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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 12, 1902.
ARTICLE 261.
No action shall be brought and no claim made by nationals of the former Austrian. Empire, or by persons residing or carrying on business within the territory of that Empire,. on the one part, and on the other part by persous residing or carrying on business in the territory of the Allied or Associated Powers, or persons who are nationals of such Powers respectively, or by any one deriving title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the existence of a state of war and that of the coming into force of the present Treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Articles 259 and 260.
Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sile or offering for sale for a period of one year after the signature of the present Treaty in the territories of the Allied or Associated Powers on the one hand or Austria on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the existence of a state of war and the signature of the present Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the right was domiciled or had an industrial or commercial establishment in the districts occupied by the Austro-Hungarian armies during
the war.
This Article shall not apply as between the United States of America on the one hand. and Austria on the other.
ARTICLE 262.
Licences in respect of industrial, literary or artistic property concluded before the war between nationals of the Allied or Associated Powers or persons residing in their territory or carrying on business therein, on the one part, and nationals of the former Austrian Empire, on the other part, shall be considered as cancelled as from the date of the existence of a state of war between the former Austro-Hungarian Monarchy and the Allied! or Associated Power. But, in any case, the former beneficiary of a contract of this kind. shall have the right, within a period of six months after the coming into force of the present Treaty, to demand from the proprietor of the rights the grant of a new licence, the con- ditions of which, in default of agreement between the parties, shall be fixed by the duly qualified tribunal in the country under whose legislation the rights had been acquired, except in the case of licences held in respect of rights acquired under the law of the former Austrian Empire. In such cases the conditions shall be fixed by the Mixed Arbitral Tri- bunal referred to in Section VI. of this Part. The tribunal may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during
the war.
No licence in respect of industrial, literary or artistic property granted under the special war legislation of any Allied or Associated Power, shall be affected by the continued existence of any licence entered into before the war, but shall re.nain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered int before the war shall be considered as substituted for such licence.
Where sums have been paid during the war in respect of the rights of persons referred to in Article 249 (b) by virtue of a licence or agreement concluded before the war in respect of rights of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be dealt with in the same manner as other debts or credits of such persons as provided by the present Treaty.
This Article shall not apply as between the United States of America on the one hand and Austria on the other.
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