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seizure can take place. Security shall always be required of a foreign patentee, who may require a seizure. A copy of the inventory, or the document describing the articles which are seized, as well as of the order, and the document proving the deposit of the security, shall be left with the defendant, upon pain of an action
for damages against the officer. Plaintiff must ART. 48.-In default of the plaintiff proceeding by civil or other proceed with action within eight days (besides allowing a day for three myriain eight days with the ac- metres" oL distance bet
metres* of distance between the place where the articles described tion after or seized were found, and the residence of the infringer, receiver, seizure. introducer, or vendor,) the seizure or description shall be of no
effect, and without prejudice to the damages that may be claimed,
according to the form prescribed by Art. 36. . Infringers' ART. 49.-The confiscation or forfeiture of all articles condemned goods and tools forfeited
as infringements, and all tools, apparatus, and utensils employed to patentee.
in their manufacture, shall (even in cases where no damages are given) be pronounced against the infringer, receiver, introducer, or vendor. The forfeited articles shall be handed over to the proprietor of the patent, without reference or prejudice to further damages, or without being condemned to advertise, if thought necessary.
PARTICULAR AND TEMPORARY ARRANGEMENTS AND REGULATIONS.
Law to take Art. 50.-Royal ordinances, making any regulations in the effect in three administration of public business, shall decree the arrangements months after ratification. necessary for the exec
necessary for the execution of the present law, which shall not
come into effect until three months after its promulgation. Colonies in- ART. 51.--Ordinances issued in the same manner may extend cluded.
the application of the present law to the colonies with such modi.
fications and alterations as may be deemed necessary. ? Repeal of for- Art. 52.-The following laws shall be repealed from the day on i mer laws.
which the present law shall come into force, viz: the law of the 7th Jan. and 27th May, 1791, that of the 20th Sept. 1792, the decree of the 17th Vendemiaire, in the year VII, the decree of
the 5th Vendemiaire, in the year IX, the decree of the 25th Nov. - 1806, and 25th Jan. 1807, and all arrangements or regulations made previous to the present law relative to patents of invention,
importation, and improvement. Unexpired Art. 53.-All patents of invention, importation, and improve. patents to con- ment antially in operatio
"- ment, actually in operation, and issued in conformity to the laws original terms. anterior to the present, or prolonged by royal ordinance, shall retain
their effect during the time that shall have been originally assigned to them as their duration.
","A myriametre is equal to about six English miles."
ART. 54.-Proceedings commenced before the promulgation of Proceeding, the present law, shall be finished or completed conformably to the co
ē under old law previous laws. Any action, either for infringement or repeal of shall be coma patent, if not yet commenced, shall be carried on or conducted pleted under according to the regulation prescribed in the present law, even the same when the patents in question shall have been previously obtained.
: The present law having been discussed, deliberated
upon, and adopted by the Chambers of Peers, and
put into execution as a law of the country.
STATUTES OF BELGIUM
RELATING TO LETTERS PATENT.
Laws of the 25th January, 1817, concerning the granting of Exclu
sive Privileges for Inventions and Improvements in objects of
Art and Industry.
To all to whom these presents shall come, greeting : The King's Whereas we have taken into our consideration the importance prezumble. of fixing certain general rules for the granting of exclusive privi
leges for inventions and improvements in objects of art and industry:
Having heard our Council of State, and in common accord with our States. General, have ordained as we do ordain by these
presents : Patents to be · Art. 1.-There shall be granted by us within this kingdom, for
in inventions and real improvements in certain branches of art and foreign inventions as well. nu
well. industry, as well as on the first introduction or putting into activity his domestic. in this country of such foreign objects or inventions and improve
ments, exclusive rights for a stated term by letters patent, on our
being applied to for that purpose. To be without ART. 2.-These letters patent shall be granted without prejudice prejudice to to any other party, and thus shall have no value when it shall others, and void if not appear that the invention or improvement for which any one may new. . have obtained a patent, had been used or employed by any other
in this kingdom before the granting of the letters patent. Duration and ART. 3.-Patents of invention shall be granted for the terms of cost.
five, ten, or fifteen years. The dues or taxes to be paid by the applicant shall be proportioned to the duration of the patent and the importance of the invention or improvement, but shall never
exceed the sum of 750 florins, nor be less than 150... Prolongation ART. 4.-A patent of invention for the term of five or ten years of patents. may likewise be prolonged at the expiration of the term, should
there exist sufficient reason to favor such demand, but its duration shall never exceed the term of fifteen years.
