Page:United States Statutes at Large Volume 38 Part 2.djvu/444

 CONVENTION——INDUSTRIAL PROPERTY. JUNE 2, 1911. 1661 vided they comply with the formalities and requirements imposed by the National laws of each State upon its own citizens. Any obligation D omrcile not we of domicile or of establishment in the country where the protection is q°°°d` claimed shall not be imposed on the members of the Union. Anrrcui 3. The subjects or citizens of countries which do not form part of the Ri MS ·>f *·¤id•¤¢¤ Union, wht; are gpllqliciled or owiln effective aqd bonafficllle industrial op g$°i¤iiii$§i°°°‘°db°rL°g commercia esta ments in the territory 0 any o the countries o the gnion, shpll be assimilated to the subjects or citizens of the conrac mg coun ries. Anrrcmz 4. (a) Any erson who shall have duly filed an ap lication for a R‘gm°’ §"°"“f “’ patent, utility model, industrial design or model, orptrademark, in contracting ummm one of the contracting countries, or the successor or assignee of such person_ shall enjoiy, for the purppse of filing application m the other countries, and su ject to the rig ts of third parties, a right of priority during the periods hereinafter specified. (b) Conse uently, the subsequent filing in one of the other coun- E“°°‘· tries of the Union, prior to the expiration of such periods, shall not be mvalidated by acts performed in the interval, especially, by another apphcation, by pub `cation of the invention or the working of the scgme, by the sale of copies of the design or model, nor by the use of e mar. (c) The periods of priority above referred to shall be twelve P•¤¤¤· months for atents and models of utility and four months for industrial des' anti) models as also for trademarks. _ _ (Ei Whoever shall wish to avail himself of the qlnorrity of an anterior q,R,§§_""“"°‘ "' filling, shall befreqilisired to mike la declaratiolq 51 qiwing the date ind t e country o t filing. ac country s etermine at w at moment, at the latest, this declaration must be executed. This information shall be mentioned in the publications issued by the competent Administration, particularly on patents and the specifications relative thereto. The contracting countries shall require of one who makes a declaration of priority the roduction of a copy of the apph· °“€i°“ "‘”°°t5°?§i°Xand’i°mSY"?g2* °“§t.P‘§’Zi.‘$‘i1SE' “§°§1’§i‘3f2§H§d ’°%1SS arueco y e raionw c_ av ec _. co wy shaghe dispensed from any legalisation. It mgEIbe required that it be accompanied by a certificate of the date of g •1§Sl11I1g from this Administration, and of a translation. Other formalities shall not be required for the declaration of priority at the time of the filing of the application. Each contracting countrg _ shall determine the consequences of the omission of the forma ties prescribed by_the p;·esent_article, unless these consequences exceed the loss of the right 0 riont. ic;) Lager other justifications can be demanded. ,,,,,F§°°' '°‘*“"°‘ Anrrcnm 4}. Patednts applied for in ge qiffgrerét contracting clpuntries by per- ,,f§,§l,§’,{;’,§,‘,{'2;’§§§ °' sons a mitte to th ben t o the onvention in the terms 0 articles 2_ and 3, shall be independent of the patents obtained for the same_mvention in the other countries, adherent or not to the Union. This provision shall be understood in an absolute manner, particularlyin the sense that the patents applied for during the term of priority are independent, as much from e point of view of the causes gf nulhty and o forfeiture as from the pomt of view of the normal uration. 96497°—-vox. 38-1-1- 2128