[Inclosure 2.-Translation.]

An act for the protection of trade-marks, dated November 30, 1874.

We, William, by the grace of God, German Emperor, King of Prussia, etc., hereby order, in the name of the German Empire, with the consent of the Bundesrath and the Reischstag, as follows:

SECTION 1. Manufacturers, whose firm names have been entered in the commercial register, may give notice, before the competent court (for the purpose of having them entered in the commercial register of the place where their principal establishment is situated), of trade-marks, which are to be placed upon their goods or upon the packages containing them, with a view to distinguishing said goods from those of other manufacturers.

SEC. 2. The notice must be accompanied by a plain representation of the trademark (section 1), together with a list of the kinds of goods for which the mark is intended, and the signature of the firm.

SEC. 3. The registration of trade-marks whose use is protected by law for the giver of the notice concerning them, and that of marks which, up to the beginning of the year 1875, have been generally known in the trade as distinguishing the goods of a particular manufacturer, shall not be refused.

Registration shall, however, be refused if the marks consist entirely of numbers, letters, or words, or if they contain public armorial bearings or representations likely to give offense.

SEC. 4. Registration shall take place in the name of the firm giving the notice. The time when the notice is given shall be mentioned in the registration. If a trademark that has been previously registered shall be registered anew, owing to the removal of the principal establishment, the time when the first notice was given shall be mentioned when such trade-mark is reregistered.

SEC. 5. A registered trade-mark shall, on application of the firm, be canceled. Cancellation shall take place

1. When the firm name is canceled in the commercial register.

2. When notice is given of a change in the firm, and no notice is given, at the same time, that the trade-mark is to be retained.

3. When ten years have elapsed since the registration of the mark without any notice having been given of its retention, or since the date of such notice without any renewal thereof.

4. When the mark, according to section 3, should not have been recorded. SEC. 6. The first registration and the cancellation of a trade-mark shall be an nounced in the German Advertiser of the Empire (Reichs-Anzeiger).

The cost of the announcement of the registration shall be borne by the firm. SEC. 7. A fee of 50 marks shall be required for the first registration of a trademark not protected by law.

The governments of countries may remit the fee for the registration of marks which, up to the beginning of the year 1875, have been generally known in the trade as distinguishing the goods of a particular manufacturer.

No fee shall be required for other registrations and cancellations.

SEC. 8. The firm for which notice was first given shall have the exclusive right to place marks of which notice has been given to the commercial register on goods or on the packages containing them, or to introduce goods thus marked into the trade. SEC. 9. No person can, by giving notice, acquire a right to trade-marks protected by law, or to marks which, up to the beginning of the year 1875, were generally known in the trade as distinguishing the goods of a particular manufacturer, with the exception of the owners who are legally protected or who are generally recognized in the trade, provided that the said owners give notice prior to October 1, 1875. SEC. 10. No one shall be prevented, by the announcement of a trade-mark containing letters or words, from using his name or that of his firm, although it be in an abbreviated form, for the purpose of distinguishing his goods.

No person can, by giving notice, acquire a right to trade-marks which have hitherto been freely used by all or by certain classes of manufacturers, or the registration of which is not permissible.

SEC. 11. A firm for which a trade-mark has been registered must allow that mark to be canceled on the application of a person who has the right to prevent it from using the mark, or, if the trade-mark is one of those mentioned in section 10, paragraph 2, the firm must allow it to be canceled on the application of an interested party.

SEC. 12. The right acquired by giving notice of a trade-mark shall be canceled1. When the notice is withdrawn, or when application is made for its cancellation by the firm having acquired such right.

2. In one of the cases contemplated in section 5, Nos. 1, 2, and 3.

SEC. 13. Any manufacturer or dealer doing business in the territory of the German Empire may bring an action at law against any person who shall illegally mark goods or the packages containing them with a trade-mark to whose protection such manufacturer or dealer is entitled according to the provisions of this act, or against any person who shall illegally mark goods or the packages containing them with the firm name of such manufacturer or dealer, the object of such action at law being to secure a decision to the effect that the person so marking his goods or the packages containing them has no right to do so.