ART. 5.-Patents of importation, for the introduction or the Imported inapplication of inventions or of improvements made in foreign coun- ventions to,
ents made in foreign couw bear same date tries, for which the authors may be the patentees, cannot be granted as their for a longer term than that of the duration of such patent in the patents. . foreign country, and contains the express clause that the objects Shall be manu
factured in the mentioned shall be manufactured in the kingdom.
Kingdom. Art. 6:-Patents of invention guarantee to their possessors or Rights of Pa- assigns the authority, .
tentees in case To manufacture and sell exclusively through all the kingdom, of infringeduring the term of the patent, or to cause or license to be made ment. and sold by others, the objects of which the patent consists':
To proceed against, before the courts, such persons who may be guilty of any infringements on his invested rights, to the effect of obtaining the confiscation, to their profit, of all objects made in Goods or ma-, infraction of his rights, and not yet sold, and of the price of the to Patentee.
the chines forfeited goods which are already sold, as likewise ta institute an action for damages and interests, to the extent of the wrong done.
ART. 7.–Any person demanding a patent of invention is required What docuto deposit an exact detailed description, signed by himself, of the ments object or secret for which he wishes to obtain a patent, accompanied "eque by the necessary plans and designs. This description will be pub- Process published after the expiration of the term of the duration of the patent, lished at the whether as an original one or under a prolongation thereof, or when
friture of the patent may have become annulled for any of the before-men- patent. ·tioned causes. The government may, nevertheless, defer this publication, if, for important reasons, it should think fit.
ART. 8.-A patent of invention shall be declared null for any of When declarthe following causes :
i ed void. . When it shall appear that the petitioner has wilfully omitted Fraud, or some part of his secret, or has given a fraudulent explanation in omission. ' his specification.
If it should appear that the object for which a patent has been Not'new. . granted, has been previously printed and published in some work.
When the party who may have obtained a patent has not made Not put in use of his privilege within two years of the grant, unless for some pracy weighty reasons, of which the government will judge.
If any person, after having obtained a patent of invention, should If patented in obtain one in any other country.
• tries. If it should appear that the invention, for which the patent is If dang granted, be dangerous in its nature or application to the security to government. of the kingdom or of its inhabitants.
Art. 9. -An account shall be kept separate of the dues paid by Premiums. - those who obtain patents of invention, and the produce shall be
employed as premiums of encouragement for the national arts and industry.
ART. 10.--Are abrogated or annulled by these presents, the laws Previous enand regulations existing as to patents of inventions and other simi- ne
Execution of the law. .
lar exclusive rights. It is to be observed, nevertheless, that those to whom patents of invention have been granted prior to this day, shall be maintained in possession of all their rights.in ,
Ordered, that the present law shall be inserted in the “Staats, blad," and that our ministers and other authorities whom it may concern, shall require its strict execution.
i n the TOE Given at Brussels the 25th January, 1817, the fourth year of our reign. (Signed,)
. : GUILLAUME.
Law of 17th August, 1827..
.. : , trist, Law respect. We, Guillaume, having seen the report of our Minister of Inteing delin
terior, dated the 16th of June, No. 103, on the measures to be taken quents.
to put an end to the neglect of persons who obtain patents of inven-
SiS wide rangements are Seeing the law of 25th January, 1817, (Official Journal,) we agreeing with the above advice, we have found good, and enact to
authorise our Minister of Interior: When dues 1st. To require of the demanders of patents on depositing the must be paid. petition and document, to give a declaration by which they engage
to accept the patent if it be accorded, and to pay the dues within three months from the date thereof, and to submit in the event of the not fulfilling this engagement, to have their patent annulled,
and the invention made public. Must put in- 2d. To require of the persons who shall have obtained a patent, vention in
an engagement to put the object which constitutes their patent activity.
into activity within the limited term required by the law, on pain of seeing the invention made public.
A copy of this act;,as likewise the advice of the Council of State,
Regulation for the execution of the Law of 25th January, 1817,
and the delivery of Patents of Invention, Importation, and Improvement. .
Patents of im- Art. 1.-Those who wish to obtain a patent of invention, imporportation tation, or improvement, must deliver, at the Secretariat of the pro how prepare and address.
18. vincial government, a petition to the King, containing the general