For these same reasons, it is incumbent on all those interested to cease validifying, and, particularly, working in enemy or neutral countries their inventions protected by patents, when they are of military and economic importance whereof mention is above made. Persons that have intention to file patent applications in enemy or neutral countries, or who are interested in the validation, and, particularly, in the working of inventions patented in these States, shall be able to inquire whether the invention has the character above indicated of the Committee called: "Prüfungskommission für den Auslandschriftenverkehr in Sachen des Gewerblichen Rechtsschutzes " (k. u. k. Technisches Militär-Komitee, Wien VI, Getreidmarkt 9). Those interested have thus the opportunity to be instructed very clearly as to bearing of their acts. (From 32 La Propriété Industrielle, 53.) INDUSTRIAL PROPERTY-ALIEN ENEMIES" WAR MEASURES "--DECREE No. 258, OF AUGUST 16, 1916. [Translation.] [Decree of the Ministry in Plenary Council concerning reprisal measures in the domain of industrial property (No. 258, of Aug. 16, 1916).] By virtue of Article 31 of the Patent Law of January 11, 1897 (Reichsgesetzblatt, No. 30), and of Article 1 of the Imperial Decree of October 16, 1914 (Reichsgesetzblatt, No. 289), concerning measures for reprisal in legal and economic matters affected by the present state of war, it is decreed, by virtue of the right of reprisal, as follows: ARTICLE 1. (1) The Minister of Public Works may order, on petition, in the public interest, the restriction and suppression of patents and of rights in matters of designs and trade-marks belonging to subjects of France and Great Britain. He may, in particular, grant to third parties rights to the enjoyment of these rights. (2) The decision may be modified or revoked at any time. It becomes effective, if another date is not fixed, the day on which it has been rendered. A retroactive effect may be given thereto. It shall be effective likewise as regards the successor to the right of the party entitled (the owner of the patent, or those entitled to the design, or trade-mark) against whom it has been rendered. (3) The transfer to third parties of the right of use granted is valid only with the consent of the Minister of Public Works. This assent is not necessary when the right of use is transferred to the Military Administration or to the State Government or by this latter to others. (4) Claims resulting from the grant of rights of use against persons in whose favor the decision has been made shall be legally enforced by the Administration of the State. (5) Sums of money that are to be paid in accordance with the decision shall be paid into the treasury of the Patent Office. The Minister of Public Works, with the consent of the Minister of Finance, shall dispose of these payments by decree. ART. 2. (1) The Minister of Public Works may order, on petition, the restriction and annulment of patents belonging to subjects of Russia. He may, in particular, grant to third parties, under conditions to be fixed by him, rights for the utilization of these privileges. (2) The provisions of Article 1, paragraphs 2 and 5, are applicable. ART. 3. (1) A petition based on Articles 1 and 2 shall be rejected when it is proven: 1. That a person not a subject of one of the enemy States named in Articles 1 and 2 is joint owner of the right, or 2. That there exists in this privilege a right of use granted—to the exclusion of other parties entitled to the use-to a person that does not belong to any of these countries, and that this legal situation (pars. 1 and 2) became effective before the date on which a state of war with the country in question commenced. (See Art. 8.) (2) The existence of a right of utilization may be announced to the Ministry of Public Works, to be taken into consideration in the event of a decision to be rendered in accordance with Articles 1 and 2. ART. 4. (1) The Minister of Public Works may, on petition, for the public interest, order the suppression of the rights of use that exist in favor of subjects of France, Great Britain, and Russia as to patents. (2) The decision becomes effective, if another date has not been fixed, the day on which it has been rendered. A retroactive effect may be given thereto. ART. 5. For the procedure relative to petitions based on Articles 1, 2, and 4 the following is provided: 1. The petition must be presented in writing to the Minister of Public Works. 2. The petition is subject, if it is not presented by the Military Administration or by the State, to a tax of fifty crowns for each right against which it is directed. The fee must be paid into the Treasury of the Patent Office. 3. If the Minister of Public Works does not reject the petition, without the introduction of procedure, a copy of the petition and of its accompanying papers shall be sent to the party interested, for the production of his response within the term that shall be fixed therefor. The petitioner shall furnish the requisite number of copies of the petition and of the accompanying papers. If the party interested has no place of residence in the country, or no representative of his is known to be domiciled in the country, decision may be given on the petition without the interested party having been heard. 4. For probatory procedure, the provisions that regulate probatory procedure in actions for the revocation of patents shall be operative. The fulfillment of probatory procedure may be intrusted in whole or in part to the Patent Office. In this case, the President of the Patent Office shall designate a member of this office who shall conduct the procedure. 5. The Juration for official terms shall be fixed after due consideration. 6. The decree of the Ministry in Plenary Council of September 15, 1914 (Reichsgesetzblatt, No. 245), is not applicable. 7. When notification is to be given to a person that does not reside within the country, or whose address is unknown, the publication in the Oesterreichisches Patentblatt of the essential contents of the notification to be made may be ordered. This publication shall have the same effects as the notification. 8. The procedure relative to an application for the suppression of a right may be continued officially after the withdrawal of the application. 