CO885-8 — Page 123

| PUBLIC RECORD OFFICE

Reference :-

C.O. 885

8

| ALLY WITHOUT PERMISSION OF THE

PUBLIC RECORD OFFICE, LONDON

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

South Australia.

Canada.

New Zealand, Queens- land, Tasmania, Western Australia.

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Every patent in South Australia is liable to be revoked by the Governor upon the application of any person after the expiration of three years from the granting thereof, if it is made to appear to the Governor that neither the patentee nor his assignee or licensee has before the time of such application used But the the patented invention to a reasonable extent for the public benefit. Governor may, in his absolute discretion, refuse any such application upon such terms and conditions as he may see fit. No patent has yet been forfeited under these provisions, and it is believed that no application hus yet been made under them.

FORFEITURE OF PATENTS WHEN PATENTED GOODS ARE IMPORTED.

The only Colony in which it has been considered necessary to forfeit a patent by reason of the importation of the patented goods, or to place any special prohibition on the importation of patented goods, as such, is Canada, which is of course very exceptionally situated by reason of its propinquity to the United States, the most inventive country in the world. In Canada, if after the expiration of 12 months from the granting of a patent, or any extension of such period which may be authorised by the Commissioner of Patents on satisfactory cause being shown at some time within three months of the expiry of the period, the patentee, or any of his representatives or assignees, imports or causes to be imported into Canada the inventions for which the patent has been granted, the patent becomes void as to the interests of the importer.

COMPULSORY LICENCES.

In New Zealand, Queensland, Tasmania, and Western Australia, if it is proved that by reason of the default of a patentee to grant licences on reasonable terms (1) the patent is not being worked in the Colony; or (2) the reasonable requirements of the public with respect to the invention cannot be supplied; or (3) any person is prevented from working or using to the best advantage an invention of which he is possessed, the Governor may require the patentee to grant licences on such terms as having regard to the nature of the invention and the circumstances of the case he may think just; but so far as we are aware, no application for a compulsory licence has yet been made in any of these Colonies under the above provisions.

In the above Colonies the law on this point is substantially the same as in the United Kingdom, with the exception that the jurisdiction exercised by the Board of Trade in the United Kingdom is exercised in the Colonies by the Governor.

In the remainder of the Colonies, to which this memorandum relates, it has not been thought necessary to pass any legislation for the grant of compulsory licences.

THE INTERNAtional ConvENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

By the International Convention of 20th March, 1888, the Governments of Belgium, Brasil, France, Guatemala, Holland, Italy, Portugal, San Salvador, Servis, Spain, and Switzerland constituted themselves into a Union for the protection of industrial property.

The following Governments have since adhered to the Convention and become parties to the Union, viz., Great Britain, Tunis, the Dominician Bepublic, Sweden, Norway, Queensland, the United States, New Zealand, Denmark, and Japan; while San Salvador and Guatemala have left the Union.

Article II. of the Convention provides that the subjects and citizens of each thewed of the Contracting States shall in all the other States of the Union, in matters.

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concerning patents of invention, industrial designs or models, trade and commercial marks and trade names, enjoy the advantages which their respective laws now grant or shall hereafter grant to natives.

Article IV. provides that :-

"

Any person who has duly lodged an application for a patent of invention, an industrial design or model, or a trade or com- mercial mark in one of the Contracting States, shall enjoy, for lodging the application in the other States, and reserving the rights of third parties, a right of priority during the terms hereinafter stated.

*Consequently, a subsequent application in one of the other States of the Union before the expiration of these terms shall not be invalidated through any acts accomplished in the interval, either, for instance, by another application, by publication of the invention, or by the working thereof by a third party, by the sale of copies of the design or model, or by the use of the mark."

The above-mentioned terms of priority, as fixed by the original Convention of 1883, were six months for patents of inventions, and three months for industrial designs and models and for trade and commercial marks. These terins were increased by a month for "countries beyond the sea," an expression which has been interpreted as meaning "countries outside Europe which do “not border on the Mediterranean.”

By the Additional Act of the 14th of December, 1900, the terms of priority were fixed for all countries at twelve months for patents and four months for industrial designs and models and for trade and commercial marks.

Article V. of the Convention provided that—

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'The introduction by the patentee into the country where the patent has been issued of objects manufactured in any of the States of

the Union shall not entail forfeiture.

"Nevertheless, the patentee shall remain subject to the obligation to work his patent in conformity with the laws of the country into which he introduces the patented objects."

This article has been modified by the Additional Act of the 14th of December, 1900, which provides that "the patentee in each country shall not "incur forfeiture for non-working until the expiration of a minimum period of "three years commencing from the date of the deposit of his application in the country in question, and in case the patentee fails to give satisfactory reasons for his inaction.'

commercial marks.

Articles VI. to X. of the Convention relate to trade or Article XI., as modified by the Additional Act of the 14th of December, 1900, provides that the High Contracting Parties shall, in conformity with the legislation of each country, grant temporary protection to patentable inventions, industrial designs or models, and to trade or commercial marks, for articles exhibited at official or officially recognized International Exhibitions which have been organised in the territory of one of them.

Article XII. provides that each of the Contracting States shall establish "a special department for industrial property, and a central office for the com- "munication to the public of patents of invention, industrial designs or models, "and trade or commercial marks."

In the Final Protocol of the Convention it is stated that the organization of this special department is to comprise, so far as possible, the publication in each State of a periodical official paper.

Article XIII. provides that an International Office shall be established under the authority and supervision of the Central Administration of the Swiss Confederation, the expenses being borne in common by the Contracting States.

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