A manufacturer or dealer may, in like manner, bring an action at law against any person who shall introduce into the trade or expose for sale illegally marked goods, the object of such action at law being to secure a decision that such person has no right to introduce goods thus marked into the trade or to expose the same for sale. SEC. 14. Any person who shall knowingly mark goods or the packages containing them with a trade-mark which, according to the provisions of this act, is entitled to protection, or who shall knowingly mark them with the name, or the firm name of à manufacturer or dealer doing business in the Empire, or who shall knowingly introduce into the trade, or expose for sale such illegally marked goods, shall be punished by a fine of from 150 to 3,000 marks, or by imprisonment for a term not exceeding six months, and shall be liable to the injured party for damages. Prosecutions shall be instituted on application only.

SEC. 15. Instead of any damages based on the ground of this act, a fine, the amount of which shall not exceed 5,000 marks, may, on application of the injured party, be ordered to be paid to him in addition to the penalty. The convicted parties shall be liable as joint debtors for the payment of this fine.

When the payment of a fine is ordered, this shall exclude the presentation of any further claim for damages.

SEC. 16. The court shall decide, according to its convictions, after duly considering all the circumstances, whether any damage has been done; and, if so, what the amount thereof is.

SEC. 17. If a sentence is pronounced on the ground of section 14, the destruction of the marks on the packages or the goods shall, on application of the injured party, be ordered as regards the goods in possession of the convicted party; or, if the removal of the marks is possible in no other way, the destruction of the packages or of the goods themselves shall be ordered.

If a sentence is pronounced in penal proceedings the injured party shall be authorized to publish the sentence at the expense of the convicted party. The manner and time of publication shall be fixed in the sentence.

SEC. 18. The protection granted to the owner of a trade-mark, of a name, or of a firm name by the provisions of this act shall not be forfeited by the fact that the trade-mark, the name, or the firm name is reproduced with alterations that can be perceived only by very close observation.

SEC. 19. Civil suits in which a claim is preferred by complaint, in accordance with the provisions of this act, shall, in the sense of the laws of the Empire and of the countries composing it, be considered as commercial cases.

SEC. 20. The provisions of this act shall be applicable to the trade-marks of manufacturers not having a commercial establishment in the territory of the Empire, and likewise to the names or the firm names of foreign manufacturers or dealers, when German trade-marks, names, and firm names are (in pursuance of a notice inserted in the paper in which the laws are published by authority) protected in the country in which their establishment is situated; but the said provisions shall be applicable to trade-marks (section 1) on the following conditions:

1. Notice concerning a trade-mark must be given to the court of cominerce, with a declaration that the giver of the notice will hold himself amenable to the jurisdiction of the aforesaid court in complaints presented on the ground of this act.

2. The notice must be accompanied by proof that, in the foreign country, the conditions are fulfilled on which the giver of the notice may there claim protection for the mark.

3. The notice shall serve as the basis of a right only so far and so long as the giver of the notice is protected, in the foreign country, in the use of the mark. SEC. 21. This act shall take effect on the 1st day of May, 1875.

The provisions of the laws of the country shall, nevertheless, be applicable to trade-marks that have been protected by law up to this [that?] date, until notice shall have been given in pursuance of this act, at the latest until October 1, 1875. In testimony whereof we have hereunto set our hand and caused our imperial seal to be affixed.

Done at Berlin November 30, 1874.

[L. S.]

PRINCE V. Bismarck.

WILLIAM.

[Inclosure 3.-Translation.]

An act relative to the rights of originators in patterns and models, dated January 11, 1876.

We, William, by the grace of God, German Emperor, King of Prussia, etc., hereby order, with the consent of the Bundesrath and the Reichstag, as follows:

SECTION 1. The right to copy an industrial pattern or model, either in whole or in part, belongs exclusively to its originator.

None but new and peculiar productions shall be considered as patterns or models in the sense of this act.

SEC. 2. In the case of patterns and models that are made by draftsmen, painters, sculptors, etc., who are employed in a manufacturing establishment in the territory of the Empire by order or for the account of the owner of the establishment, such owner, if no other arrangement is made by contract, shall be considered as the originator of the patterns and models.

SEC. 3. The right of the originator shall be transferable to his heirs. This right may, either by contract or by testament, be transferred to others.

SEC. 4. Making free use of individual component parts of a pattern or model in constructing a new pattern or model shall not be considered as copying.

SEC. 5. Any copy of a pattern or model that is made with the intent to circulate it without the consent of the originator or of the party or parties who have legally acquired his rights (sections 1 to 3) is hereby prohibited. A copy shall likewise be Considered as prohibited

1. When, in making it, a process is used which is different from that used in the original work, or when the copy is intended for a branch of industry different from that for which the original is used.

