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ANNEX I
[Map]
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ANNEX II
SPECIAL PROVISIONS RELATING TO CERTAIN KINDS OF PROPERTY
(A)
Industrial, Literary and Artistic Property
1.-(a) A period of one year from the coming into force of the present treaty shall be accorded to the Allied and Associated Powers and their nationals without extension fees or other penalty of any sort in order to enable them to accomplish all necessary acts for the obtaining or preserving in Japan of rights in industrial, literary and artistic property which were not capable of accomplishment owing to the exist- ence of a state of war.
(b) Allied and Associated Powers or their nationals who had duly applied in the territory of any Allied or Associated Power for a patent or registration of a utility model not earlier than 1st September, 1938, or for the registration of an indus- trial design or model or trade mark not earlier than 1st March, 1939, shall be entitled within twelve months after the coming into force of the present treaty to apply for corresponding rights in Japan, with a right of priority based upon the previous filing of the application in the territory of that Allied or Associated Power.
(c) Each of the Allied and Associated Powers and its nationals shall be accorded a period of one year from the coming into force of the present treaty during which they may institute proceedings in Japan against those natural or juridical persons who are alleged illegally to have infringed their rights in industrial, literary or artistic property between 1st September, 1939, and the coming into force of the treaty.
2. A period from 1st September, 1939, until a date eighteen months after the coming into force of the present treaty shall be excluded in determining the time within which a patent must be worked or a design or trade mark used.
3. The period from 1st September, 1939, until the coming into force of the present treaty shall be excluded from the normal term of rights in industrial, literary and artistic property which were in force in Japan on 1st September, 1939, or which are recognised or established under this annex and belong to any of the Allied and Associated Powers or their nationals. Consequently, the normal duration of such rights shall be deemed to be automatically extended in Japan for a further term corresponding to the period so excluded. This only relates to the duration of the rights and would not prevent proceedings being taken under paragraph 1(c) of this annex in respect of the period from 1st September, 1939, until the coming into force of the treaty.
4.--(a) Natural or juridical persons in Japan who, before the coming into force of the present treaty, had bona fide acquired industrial, literary or artistic property rights conflicting with rights restored under this annex or with rights obtained with the priority provided thereunder, or had bona fide manufactured, published, repro- duced, used or sold the subject-matter of such rights, shall be permitted, without any liability for infringement, to continue to exercise such rights and to continue or to resume such manufacture, publication, reproduction, use or sale which had been bona fide acquired or commenced. Such permission shall take the form of non-exclusive licence granted on terms and conditions to be mutually agreed by the parties thereto or, in default of agreement, to be fixed by the special neutral tribunal established under Article 35 of the present treaty.
(b) Japan waives all claims on behalf of the Japanese Government and Japanese nationals against natural or juridical persons in the territories of the Allied or Associated Powers who, after 1st September, 1939, and before the coming into force of the present treaty, had exercised rights in the industrial, literary and artistic property 20f5Japanese nationals.
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No obstacles other than those applicable to insurers generally, shall be placed in the way of the resumption by insurers who are United Nations nationals of their former portfolios of business, of busast & qui8701 70
929 Should an insurer who is a national of any of the United Nations wish to resume his professional activities in Japan and should the value of the guarantee deposits or reserves required to be held as a condition of carrying on business in Japan be found to have decreased as a result of the depreciation or loss of the securities in which they were constituted, the Japanese Government shall, except in so far as the securities have been utilised to settle liabilities which were properly due for settlement in Japan and were incurred by the insurer pre-war or arose subse- quently from contracts, continuation of which after the outbreak of war is provided for by Annex III of the present treaty, accept the securities, for the purpose of compliance with any requirements as to the reconstitution of deposits and reserves, at the value attributed to them by the Japanese Government at the time of their acceptance in fulfilment of pre-war deposit and reserve requirements.
