred on the grantee by registration under Section 4 hereof, shall ipso facto terminate on the date of such revocation.

(2) Except as in section 6 hereinafter provided, if the term of any grant of patent rights or exclusive privileges which has been registered under section 4 hereof is at any time after the date of such registration extended in the Colony or the Federated Malay States, as the case may be, the privileges conferred upon the grantee by such registration shall terminate on the date on which they would have terminated had the term not been so extended.

(3) Except as in section 7 hereinafter provided, if any grant of patent rights or exclusive privileges which has been registered under section 4 hereof is at any time after the date of such registration amended in the Colony or the Federated Malay States, as the case may be, the privileges conferred upon the grantee by such registration shall ipso facto terminate on the date when such amendment was allowed and recorded in the Colony or the Federated Malay States.

6 If the term of any grant of patent rights or exclusive privileges which has been registered under section 4 hereof is at any time after the date of such registration extended in the Colony or the Federated Malay States, as the case may be, and the grantee desires the extension to take effect in Kedah, he shall transmit to the President of the State Council a certificate of such extension together with a petition praying that such extension may take effect in Kedah. Upon receipt of such certificate and petition, the President may allow or refuse to allow the extension to take effect in Kedah, as he may deem proper.

7. Whenever an amendment relating to any invention as to which privileges have been obtained in Kedah by registration under section 4 hereof has been