1. The patentee who has not paid his annuity before the beginning of each year of the term of his patent.

The interested party shall always have an extension of three months, at most, in which to pay his annuity; but there must be paid, in addition, a supplementary tax of five francs if he make the payment in the first month, of ten francs if he make the payment in the second month, and of fifteen francs if he make the payment in the third month.

This supplementary tax must be paid at the same time as the annuity in arrear.

[NOTE. The words in italic were inserted by the Law of the 7th of April, 1902.]

2. The patentee who has not worked his discovery or invention in France within the term of two years from the date of the signature of his patent, or who has ceased to work it during two consecutive years, unless, in the one case or the other, he justify himself as to the causes of his inaction.

3. The patentee who has introduced into France articles manufactured abroad and similar to those which are protected by his patent. Nevertheless the Minister of Agriculture, Commerce, and Public Works may authorize the introduction:

1. Of models of machines;

2. Of articles made abroad intended for public exhibitions or for trials made with the consent of the Government.

[NOTE. The words in italic were substituted by the Law of the 31st of May, 1856.]

ART. 33. Whoever, in sign-boards, advertisements, prospectuses, placards, marks, or stamps, calls himself patentee, without possessing a patent granted conformably to law, or after the expiration of a prior patent; or who, being a patentee, mentions his title of patentee, or his patent, without adding the words, "sans garantie du gouvernement," shall be subject to a fine of from fifty to one thousand francs. In the event of a repetition of the offense the fine may be doubled.

SECTION II.-Actions for annulment and forfeiture.

ART. 34. An action for annulment or an action for forfeiture may be brought by all persons interested therein.

These actions, as well as all disputes relating to the ownership of patents, shall be brought before the civil tribunals of first instance.

ART. 35. If the claim be brought at the same time against the owner of the patent and one or several partial licenses, it shall be brought before the tribunal of the domicile of the owner of the patent.

ART. 36. The case shall be examined and decided in the form prescribed for summary matters by Article 405 and following of the Code of Civil Procedure. It shall be communicated to the Procureur du Roi.

ART. 37. In every suit tending to the annulment or forfeiture of a patent, the Public Ministry may intervene and take steps to have the absolute nullity or forfeiture of the patent pronounced.

The Ministry may also proceed directly, by original action, to have the annulment pronounced in the cases provided for in Nos. 2, 4, and 5 of Article 30.

ART. 38. In cases coming under Article 37, all persons entitled under the patent whose titles have been registered at the Ministry of Agriculture and Commerce (see Art. 9), conformably to Article 21, must be parties to the action.

ART. 39. When the absolute annulment or forfeiture of a patenthas been pronounced by a finally effective judgment or decree, notice shall be given to the Ministry of Agriculture and Commerce, and the annulment or forfeiture shall be published in the form prescribed by Article 14 for announcing patents.

CHAPTER V.

INFRINGEMENTS, PROSECUTIONS, AND PENALTIES.

ART. 40. Every interference with the rights of a patentee, either by the manufacture of the products or by using the means forming the subject of his patent, constitutes the offense of infringement.

That offense shall be punished by a fine of from one hundred to two thousand francs.

ART. 41. Those who have knowingly received, sold, or exposed for sale, or introduced into French territory one or more infringing articles, shall be punished with the same penalties as infringers. ART. 42. The penalties established by the present law shall not be cumulative.

The highest penalty shall be inflicted as covering all offenses prior to the commencement of the prosecution.

ART. 43. In case of a repetition of the offense, there shall be inflicted, in addition to the fine prescribed by Articles 40 and 41, imprisonment of from one to six months.

It shall be considered a repetition of the offense if the accused have during the five previous years undergone a first punishment for one of the offenses coming under the present law.

Imprisonment of from one to six months may also be inflicted if the infringer be a workman or employee who has worked in the

factory or establishment of the patentee or if the infringer, having associated himself with a workman or an employee of the patentee, have become acquainted through the latter with the processes described in the patent.

In the latter case the workman or employee may be prosecuted as an accomplice.

ART. 44. Article 463 of the Penal Code may be applied to offenses provided for by the preceding provisions.

ART. 45. Penal proceedings for imposing the above penalties can not be brought by the Public Ministry except on the complaint of the injured party.

ART. 46. The Criminal Court before which an action for the offense of infringement is brought shall decide on the objections raised by the accused, whether as to the nullity or forfeiture of the patent, or as to questions relating to the ownership of the said patent.

ART. 47. The proprietors of the patent may, by virtue of an order of the president of the tribunal of first instance, proceed, by the officers of the Court, to have inventoried, with or without seizure, the articles said to be infringements.

This order shall be issued on a simple request and on the production of the patent; it shall contain, if necessary, the nomination of an expert to assist the officer in his inventory.

When a seizure is to be made, the said order may require security from the applicant, which shall be given before the matter is proceeded with.