ANNEX III
INSURANCE
Contracts of Insurance and Reinsurance
1. Contracts of insurance and reinsurance shall be dealt with in accordance with the following paragraphs.
Insurance and Reinsurance (Other than Life)
2. Contracts of insurance other than Life Insurance or Marine and Aviation Insurance between parties who subsequently became enemies shall be deemed not to have been dissolved by the outbreak of war, or by the fact of the parties becoming enemies provided that:--
(a) the risk had attached before the parties became enemies; and (b) the insured had paid within six months from the date of the inception of the insurance or from the due date where such date is specially indicated, all moneys owed by way of premium or consideration for effecting or keeping effective the Insurance in accordance with the contract.
3. Contracts of Marine and Aviation Insurance between parties who sub- sequently became enemies, shall be deemed not to have been dissolved by the out- break of war or by the fact of the parties becoming enemies provided that:
(a) the risk had attached before the parties became enemies; and (b) the insured had paid before the date at which the parties became enemies all moneys due by way of premium or consideration for effecting or keeping effective the insurance in accordance with the contract.
4. In the event of the insured having made the payment referred to in para- graph 2 (b) or 3 (b) above in respect of part only of the period for which the contract was effected, then the contract shall be deemed to have been in force for that part only of its period for which such premium or consideration has been paid.
5. Contracts of Insurance other than those remaining in force under the preceding paragraphs shall be deemed not to have come into existence and no payment shall be due from one party to the other. In such cases any moneys paid by way of premium or consideration shall be recoverable from the insurer.
6. (a) Where an insurance has been transferred during the war from the original to another insurer, or has been wholly reinsured, the transfer or reinsurance shall whether effected voluntarily or by administrative or legislative action be recognised and the liability of the original insurer shall be deemed to have ceased as from the date of the transfer or reinsurance. Where an insurance has been partly reinsured during the war the reinsurance shall, if the British insurer so elects, also be recognisedagThe original insurer shall be entitled to receivePagedemandf fu17
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No obstacles other than those applicable to insurers generally, shall be placed in the way of the resumption by insurers who are United Nations nationals of their former portfolios of business.
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1
2. Should an insurer who is United Nations wish to resume his professional activities in Japan and should the value of the guarantee deposits or reserves required to be held as a condition of carrying on business in Japan be found to have decreased as a result of the depreciation or loss of the securities in which they were constituted, the Japanese Government shall, except in so far as the securities have been utilised to settle liabilities which were properly due for settlement in Japan and were incurred by the insurer pre-war or arose subse- quently from contracts, continuation of which after the outbreak of war is provided for by Annex III of the present treaty, accept the securities, for the purpose of compliance with any requirements as to the reconstitution of deposits and reserves, at the value attributed to them by the Japanese Government at the time of their acceptance in fulfilment of pre-war deposit and reserve requirements.
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ANNEX III
INSURANCE
Contracts of Insurance and Reinsurance
1. Contracts of insurance and reinsurance shall be dealt with in accordance with the following paragraphs.
Insurance and Reinsurance (Other than Life)
2. Contracts of insurance other than Life Insurance or Marine and Aviation Insurance between parties who subsequently became enemies shall be deemed not to have been dissolved by the outbreak of war, or by the fact of the parties becoming enemies provided that:-
(a) the risk had attached before the parties became enemies; and
(b) the insured had paid within six months from the date of the inception of the insurance or from the due date where such date is specially indicated, all moneys owed by way of premium or consideration for effecting or keeping effective the Insurance in accordance with the contract.
3. Contracts of Marine and Aviation Insurance between parties who sub- sequently became enemies, shall be deemed not to have been dissolved by the out- break of war or by the fact of the parties becoming enemies provided that:
(a) the risk had attached before the parties became enemies; and (b) the insured had paid before the date at which the parties became enemies all moneys due by way of premium or consideration for effecting or keeping effective the insurance in accordance with the contract.
4. In the event of the insured having made the payment referred to in para- graph 2 (b) or 3 (b) above in respect of part only of the period for which the contract was effected, then the contract shall be deemed to have been in force for that part only of its period for which such premium or consideration has been paid.
5. Contracts of Insurance other than those remaining in force under the preceding paragraphs shall be deemed not to have come into existence and no payment shall be due from one party to the other. In such cases any moneys paid by way of premium or consideration shall be recoverable from the insurer.
