heirs of the owner, and may be transferred by contract or by will.

7. It shall be understood that the rights of ownership in a trade-mark are transmitted by the act of sale or transfer, together with the works or manufacture using the said mark, whenever the contrary shall not have been expressed or stipulated.

The transfer shall be notified at the office of registration of the trade-mark in question.

8. Such trade-marks only shall be considered valid and effective, for all legal purposes, as are accompanied by a certificate of registration from their respective office.

9. Priority or preference in the ownership of a trade-mark shall be decided by the date of presentation of the petition for registry.

10. In order to obtain ownership of a trade-mark it is necessary

(1.) To submit a request to the Minister of Finance and Commerce, enclosing two copies of the trade-mark which it is sought to register.

(2.) To likewise furnish a duplicate description of the mark or device if it consist of some figure or emblem.

(3.) To specify the nature of the articles on which it is intended to affix a mark or distinctive sign, and to state whether such be intended for the purpose of marking the difference between certain products of a manufacture, or to distinguish a particular kind of goods.

(4.) To vouch for the payment of the registration fees by producing the receipt of the Treasurer-General.

(5.) To furnish the power of attorney granted by the maker or merchant owner of the trade-mark in whose name the registration is requested in the event of the parties interested not appearing in person.

11. Registers of foreign trade-marks and of national manufactures and trade-marks shall be kept in the Industrial Department of the Ministry of Finance and Commerce, containing a succinct notice of the petitions for registration sent in, and stating the day and hour of their presentation. Each entry shall be signed by the Chief of the Department, his secretary or assistant and by the petitioner, who shall receive free of costs, beyond the expenses of stamped paper, a copy of the said

entry.

The registers shall be paged and the pages signed by the Minister of Finance.

12. The office for the registration of trade-marks shall moreover keep a book of the entries of grants of ownership of certain trade-marks inscribed in the order of their date.

The Chief of the Department shall submit to the Government every six months a list of the grants accorded or refused during the period above mentioned, with their respective dates, and shall insert this list in the official publications.

13. All classed and registered trade-marks shall be preserved in the archives of the office, and in the event of litigation original documents shall be produced. The register of trade-marks shall be open to public inspection at the office.

14. The certificate of ownership of a trade-mark shall comprise the duplicate copy of the descriptive notice and design originally submitted, together with the petition for registration, and shall be signed and stamped with the Government seal under State authority by the head of the Department.

15. Reconsideration may be demanded from the Government of an adverse decision in the matter of registration of a trade-mark, during a period of thirty days; the appeal shall be decided by the State upon the report of the Fiscal of the Supreme Court.

16. The parties interested or their representatives shall pay the following fees:—

For registration of a foreign trade-mark or name, 100 soles. For the notice of a transfer and the issue of the certificate attesting the same 50 soles.

For the certificate of a first registration 40 soles, and for every duplicate certified copy 20 soles, besides the value of the stamped paper used in the preparation of the said documents. The scale of fees above mentioned shall be reduced by threefourths in the case of national works or manufactures.

17. The name of a merchant or that of a trading or manufacturing company, or the style, title, or designation of a house of business engaged in trade or commerce in any article whatever, shall constitute industrial property and shall come within the scope of this law.

18. A manufacturer or merchant setting up in a branch of business in which other persons bearing the same name are already occupied shall be required to introduce some modification in order that the appellation may be different.

19. All protests of the parties interested concerning damage. or injury suffered must be entered within the term of one

year.

20. Trusts or corporate bodies possess similar rights in respect of the ownership of their name, and are in every way placed in the same position as private individuals.

21. The exclusive right to the use of a name held to be industrial property terminates with the closing of the manufactory or house of business, or with the cessation of the industry so protected.

22. Registration of a name in respect of the ownership thereof is not required in order to benefit by the provisions of this law, but becomes indispensable whenever such a name forms part of a trade-mark.

23. The act of usurping the proprietary rights of a trademark shall be punished by fines varying from 25 to 500 soles, or by a term of imprisonment extending over fifty days or six months. The penalties above stated may be inflicted upon

Persons forging or in any way counterfeiting a trade or manufacturers' mark;

(2.) Those who shall place upon their own product or goods a mark belonging to another person.

(3.) Those who wilfully sell, offer for sale, or accept for sale or circulation goods bearing forged or fraudulently applied trademarks.

(4.) Those who wilfully sell, offer for sale, or consent to buy forged trade-marks or even legitimate trade-marks without the knowledge of the owners.

(5.) Those who shall, with intent to defraud, stamp or affix marks or false designations, either with regard to the nature of the goods, their quality, quantity, number, weight or measure, origin or manufacture.

(6.) Those who wilfully sell, offer for sale, or consent to buy goods coming within the scope of the preceding paragraph. 24. The penalty shall be doubled in the case of a second offence.

