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THE HONGKONG GOVERNMENT GAZETTE, 16TH OCTOBER, 1886.
949
The protection of marks applied to merchandize of manufacturers' and trade marks, and of designs and models, shall be enjoyed by the subjects of the other Power to the extent only to which, and for so long only as, they are protected in their own country.
In neither country shall there be acquirable an exclusive right to use models, marks applied to merchandize, or manufacturers' or trade marks which in the other country are public property in trade or in certain classes of trade. The protection of designs and models shall be enjoyed irrespectively of whether or not the articles have respectively been produced within the same country or not.
ARTICLE VIII.
The High Contracting Parties declare that they will not hamper the reciprocal commerce between their territories by any sort of prohibition of import, export, or transit which is not at the same time imposed either on all nations, or at least on those in identical circumstances.
ARTICLE IX.
The articles mentioned in the accompanying Tariff (A), of Spanish origin or manufacture, shall be allowed to enter Germany at the duties mentioned in the said Tariff, and in accordance with the provisions therein contained.
The articles mentioned in the accompanying Tariff (B), of German origin or manufacture, shall be allowed to enter Spain at the duties mentioned in the said Tariff, and in accordance with the pro- visions therein contained.
Each of the two High Contracting Parties binds itself to grant to the other, in the import or export of goods, whether specified or not in the present Treaty, immediately and unconditionally, every favour, privilege, or reduction in import or export duties which one of them has extended, or shall hereafter extend, to a third Power.
ARTICLE X.
For the duration of this Treaty all Spanish natural wines in barrels shall pay customs duties on entering Germany, without any difference being made as to their alcoholic strength, in such a manner that wines of a higher alcoholic strength shall not pay a higher duty than wines of a lower alcoholic strength.
Spanish wines shall not, so long as the present Treaty lasts, on being imported into Germany, pay any imposts and duties beyond the import duty, whether consumption duties or inland duties, either to the State or to Municipalities.
So far as Treaty rights are not opposed to it, Germany shall not extend the advantages mentioned in section 1 of this Article to any third State which taxes wines according to their alcoholic strength. ARTICLE XI.
On goods exported to Spain there shall not be levied in Germany, and on goods exported to Germany there shall not be levied in Spain, any other or higher export duty than is imposed on similar articles exported to the most favoured nation.
ARTICLE XII.
The High Contracting Parties reserve to themselves the right of requiring on the entry of goods the production of certificates of origin to establish the nationality of origin or of manufacture of such articles.
ARTICLE XIII.
For further facilitating commerce on both sides, freedom from export and import duties shall be reciprocally extended to goods (with the exception of provisions), so far as there is, on doubt as to the identity of the articles exported and then reimported, which are sent from the open markets of one of the High Contracting Parties for sale in those of the other, but which in the territory of the other are not put into the open market, but, on the contrary, are placed under the control of the Customs authorities in bonded warehouses, so long always as the goods in question are sent back unsold within a certain period to be previously determined.
ARTICLE XIV.
With regard to the amount of the import and export duties, to the guarantees taken for their payment, to the mode of collecting them, as well as with respect to transit, bonded warehouses, local dues, customs treatment and formalities, each of the High Contracting Parties binds itself to let the other share in every favour, privilege, and reduction in the Tariffs which either of them has extended to any other Power. Likewise, should any future advantage or exemption be granted by one of the Contracting Parties to a third Power, it shall immediately, and unconditionally, be extended to the
other.
ARTICLE XV.
Goods of all kinds imported from the territories of one of the High Contracting Parties into those of the other shall not be charged with any higher interior taxes, or taxes on consumption, raised on behalf of the State or of Municipalities, than those which are imposed on or shall be imposed on similar goods of national origin.