4. Should the interested party have the "cliché" made at the School of Arts and Trades, same shall charge not more than 4 soles silver for each piece of work. 5. Publication shall be made monthly in the bulletin of the Department of Fomento (Commerce) of a list of the marks which have been registered during the month, together with a graphic reproduction of each and a statement of the article or articles to which they are applied and the class or classes to which they belong, in conformity with the denominations contained in the Decree of the 16th July last.* Given at Government House, Lima, on the 6th day of the month of August, 1909. D. MATTO. A. B. LEGUIA. PERUVIAN DECREE regulating the Registration of Trademarks.- Lima, September 10, 1909. (Translation.) THE President of the Republic, Considering: 1. That in order to secure the better fulfilment of the law regarding trade-marks, it is expedient to regulate the observance of some of its dispositions; and 2. That it is likewise necessary to give to registered trademarks all the guarantees to which they have a right, such as that of making difficult any attempt at falsification or imitation; Decrees: ART. 1. The industrial section of the Ministry of Fomento (Commerce) shall publish in "El Peruano" on the last day of each month a list of the trade-marks which have lapsed during the course of that month owing to the expiry of the ten years term of guarantee which is granted by law to registered trademarks; and it shall not admit applications for the registration of extinct trade-marks except by persons who have not been the owners of same, until three months after the publication has been made to which this article refers. 2. Each mark requires a separate registration, and accordingly the registration of two or more marks cannot be requested in the same application, though their owner be one and the same person. Consequently each registration also implies the issue of the corresponding certificate of ownership. 3. The transfer of ownership of a registered trade-mark shall be recorded in the cases cited in Article 6 and 7 of the Law, subsequent to the written request of the owner. When the party See page 739. * See page 745. requesting the record of transfer is a different person, the interested party shall accompany the special petition he presents with an authentic document in proof of the cession of the rights appertaining to the original owner; in which case a special resolution shall be issued making the proper annotation in the books and issuing a new certificate. 4. In the case of the successors of an owner of a mark, in which appears the name or the name of the business firm of their predecessor, continuing to use it as a registered trade-mark, it shall be an indispensable requisite for them to have the transfer registered, which operation shall be performed gratis, and a note thereof shall be made in the register as soon as the resolution in point has been issued. 5. The owner shall be allowed to introduce in a trade-mark slight modifications of detail which do not alter it as a whole, e.g., the addition of medals or rewards obtained, &c., it being well understood that these shall not be permitted when by such modification they tend to create confusion with another registered mark. 6. The modifications authorized by the foregoing Article shall not be subject to the payment of any due; but it shall be obligatory for the person making them to submit, together with the proper application, four copies of the mark in its modified condition and the "cliché" for its impression, and he shall publish an advertisement in " El Peruano" during a period of five days, so that any persons who may consider themselves prejudiced may formulate the corresponding claim. 7. The modifications referred to in the two foregoing Articles imply in themselves the annulment of the first registration, it being understood that the marks thereby dealt with shall not be considered as registered, except during the interval before the cancellation of the former. 8. Alterations shall not be allowed in any name or name of business firm that forms part of a trade-mark, unless such alteration be registered. Alterations of this kind made independently of the registration will signify its extinction. 9. When two applications for the registration of a trade-mark shall be presented simultaneously, preference shall be given to the person who shall prove his previous use of it; in like circumstances, or when neither has previously made use of the mark, the application of a national citizen shall be preferred; and if both belong to national or to foreign citizens, he who shall prove himself to have been the first to establish his industry; and if it is a question of an industry not yet established, both shall be required to make variations in the mark. 10. In cases where it is impossible to institute the formalities of an application on account of the non-production of the documents necessary for the registration, precedence shall be granted in accordance with the dispositions of Article 9 of the Law, counting from the date on which the documents shall be presented, due record of the fact being entered in the proper book 11. Trade-marks applied to articles other than those for which they are designed in the respective certificate of ownership shall be considered as unregistered. 