2. When the dimensions or colors of the copy are different from those of the original, or when the alterations made therein are such as can not be perceived without the exercise of special attention.

3. When the copy is not made directly from the original, but indirectly from a copy thereof.

SEC. 6. The following copies shall not be considered as prohibited:

1. A single copy of a pattern or model, provided that it is not made with intent to circulate or use it for industrial purposes.

2. Copies made of patterns that are on a plane surface by means of plastic materials, and inversely.

3. The insertion of copies of single patterns or models in a book or similar publication.

SEC. 7. The originator of a pattern or model shall not be protected against imitations unless he shall give notice thereof for registration in the register of patterns, and shall deposit a pattern, or a drawing thereof, with the officer having charge of the register of patterns.

The notice must be given and the deposit made before any article made from the pattern or model can be exposed for sale.

SEC. 8. The protection afforded by this act against copying shall be granted to the originator of a pattern or model, at his option, for from one to three years from the day on which notice shall have been given.

The originator shall, on payment of the fee provided for in section 12, paragraph 3, be entitled to an extension of the term for which protection is granted for a period not exceeding fifteen years. Any extension of the term shall be noted in the register of patterns.

SEC. 9. The register of patterns shall be in charge of the judicical authorities having charge of the commercial register.

It shall be the duty of an originator to give notice concerning his pattern or model to the court of the place where his principal establishment is situated, and also to deposit the said pattern or model with such court; and, if he does not do business under the name of a registered firm, to give such notice and make such deposit with the competent court of his place of residence.

Originators who have neither an establishment nor a residence in the territory of the Empire, must give their notice to, and make their deposit with, the court of commerce at Leipzig.

Patterns or models may be deposited open or sealed, single or in packages. Packages must not, however, contain more than fifty patterns or models, and must not weigh more than 10 kilograms. Special rules relative to the management of the register of patterns shall be issued by the chancellor of the Empire.

Packages of patterns that have been deposited sealed shall be opened three years after the notice shall have been given, or, if the term for which protection is granted is shorter, at its expiration.

The registration and the extension of the term of protection (section 8, paragraph

2) shall be advertised every month in the German Advertiser of the Empire. The cost of advertising shall be paid by the giver of the notice.

SEC. 10. Entries shall be made in the register of patterns without any previous examination with regard to the right of the applicant or the correctness of the facts stated for entry.

SEC. 11. All persons shall be at liberty to examine the register of patterns and such patterns and models as are not sealed, and to procure authenticated extracts from the register of patterns. In case of dispute as to whether a pattern or model is protected against copying, even scaled packages may, for the purpose of procuring a decision, be opened by the officers having charge of the register of patterns. SEC. 12. All statements, proceedings, attestations, authentications, depositions, extracts, etc., shall require no stamps.

For each registration and deposit of a single pattern, or of a package containing patterns, etc. (section 9), a fee of 1 mark for each year shall be payable, unless a term of protection not exceeding three years is claimed. (Section 8, paragraph 1). If the originator claims a longer term of protection, according to section 8, paragraph 2, he shall pay a fee of 2 marks for each additional year until the tenth year, inclusive, and from eleven to fifteen years he shall pay a fee of 3 marks for each singlé pattern or model. For each certificate of registration and for each additional extract from the register of patterns a fee of 1 mark shall be required.

SEC. 13. Any person who shall have given notice concerning a pattern or model, in order to have it entered in the register of patterns, and who shall have made his deposit in the manner required by section 7, shall be considered as an originator until proof to the contrary is furnished.

SEC. 14. The provisions of sections 18 to 36 and section 38 of the act of June 11, 1870, relative to the rights of authors in literary works, etc. (Law Gazette for 1870, p. 339), shall be applicable to the rights of originators in patterns and models, with the restriction that copies found and contrivances intended for illegal multiplications shall not be destroyed, but shall, at the expense of the owner and at his option, either be deprived of their jeopardizing form or officially kept on deposit until the expiration of the term of protection.

Unions of experts, which, according to section 31 of the act aforesaid, are required to give their opinions concerning the copying of patterns or models, shall be composed of artists, manufacturers of various articles, and other persons who are familiar with pattern and model business.

SEC. 15. Civil suits in which a claim is preferred for indemnity, enrichment, or confiscation shall be considered, in the sense of the laws of the Empire and of the countries composing it, as commercial cases.