25. In order to prove the infringement or usurpation of property rights, it shall suffice that the forged trade-mark be applied to one article.

26. All persons who shall have sold or shall hold for sale goods bearing a forged trade-mark infringing or usurping legitimate rights are under the obligation to inform the owner of the said trade-mark by writing, stating the name and address of the persons selling the goods, or making an offer of sale, together with the date of the commencement of the transaction. Refusal of the information above mentioned entails upon persons so acting the charge of being party to a fraud, and they may be legally prosecuted.

27. Goods bearing forged trade-marks and found in the possession of the forger or his agent shall be confiscated and sold, and the profits derived from the sale applied to the costs and indemnities specified by the law, the surplus going towards the maintenance of the schools of the province in which the act of confiscation was effected.

28. All counterfeit trade-marks found in possession of the forger, and the tools or instruments for the fabrication of the said marks shall be destroyed.

29. The right to accuse offenders in the Criminal Courts lies exclusively with the injured parties; but in the event of legal proceedings being commenced the Public Prosecutor shall take up the case. The plaintiff may, however, at any time prior to sentence being given withdraw from the prosecution and terminate the suit.

30. The injured parties have the power to bring a civil suit for losses and damages against the authors and accomplices of the fraud. The sentence shall be made public at the expense of the guilty party. The right of prosecution lapses after three years from the date of the action complained of, and one year from the date when the owner obtained the knowledge.

31. The same provisions as are laid down for trade-marks shall hold good in cases arising out of the unlawful use of a

name.

32. The registration of trade-marks hitherto made by the Municipal Councils shall be revalidated at the request of the interested parties, extending the privilege to the entire Republic, and the fees in this case shall amount to one-half of the specified scale.

33. The Municipal and Provincial Councils shall forward to the Minister of Finance the books and registers of trade-marks in their possession, and are in future inhibited from any action in the matter.

Provisional Stipulations.

34. Manufacturers who at the time of the promulgation of this law are in possession of a trade-mark shall not obtain the exclusive right to the use of the same within the territory of the Republic unless they fulfil the conditions prescribed by this law. With the object aforesaid the term of one year shall be accorded to them, to be counted from the date of promulgation.

35. If prior to this law being promulgated several manufacturers have been using the same trade-mark, the exclusive right thereto shall pertain to the claimant who shall show proof of having used the same before the others.

If none of the parties interested justifies its claim to priority in the use of a mark, the proprietary right shall be accorded to the manufacturer paying the heavier licence.

In the event of the licences being of equal value, the manufacturer employing the larger number of native workmen shall have the preference.

36. Failing the registration of a trade-mark within the period fixed by Article 34, no one shall assert his exclusive right to the same without fulfilling the conditions laid down for the purpose of claiming the rights of ownership.

37. Before the issue of a certificate of registration of a trademark within the first year of the promulgation of this law, the request of the interested party or parties shall be made public at their cost during a period of thirty days in one of the newspapers in this capital and in another at their place of

residence.

Let it be communicated to the Executive Power in order that its provisions be made known and carried out.

Given by Congress in Lima on the 25th day of October, 1892.

Wherefore let it be printed, published, circulated, and given due effect.

Given at Lima on the 19th day of December, 1892.

REMIGIO MORALES BERMÚDEZ.

RAFAEL QUIROS, Minister of Finance.

PERUVIAN DECREE regulating the Registration of Names, &c., used on Trade-marks. Lima July 9,

1. That, as a better guarantee to industrial interests, it is necessary to regulate the use of the names, names of business firms, portraits, facsimiles of signatures, and geographical expressions used on the trade-marks presented for registration;

2. That, although, by resolutions issued for the purpose in special cases, many abuses have been avoided which might have arisen from the registration of the names belonging to other persons, it is necessary to determine once for all the procedure which must be observed to obtain the registration of marks of the above nature;

Decrees:

ART. 1. The petitions for registration, together with the labels or facsimiles of the marks to be registered, shall be presented to the head of the Section of Industries of the Ministry of Public Works, who will acknowledge the same in the receipt he issues, stating the day and hour on which the documents were presented, and any legal impediments which, in his judgment, render the inscription difficult.

2. Petitions for registration of marks which contain names, names of business firms, portraits, or facsimiles of signatures which are not those of the persons who solicit the registration, shall be kept back until the persons interested produce the authorization of the owners of the same or of their heirs, in which it is necessary that they expressly state that they authorize the use of the said name, portrait, name of business firm, or facsimile of signature.

3. Geographical names can only be registered as such. Petitions for registration of marks that indicate names of estates or localities of private ownership will also be kept back until the interested person produces the authorization of the owner or owners of the said estates or localities granting him permission to use the said names.

4. The term during which the petitions mentioned in this