6. (a) Where an insurance has been transferred during the war from the original to another insurer, or has been wholly reinsured, the transfer or reinsurance shall whether effected voluntarily or by administrative or legislative action be recognised and the liability of the original insurer shall be deemed to have ceased as from the date of the transfer or reinsurance. Where an insurance has been partly reinsured during the war the reinsurance shall, if the British insurer so elects, also be recognised The original insurer shall be entitled to receive ponderaandf fil
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Ragamationfa&to the terms of the transfer or reinsuPage, and of &hould appear that those terms were not equitable, they shall be amended so far as may be necessary to render them equitable. S
(b) The insured shall, Subject to the concurrence of the original insurer, be entitled to retransfer the contract to the original insurer as from the date of the insured formulating a demand to that effect.
(c) Appropriate premium shall be payable in respect of any period unexpired as at the date of the transfer or reinsurance or retransfer of the original insurance by the party relieved of liability to the party which assumes the liability during such unexpired period.
7. Treaties of reinsurance between parties who subsequently became enemies, shall, except as provided below, be deemed to have been determined as at the date the parties became enemies.
8. Subject to any specific provisions in the Reinsurance Treaty, or in default of agreement between the parties as to the manner of accounting, the reinsurer shall be relieved of all liability for losses occurring on or after the date at which the parties became enemies; all cessions under the Reinsurance Treaty shall be cancelled as at that date; the reinsurer shall take credit for all earned premium and give credit for all unearned premium on a pro rata temporis basis.
Provided always that cessions in respect of voyage risks which had attached under a Treaty of Marine Reinsurance shall remain in full effect until their natural expiry in accordance with the terms and conditions on which the risk has been ceded.
9. Contracts of Excess of Loss Reinsurance on an "Excess of Loss Ratio " basis shall be deemed to have been cancelled as from inception and any payments made thereunder shall be refunded, or brought into account between the parties.
10. Contracts of facultative reinsurance between parties who subsequently became enemies shall, except as hereafter provided, be deemed to have been deter- mined as at the date upon which the parties became enemies. Where, however,
(a) the risk had attached before the parties became enemies and
(b) all moneys owed by way of premium or consideration for effecting or keeping effective the reinsurance had been paid or set off in the customary manner,
the reinsurer shall respond for losses recoverable under the contract which occurred before the date at which the parties became enemies and shall be relieved of all liability for losses which occurred on or after the date at which the parties became enemies. The reinsurer shall take credit for earned premium and give credit for unearned premium on a pro rata temporis basis.
11. Subject to provisos (a) and (b) set out in Clause 10, contracts of faculta- tive reinsurance of voyage risk shall be deemed not to have been determined and shall continue in accordance with the terms and conditions on which the risk had been ceded until the natural expiry of the original insurance and the premium or consideration for such voyage risk shall be deemed fully earned by the reinsurer.
12. Contracts of facultative reinsurance other than those complying with the provisos (a) and (b) in paragraph 10 and the provisions of paragraph 11 shall, unless the parties mutually agree to the contrary be deemed not to have come into existence and no payment shall be due from one party to the other. In the event of the risk not having attached before the date at which the parties became enemies any moneys paid by way of premium or consideration shall be recoverable from the reinsurer.
13. Contracts of facultative reinsurance shall not be deemed to have been determined as provided under 10, but shall be deemed to have continued in force if such contracts have been effected in respect of contracts of insurance which are maintained in accordance with the provisions of 2, 3 and 4.
14. Contracts of reinsurance voluntarily effected before the parties became enemies, with the object of relieving the original insurer of liabilities in the territory concerned in the event of the parties becoming enemies shall not be deemed to have been determined but shall be regarded as reinsurance within the meaning of paragraph 6 (a) above.
.
15. There shall be an adjustment of accounts between the same two parties and into the accounts in order to establish a final resulting balance shall be brought all balances and all moneys which may be due from one party to the other under all treaties of reinsurance or contracts of facultative reinsurance which have been in
Pxistence between them, or returnable under the provisions of paragraphs 9 and 12.