SEC. 16. This act shall apply to all patterns and models of originators residing in the Empire, provided that the articles made according to the patterns or models are manufactured within the territory of the Empire, without regard to whether they are sold in the Empire or in a foreign country.

When foreign originators have their industrial establishments in the territory of the German Empire they shall enjoy the benefit of this act for their goods manufactured in the Empire.

The protection extended to foreign originators shall be regulated by existing

treaties.

SEC. 17. This act shall take effect on the 1st day of April, 1876. It shall be applicable to all patterns and models made subsequently to the day on which it shall have taken effect.

Patterns and models made previously to that day shall not enjoy the benefit of the protection of this act unless the first article made according to the pattern or model has been offered for sale after April 1, 1876.

Patterns and models that have hitherto been protected from imitation by a law of one of the countries composing the Empire shall still be thus protected; such protection can not, however, extend beyond the territory for which it was originally granted.

In testimony whereof we have hereunto set our hand and caused our imperial seal to be affixed.

Done at Berlin, January 11, 1876.

[L. S.]

Prince von Bismarck.

PRINCE VON BISMARCK.

WILLIAM.

[Inclosure 4.-Translation.]

Patent law, dated April 7, 1891.

We, William, by the grace of God, German Emperor, King of Prussia, etc., hereby order, in the name of the Empire, with the consent of the Bundesrath and the Reichstag, as follows:

ARTICLE I.

The following provisions are to take the place of sections 1 to 40 of the patent law of May 25, 1877 (Journal of the Laws of the Empire, p. 501):

CHAPTER 1.-Patent rights.

Patents shall be granted for new inventions that may be used for industrial purposes.

The following shall be excepted:

1. Inventions the use of which would conflict with the laws or with good morals. 2. Inventions of alimentary products and medicaments, and also of chemically prepared articles, unless the inventions relate to a special process for the preparation of the articles.

SEC. 2. An invention shall not be considered as new if, at the time of the notice given in public prints, as required by this law, during the last one hundred years, it has been so described or so publicly used in the territory of the Empire that its use by other experts seems possible.

Descriptions of patents officially published in foreign countries shall be considered as being on the same footing with public prints at the expiration of three months from the day of issue, provided that a patent is sought by the party who has given notice of the invention in a foreign country, or by his legal successor. This privilege shall, however, extend only to official descriptions of patents of those States in which reciprocity is guaranteed by a notice published in the Advertiser of the Empire.

SEC. 3. The party who has given first notice of the invention in the manner provided by this law shall be entitled to a patent. A subsequent notice can not furnish ground for a claim to a patent if the invention is the object of the patent of the party who has given the previous notice. If this supposition is partially realized, the one who has subsequently given notice shall only be entitled to a patent with proper restrictions.

The party applying for a patent shall not be entitled to one if the essential contents of his notice are taken from the descriptions, drawings, models, implements, or contrivances of another, or from a process used by another without his consent, and when objections are raised by the latter on this account. If the objection results in the withdrawal or the rejection of the notice, the party objecting, if he gives notice of the invention within one month from the communication of the decision of the patent office relating hereto, may require that the day before the publication of the former notice be fixed as the day of his notice.

SEC. 4. The effect of a patent shall be that the patentee is exclusively authorized to manufacture the object of the invention, to introduce it into the trade, to offer it for sale, or to use it. If a patent has been granted for a process, the effect extends to productions prepared directly by the said process.

SEC. 5. The effect of a patent shall not be operative against a person who, at the the time when notice was given, had already made use of the invention in the Empire or had made the necessary preparation for using it. Such a person is authorized to make use of the invention for the requirements of his own business in his own factory or in those of others. This privilege can only be transferred or disposed of together with the business.

The effect of a patent shall not, moreover, become operative unless the invention, by direction of the chancellor of the Empire, is to be used for the army or navy, or otherwise in the interest of the public welfare. Still, the owner of the patent, in this case, shall be entitled to a suitable indemnity from the Empire or the State that has demanded the restriction of the patent for its own interest, and in case no agreement can be reached with regard to such indemnity, the matter shall be settled by process of law.

The effect of a patent shall not extend to arrangements on board of vessels temporarily entering the territory of the Empire.

SEC. 6. A claim for the issuance of a patent and the right accruing from a patent shall be transferable to the heirs of the holder. The claim and the right may be transferred to others in case of death, by agreement or by law, either with or without restrictions.