Abbildungen der Seite
PDF
EPUB

already granted abroad, the duration of the Tunis patent, must not exceed that of the foreign patent.

Patents are null if the invention is not new, if the title of the patent is fraudulent, and if the specification is insufficient. No invention is considered new which has been published in Tunis or abroad before the date of the application, sufficiently to enable it to be worked.

The patentee is deprived of his rights: On non-payment of the annuity before the beginning of each year; if the invention is not worked within two years from the date of the patent, or has ceased to be worked for two consecutive years, or where the patentee has introduced into Tunis articles manufactured in foreign countries similar to those which are protected by the patent; but authority may be obtained for the introduction of models or of articles intended for public exhibitions or for trials.

Whoever calls himself patentee having no patent, or who, being a patentee, mentions his patent without the words without guarantee of the Tunisian Government,' is liable to a fine. Action can be taken for the annulment of the patent by any person interested,

Infringers can be prosecuted and punished by fine, and, in the case of a workman or an associate of a workman of the patentee, by imprisonment.

TURKEY.

The Ottoman Government grants patents to natives or foreigners for five, ten, or fifteen years, subject to an annual tax of two Turkish pounds, but the Turkish patent will expire with the termination of any earlier foreign patent. Pharmaceutical compounds or medicines and financial combinations are not patentable, and the inventions must not have been published in Turkey or abroad. The applicant for a patent must supply a petition, a description and drawings, or samples to explain the invention. The petition must be limited to a single object, with the details which form part of it, and must indicate the term for which the patent is solicited. The term of the patent is reckoned from the date of filing the application. Patents are granted without examination and at the inventor's own risk. Inventions relating to instruments of warfare are submitted to the War Department, and such as are approved by the department are bought by the State. Inventions of this kind which are not favourably reported upon are rejected.

The term of the patent can only be prolonged by special legislation.

Certificates of alteration, addition, or improvement are granted. The patentee is, however, alone entitled to receive a certificate of addition during the first year of his patent. If such applications are made by others they will be kept secret until the first year of the patent has expired, and will then be granted.

Patents may be assigned in whole or in part by a deed of assignment, which must be registered with the Minister of Commerce; and the specifications, drawings, and models are accessible to the public, and may be copied.

Patents are invalid when the invention is not new or when they are for mere principles, when the invention is contrary to public morals, when the title of the patent is fraudulently misleading, or when the specification is insufficient. Patents will become void in default of payment of the annuities, when the invention is not worked in Turkey within two years from the date of the patent, or if the working is thereafter discontinued for two consecutive years, unless the patentee can show cause to justify his inaction, or by the introduction of articles manufactured abroad according to the invention, unless by special authorisation of the Government.

Any interested person may bring an action before the Tribunal of First Instance to rescind the patent, and infringers of patents are liable to a fine of from five to one hundred Turkish pounds.

URUGUAY.

The Law of November 12, 1885, authorises the executive to grant patents for inventions for terms of three, six, or nine years at the applicant's option, and subject to an annual payment of 25 dollars. After the grant is made the executive fixes a period within which the patented invention must be worked in Uruguay.

Application for the patent must be made by petition to the Minister of the Interior, stating the term desired, accompanied by a specification and specimens, drawings, or models. The Patent Office is to publish every two years all the privileges granted, with the specifications and drawings.

Patents of addition may be obtained. Patents may be assigned by public deed.

Provision is made for nullity and forfeiture of patents, and for the protection of patentees against infringements.

A register of patents is kept.

VENEZUELA.

A law of May 25, 1882, provides for the grant of patents for five, ten, or fifteen years for inventions not already known and used in the country, or patented or described in a printed publication in the republic or abroad, or having been in public use for more than two years prior to the application, unless such use has been abandoned.

The

The

Applications for patents must be addressed to the Federal executive power through the Minister of the Interior. applicant must declare on oath that he is the inventor. patent for an original invention is subject to payment of about 80 francs per annum for the whole term of the patent.

Persons who have obtained patents in foreign countries can obtain patents for Venezuela, but such patents are only granted for the number of years the foreign patent has to run.

The description of the invention patented is published in the Official Gazette after the expiration of the patent, or after the patent is declared null.

Actions for infringements may be tried before the Federal tribunals.

PATENT LAWS OF THE BRITISH POSSESSIONS ABROAD.

SINCE the Imperial Government declined in the year 1852 to issue any grants of patents for the colonies, most of our possessions abroad have themselves established patent laws, principally framed upon the British law. The number of patents granted in Canada, India, and the Australian colonies is large and is increasing. It will be seen from the following abstracts that there is now no important colony in which inventions cannot be protected.

By an Order in Council dated February 8, 1890, New Zealand is made a party to the International Convention for the Protection of Industrial Property. Victoria, Queensland, Tasmania, and Natal are the only other colonies which have at present passed the necessary laws to enable them to join the convention.

THE BAHAMA ISLANDS.

The Colonial Act, 52 Vict. cap. 23, assented to May 23, 1889, makes provision for protecting inventions in these islands.

Every person desirous of obtaining letters patent must file a complete specification in the office of the Registrar of Records, and must pay to the registrar 31. Persons residing abroad must file with the specification a certified copy of any letters patent which they have obtained abroad for the same invention. The applicant must, within ten days after filing his complete specification, present a petition to the Governor, accompanied by a copy of the specification, praying for the grant. The Governor will thereupon issue letters patent for the invention for the term of seven years, unless he is of opinion the invention is not new, is not patentable in law, is already in the possession of the public, has been previously described in a printed publication, or has already been patented in the colony. Specifications are open to the public in the office of the Registrar of Records.

Legal proceedings for infringement may be taken in the Courts of the islands, the remedies being similar to those given by the English law, and the defendant may plead any matter which can be pleaded in English Courts.

Where the invention is not brought into operation within three years after filing the specification, the exclusive privilege is forfeited and ceases to exist.

Patents are assignable, in whole or in part, by instruments in writing, which must be registered in the office of the Registrar of Records.

Upon application to the Governor in Council patents may be renewed for a further term of seven years on payment of 10l., and for a third term of seven years on payment of 201.

Registers of patents and of proprietors are kept at the office of the Registrar of Records, in which the grants of patents, assignments, and licences are entered. Writs of scire facias to repeal patents may be issued to the Provost Marshal if the grantee resides in the colony; if not resident, such writs are to be filed in the office of the prothonotary of the General Court, and notice thereof in writing is to be served at the last known residence or place of business of the grantee.

BARBADOS.

An Act dated December 12, 1883, amended by an Act of 1888, provides for the grant of privileges to inventors.

Every person filing a complete specification of his invention, with a copy, in the Colonial Secretary's Office of the island, and paying a fee of 31. 6s. 8d., is entitled to the exclusive right of the invention for a term of seven years.

The privileges may be protected from infringement by proceedings taken in the courts of the island, the pleadings and proceedings being similar to those taken in the High Court of Justice in England.

The exclusive privilege will be void unless the invention is new, in case the applicant is not the first and true inventor, or if at the time the specification was filed the invention was well known elsewhere, and also known to some other person or persons in the island.

The exclusive right will cease if the invention is not brought into operation in the island within three years after filing the specification.

The privilege may be renewed for two additional terms of seven years each on application being made before the expiration of the original or renewed privilege, and on payment of 107. for the second term, and 201. for the third term.

« ZurückWeiter »