9. Nothing shall be allowed to those interested for their expenses in the action and for representation. 10. The petition and the final decision that shall be given thereto, as well as the transfer of use granted, shall be recorded in the register (of patents, designs, or trade-marks), and published in Oesterreichisches Patentblatt, and, in addition, in Zentralmarken-Anzieger, if it be a matter of trade-mark rights. ART. 6. (1) The grant of patents to subjects of France, Great Britain, Italy, and Russia is postponed. Patent applications from subjects of these States shall be received. (2) The President of the Patent Office may decide whether, and to what extent, independently of the provisions of the first paragraph, the procedure relative to patent applications emanating from subjects of the countries mentioned in the first paragraph, and relative to other matters pending before the Patent Office and in which subjects of these countries are interested, shall be interrupted· (3) The registration of designs and trade-marks for subjects of France, Great Britain, Italy, and Russia remains suspended. Applications for the registration of designs and trade-marks shall be received from subjects of these States. (4) These provisions are not applicable to the deposit of applications for patents, designs, and trade-marks, in which persons that do not belong to any of the countries designated in above paragraphs 1 and 3 are interested as joint applicants, if this legal situation occurred prior to the date whereon the state of war with the country in question took place. (See Art. 8.) ART. 7. (1) The provisions of the present decree shall apply also to the rights and applications that have been transferred by subjects of the enemy countries in question after the date on which the state of war with the country in question commenced (Art. 8) to subjects of other States or to natives of this country. (2) The enforcement of the provisions of the present decree shall not be prevented by the fact that, in order not to disclose the nationality of a subject of an enemy country, the name of a subject of another State or a native of this country is substituted. ART. 8. The day on which the war broke out is reckoned to be, as to Russia, August 5, 1914, France and Great Britain, August 13, 1914, and as to Italy, May 24, 1915. ART. 9. The subjects of the enemy countries named in the present decree include the subjects of their colonies and possessions. ART. 10. (1) If another nationality is not proven, a person is considered to be a subject of the State, colony, or possession in whose domain he has domicile. (2) Legal persons and corporations are included among the subjects of the State colony, and possession in whose territory they are domiciled. (3) In so far as it is a question of the rights designated in Articles 1, 2, and 4, active establishments or branch establishments of commercial undertakings, coming within the scope of the provisions of the present decree, that are directed or supervised from those States, or from their colonies and possessions, or whose profits are to be remitted there in whole or in part, or whose capital belongs in whole or in part to subjects of those States, their colonies, and possessions, whatever may be their domicile, are placed on a par with subjects of France, Great Britain, and Russia. ART. 11. The present decree shall become effective the day of its publication. The Minister of Public Works is authorized to abrogate it in whole or in part. (Signatures of Ministers in Plenary Council.) (From 32 La Propriété Industrielle, 102, of Sept. 30, 1916.) INDUSTRIAL PROPERTY-ALIEN ENEMIES "WAR MEASURES". [Translation.] [Circular concerning the provisions that authorize the notification to the Ministry of Public Works of the rights of use as to patents, designs, and trade-marks that belong to subjects of enemy countries.] In accordance with the decree of the Ministry in Plenary Council of August 16, 1916, No. 258, concerning measures for reprisal in the domain of industrial property, the Minister of Public Works may order on petition in the public interest the restriction and annulment of patents and of rights in matters of designs and trade-marks belonging to subjects of France and Great Britain. He may in addition, on petition, order the restriction and annulment of patents belonging to subjects of Russia. However, such a petition must be rejected when it is proven that there exists to this contested right a right of use granted-to the exclusion of other parties entitled to use to a person that does not belong to one of these countries, and that this legal situation took place prior to the date whereon the state of war with the country in question commenced. The existence of such right of utilization may be announced, for purposes of consideration, to the Ministry of Public Works, in order that a decision be rendered on the petition that will be presented. It will therefore be to the advantage of parties interested to announce the existence of such rights as soon as possible to the Ministry of Public Works, to the end that this latter be in position, when it shall issue its decree on the eventful petition for annulment or restriction of the private right with regard to which the right of use has been granted, to take into consideration this right of use, even when the Ministry would not obtain knowledge thereof through statements that the parties will make during the course of the procedure concerning the petition. This application should be made by means of a brief stamped one crown per sheet, and shall contain an exact indication of the patent, design, or trade-mark, in accordance with the number that it bears in the corresponding register (register of patents, designs, and trade-marks). It is not necessary to furnish other details concerning the right of use, nor produce documents, inasmuch as the proof of this right need be shown, not at the time of the application, but only in the procedure relative to the petition for suppression or restriction of the private right regarding which attempt is made to secure the right of use. For persons that are not domiciled in the country, it is recommended that they name, for this application, a special attorney resident in the country. (From 32 La Propriété Industrielle, 102, of Sept. 30, 1916.) |