FRANCE-WAR LEGISLATION.

PATENTS-APPLICATIONS-TAXES

WORKING-MORATORIUM

DECREE EFFECTIVE AUGUST 1, 1914.

Decree of Aug. 14, suspending from Aug. 1, 1914, to a date that shall be fixed by decree on the cessation of hostilities, in particular the legal delays for paying annuities, for the working of patents and for the payment of the fee which is required to be paid on filing an application for letters patent.]

The President of the Republic of France, on the report of the President of the Board of Trade, the Postmaster General, the Keeper of the Seal, Minister of Justice and of the Chancellor of the Exchequer, considering the law of August 5, 1914, and, particularly Article 2, which reads thus:

"During the continuance of the mobilization and until the cessation of hostilities, the Government is empowered to take, in view of the general interests, by decree in ministerial council, every necessary measure to facilitate the execution or suspend the effects of commercial or civil obligations, to suspend all prescriptions or limitations in civil, commercial, or administrative matters, all delays granted for challenging, notifying or executing the judicial decisions of the law or administrative courts;

"The suspension of the prescriptions or limitations may apply to * * * and generally speaking to any act, which, according to law, must be accomplished within a given time."

The Cabinet Council, having been heard, decrees:

ARTICLE 1. From August 1, 1914, inclusive, and until a date that shall be fixed by a decree on the cessation of hostilities, are suspended the legal delays in which the owners of letters patent must, on pain of forfeiting all their titles, pay the annual taxes on their patents.

The same suspension is applicable to the payment that has to be made at the time of any application for a patent or patent of addition.

ART. 2. Are also suspended during the same period the delays provided for by the acts referred to above, either for the working in France of the patented invention, or for the cessation of said working, the owner of the letters patent having, in neither case, to bring forward any justification to enjoy said suspension.

The foregoing stipulations are not applicable to the patentees who might have incurred, before August 1, 1914, the forfeiture provided for by the laws in force.

ART. 3. From August 1, inclusive, and until a date that shall be fixed conformably to Article 1 of the present decree, are suspended: (1) The delays granted to the owners of guarantee certificates issued on the occasion of exhibitions organized in France with the authorization of the administration or with its patronage, to claim

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the protection which their discoveries, drawings, designs, or trademarks are legally entitled to.

(2) The delay during which the applicant for a drawing or design is at liberty to demand the continuance of his application, either with publicity or secrecy.

ART. 4. The present decree is applicable to Algeria.

ART. 5. The present decree shall receive immediate execution in virtue of Article 2 of the decree of November 5, 1870.

ART. 6. The President of the Board of Trade, the Postmaster General, the Keeper of the Seal, Minister of Justice, and the Chancellor of the Exchequer are intrusted, respectively, with the execution of the present decree which shall be published in the Journal Officiel and inserted in the Bulletin des Lois (Official Law Reports). Paris, August 14, 1914.

TRADE WITH ALIEN ENEMY-PROHIBITED DECREE OF SEPT. 27, 1914.

[Translation.]

[Decree of Sept. 27, 1914, relative to the prohibition of commercial relations with Germany and Austria-Hungary.]

The President of the French Republic, on the report of the President of the Council, of the Ministers of Commerce, Industry, Posts and Telegraphs, Justice, the Interior, Foreign Affairs, Finances, and Colonies; in view of the law of August 5, 1914; the Council of Ministers agreed, decrees:

ARTICLE 1. On account of the state of war and in the interest of the national defense, all commerce with the subjects of the Empires of Germany and of Austria-Hungary or with persons residing therein is, and remains, prohibited.

Moreover, subjects of the said Empires are prohibited from engaging directly, or through an intermediate person, in any commerce on French territory or on territory of a French protectorate.

ART. 2. Any act or contract made either in French territory or in territory of a French protectorate by any person, or anywhere by French or French protégés, with subjects of the Empires of Germany and of Austria-Hungary or with persons residing therein, is null and void as contrary to public policy.

The nullity decreed in the preceding paragraph has as a time of beginning the date of August 4, for Germany, and that of August 13, 1914, for Austria-Hungary; it shall have effect during the whole duration of hostilities and up to a date that will later be fixed by decree.

ART. 3. During the same time, the execution to the profit of subjects of the German or Austro-Hungarian Empires, or of persons residing therein, of pecuniary or other obligations resulting from any act or contract done either in French territory or in the territory of a French protectorate by any person, or anywhere by French citizens or French protégés, prior to the dates fixed in paragraph 2 of Article 2, is prohibited and declared null as contrary to public policy. When the act or contract referred to in the preceding paragraph shall not have received at the date of the present decree any commencement of execution in the form of delivery of merchandise or of pecuniary payment, its annulment may be pronounced by ordinance issued on request by the President of the Civil Tribunal. French citizens, French protégés, and the natives of allied and neutral countries shall be the only ones permitted to present this request.

ART. 4. The dispositions of Articles 2 and 3 of the present decree . are applicable even in the case where the act or contract shall have been made by an intermediate person.

ART. 5. There shall be special decrees issued regarding patents of invention and trade-marks in which the subjects of the German and Austro-Hungarian Empires are interested and regarding the life and employment-accident insurance companies having their place of business in those two countries.