12. Only the holders of a certificate of ownership of a trademark issued by the Ministry of Fomento (Commerce) have the right to make use of the term "Trade-mark, Registered," or the equivalent initials "M.R.," on the mark to which the certificate refers. Persons making use of this term without the proper right shall be considered to have transgressed Article 23 of the Law of the 19th December, 1892.* 13. For purposes of reclamation to the Ministry of Fomento (Commerce) for the falsification or imitation of a registered trade-mark, it is not necessary to be the owner of the mark. Every manufacturer or consumer who may consider himself prejudiced by a falsification or an imitation, has the right to lodge a complaint and to take measures for prosecution. Given at Government House, Lima, on the 10th day of the month of September, 1909. D. MATTO. A. B. LEGUIA. PROTOCOL concluded between China and Peru confirming the Validity of the Commercial Treaty of June 26, 1874. -Signed at Lima, August 17, 1909.† IN the Foreign Office of Peru, being present the undersigned Dr. Melitón F. Porras, Minister of that Department, and Dr. Wu Ting Fang, Envoy Extraordinary and Minister Plenipotentiary of the Chinese Empire, with the object of putting an end to the imperfect understanding concerning the duration of the Treaty of Friendship, Commerce, and Navigation of the 26th June, 1874, between Peru and the said Empire, they agreed to place on record the following: Mr. Wu Ting Fang said that, as already stated by him in a note to the Ministry, his Government was of the opinion that Article XVIII of the said Treaty of 1874 did not limit its duration to twenty years in case either of the Contracting Parties should fail to give the other six months' notice of its intention to modify it, since the Chinese version of the Treaty only states that should the previous notice referred to not be given, the Regulations established in the Treaty shall continue in force." 66 The Foreign Minister pointed out that, if indeed keeping to the wording of the English and Spanish versions his Department had maintained that the Treaty of 1874 lapsed twenty years after its conclusion, a knowledge of the terms of the text in the * See Page 739. † Approved by Peruvian Decree of August 17, 1909. Vol. LXVI, page 1125. Chinese language, and a fresh study of the antecedents of the negotiations for the Treaty had convinced him that in reality it had not entered into the intentions of the Plenipotentiaries who concluded that Treaty to fix the said space of twenty years as the term of its duration. For which reasons the Undersigned agreed to place on record in this document that the Republic of Peru and the Chinese Empire consider that the Treaty of Friendship, Commerce, and Navigation, which was signed at Tien-tsin on the 26th June, 1874, by the Plenipotentiaries MM. Aurelio García y García and Li Hung Chang, is in force, and that it will continue to be valid in all its effects. In faith whereof, and with the authorization of their respective Governments, they sign and seal the present Protocol with their private seals, in duplicate, at Lima, on the 17th day of August, 1909. (L.S.) M. F. PORRAS. ARBITRATION CONVENTION between the United States and Peru.-Signed at Washington, December 5, 1908.* [Ratifications exchanged at Washington, June 29, 1909.] THE Government of the United States of America, signatory of the two Conventions for the pacific settlement of international disputes, concluded at The Hague, respectively, on the 29th July, 1899,† and the 18th October, 1907, and the Government of the Republic of Peru, adherent to the said Convention of the 29th July, 1899, and signatory of the said Convention of the 18th October, 1907; Taking into consideration that by Article XIX of the Convention of the 29th July, 1899, and by Article XL of the Convention of the 18th October, 1907, the High Contracting Parties have reserved to themselves the right of concluding agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment; Have authorized the Undersigned to conclude the following Convention:— ART. I. Differences which may arise of a legal nature, or relating to the interpretation of Treaties existing between the two Contracting Parties, and which it may not have been Signed also in the Spanish * "United States Treaty Series," No. 528. language. + Vol. XCI, page 970. Vol. C, page 455. [1908-9. CII.] 3 C possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honour of the two Contracting States, and do not concern the interests of third parties. II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special agreement, defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Peru shall be subject to the procedure required by the Constitution and laws thereof. III. The present Convention is concluded for a period of five years, and shall remain in force thereafter until one year's notice of termination shall be given by either party. IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Peru in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate, in the English and Spanish languages, at Washington, this 5th day of December, in the year 1908. (L.S.) ELIHU ROOT. PORTUGUESE DECREE relating to the Native Labour Regulations for the Province of San Thomé and Principe. --Lisbon, July 17, 1909.* (Translation.) TAKING into consideration the facts laid before me by the Minister and Secretary of State for the Department of Marine and Colonies; Availing myself of the power granted to the Government by § 1 of Article 15 of the first additional act of the constitutional charter of the kingdom; and Having sought the opinion of the Consultative Board for the Colonies and of the Council of Ministers; * Modified by Decree of December 9, 1909. Page 1012. |