Security shall always be required from a foreign patentee who demands a seizure.

A copy of the order and of the deed certifying that the security, if required, has been deposited, shall be left with the holder of the articles inventoried or seized, under pain of annulment of the proceedings and of damages against the officer.

ART. 48. In default of the applicant suing, either by civil or criminal proceedings, within eight days, besides one day for every three myriamètres' distance between the place where the articles seized or inventoried were found and the residence of the infringer, concealer, importer, or seller, the seizure or inventory shall be legally void, without prejudice to the damages which may, if they have risen, be claimed in the form prescribed by Article 36.

ART. 49. The confiscation of the articles held to be infringements, and, if the case arise, of the instruments or tools specially designed for their manufacture, shall be pronounced against the maker, concealer, importer, or seller even in case of an acquittal.

The confiscated articles shall be delivered to the owner of the patent, without prejudice to his claiming further damages, and to the placarding of the judgment according to circumstances.

CHAPTER VI.

SPECIAL AND TRANSITORY PROVISIONS.

ART. 50. Royal Ordinances for the regulation of the public administration shall prescribe the necessary provisions for the execution of the present law, which shall not come into force until three months after its promulgation.

ART. 51. Ordinances delivered in the same form may regulate the application of the present law to the Colonies, with the modifications that may be judged necessary.

ART. 52. The following are to be repealed from the day when the present law comes into execution: The laws of the 7th January and 25th May, 1791; of the 20th September, 1792; the decree of the 17th Vendémiaire, of the year VII; the decree of the 5th Vendémiaire, of the year IX; the decrees of the 25th November, 1806, and 25th January, 1807; and all provisions prior to the present law, relating to patents of invention, importation, and improvement.

*

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Law of the 15th of April, 1902.

[Law approving the additional Act, signed at Brussels, on the 14th of December, 1900, modifying the Convention of the 20th of March, 1883, relative to the international protection of industrial property, and also the protocol annexed to the Convention.]

The President of the Republic is authorized to ratify and, if necessary, to issue a decree giving force to the additional Act signed at Brussels on the 14th of December, 1900, modifying the Convention of the 20th of March, 1883, relative to the international protection of industrial property and also the protocol annexed to the Convention. An authentic copy of the additional Act of the 14th of December, 1900, shall be annexed to this law.

[Law of the 11th of April, 1908, relating to the temporary protection of industrial property in official or officially recognized international Exhibitions abroad and in Exhibitions organized in France or the Colonies with the authorization or under the patronage of the Government.]

ARTICLE I. Temporary protection is granted to patentable inventions to industrial designs and models, and to manufacturing or commercial marks for articles which may be duly admitted to official or officially recognized International Exhibitions abroad.

This protection, the term of which is fixed at twelve months dating from the official opening of the Exhibition, shall have the effect of preserving to exhibitors, or to those entitled through them, under the conditions set out below, the right of claiming during such term the protection to which their discoveries, designs, models, or marks shall be legally entitled.

The term of this temporary protection shall not be prolonged, either by the periods of priority granted by Article 4 of the International Convention of the 20th of March, 1883, modified by the additional Act of Brussels of the 14th of December, 1900, or by those fixed by Article 11 of the law of the 5th of July, 1844, modified by that of the 7th of April, 1902.

ART. II. Exhibitors who may wish to avail themselves of the temporary protection shall lodge, through the authority appointed to officially represent France at the Exhibition, a certificate proving that the article for which protection is sought is duly exhibited.

An application for such certificate must be made at the office of the Exhibition and at the latest within the first three months of the official opening of the Exhibition. It shall be accompanied by an exact description of the article to be certified, and, if necessary, by drawings thereof.

The applications shall be inscribed in a special register, which shall be sent with the said application and the accompanying documents to the Ministry of Commerce and Industry immediately after the official closing of the Exhibition. The applications shall be shown free of charge upon demand through the National Office of Industrial Property.

ART. III. The necessary rules for the application of this law shall be determined by a decree for each Exhibition fulfilling the conditions of Article I.

ART. IV. Similar protection is granted to patentable inventions, designs, and models, and also to manufacturing or commercial marks for articles which shall be duly admitted to Exhibitions organized in France or the Colonies with the authorization or under the patronage of the Government.

The rules necessary for the application of this article shall be determined by decree.

The law of the 23rd of May, 1868, is repealed.

FRANCE-TRADE-MARK LAW OF JUNE 23, 1857.

Title 1.-Right of property in trade-marks.

ARTICLE 1. The mark of trade or of commerce is discretionary. However, it may exceptionally be declared obligatory by decrees rendered in the form of regulations of public administration for products determined therein.

The following are to be considered as marks of trade and commerce: Names under a distinctive form, denominations, emblems, embossments, stamps, seals, vignettes, reliefs, letters, figures, enve;