ART. 6. The disposition of the present decree shall be submitted to the ratification of the Chambers.

ART. 7. The President of the Council, the Ministers of Commerce, Industry, Posts and Telegraphs, Justice, Interior, Foreign Affairs, Finances, and Colonies, are charged, each in that that concerns him, with the execution of the present decree which shall be published in the Journal Officiel and inserted in the Bulletin des Lois. Done at Bordeaux, September 27, 1914.

INDUSTRIAL PROPERTY-FEES-DECREE OF SEPT. 27, 1914.

INTERPRETATION.

Regarding the Decree of September 27, 1914 (for translation see 13 P. & T. M. Rev., 36 Ed.) the following advices appear in 209 Official Gazette 1318:

PAYMENT OF FEES AND TAXES IN THE MATTER OF INDUSTRIAL PROPERTY.

The French Patent Office informs us that all payments of fees or taxes on patents are accepted in France whatever may be the nationality or domicile of the holder of the patent, and furthermore that it does not appear that the decree of September 27, 1914, could be interpreted as eventually prohibiting the payment in hostile countries of fees or taxes upon industrial property.

[Notification from French Government to La Propriété Industrielle published Nov. 30, 1914.]

The French Administration informs us that all payments of taxes on patents are accepted in France irrespective of the nationality or the domicile of the owner of the patent, and that furthermore it would not appear that the decree of September 27, 1914, is to be interpreted as forbidding the payment, if desired, in enemy countries, of taxes relating to industrial property.

INDUSTRIAL PROPERTY-WAR MEASURES-LAW-EFFECTIVE MAY 30,

1915.

ARTICLE 1. By reason of the state of war and in the interest of the national defense, the working in France of any patented invention or the use of any trade-mark by subjects or dependents of the German and Austro-Hungarian Empires, or by any other person for the account of the above mentioned subjects or dependents, shall be and is prohibited.

This prohibition becomes effective as of August 4 for Germany and August 13 for Austria; it shall be effective during the whole duration of hostilities and until a date that shall later be fixed by decree. ART. 2. The allowance of patents and grants of licenses, as well as assignments of trade-marks, regularly made by subjects or dependents of the German and Austro-Hungarian Empires, French protégés and dependents of the allied or neutral countries, shall be of full effect on condition that the assignments have acquired a certain date prior to the declaration of the state of war, or if it be duly proven that the grants of licenses and assignments of trade-marks have been actually effected before said declaration.

However, the execution, to the profit of subjects or dependents of the German and Austro-Hungarian Empires, of pecuniary obligations resulting from these assignments of patent, grants of license, or transfers of mark, is prohibited during the period noted in Article 1, and declared null, as contrary to public order.

ART. 3. If any of the patented inventions, whereof the working is prohibited under the terms of Article 1, presents a public interest or is recognized as useful for the national defense, its exploitation may be, totally or partially and for a fixed time, according to the conditions and forms prescribed in Article 4 following, either reserved to the State, or granted to one or several persons of French nationality or French protégés or subjects of the allied or neutral countries that shall be in position to carry on this exploitation.

ART. 4. The exploitation by the State of the patented invention is delegated to the competent public service by order agreed to between the Minister of Commerce, Industry, Posts and Telegraphs, the Minister of Finances, and the Minister interested.

The exploitation by individuals is granted by decree on the suggestion of the Minister of Commerce, Industry, Posts and Telegraphs, according to the clauses and conditions of the table of rules hereto annexed.

The decrees and orders can not be issued until after corresponding agreement by a commission composed as follows:

One Counselor of State;

Two representatives of the Ministry of Commerce, Industry, Posts and Telegraphs;

One representative of the Ministry of Justice;

One representative of the Ministry of War;

One representative of the Ministry of the Navy;

One representative of the Ministry of Foreign Affairs;

Four members chosen from among the members of the Consultation Committee of Arts and Manufactures, of the Technical Commission of the National Office of Industrial Property, of the Tribunal of Commerce of the Seine and of the Chamber of Commerce of Paris;

Four members representing the professional, patronal and labor syndicates.

The Director of the National Office of Industrial Property fulfills the functions of General Director, with a deciding voice.

Technical Directors may be added to the Commission by Ministerial order, with a consultative voice.

The transfer of the concession to a third party is void and of no effect, if it has not been authorized in the form above prescribed. ART. 5. The provisions of the decree of August 14, 1914, suspending from August 1 the terms in matters of patents of inventions and designs and models shall be of benefit to the subjects and dependents of foreign countries only so far as these countries have granted or shall grant, through reciprocity, equivalent advantages to the French and to French protégés.

ART. 6. The French or French protégés may, in an enemy country, either directly or by attorney, the same as the subjects or dependents of enemy countries in France, under condition of full reciprocity, fulfill all formalities and execute all obligations with the purpose of preserving or obtaining industrial property rights.

However, until it shall be otherwise ordered, the delivery of patents of invention and certificates of addition whereof the application shall have been effected in France by subjects or dependents of the German Empire, counting from August 4, 1914, or by subjects or dependents of the Austro-Hungarian Empire, counting from August 13, 1914, shall be suspended.

ART. 7. The terms of priority provided by Article 4, modified, of the Convention of the International Union of 1883 are suspended dat