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been informed thereof by the Patent-Commission in a registered letter, or, if his place of residence is not known, having been advised by a public announcement issued by them, does not within a term fixed by the Commission send in a declaration respecting a new attorney;
(4.) In case the patentee has not within three years from the issue of the patent made use of the invention in Denmark, or in case he subsequently for more than one year has failed to do so. The Patent-Commission shall, however, have the power, if timely application to that effect be sent in, to prolong these terms, if it should be shown that circumstances for which the patentee cannot be held responsible, have prevented use being made of the patent. The Patent-Commission shall also have the power to exempt the patentee from the duty of manufacturing the object patented in Denmark, if it should appear that the expenses connected therewith do not stand in a reasonable proportion to its use in this country, on the condition that the patentee takes care that the object patented be always kept on sale.
24. Any person who considers that a patent has become void pursuant to the regulations in Section 23, or as being at variance with any of his rights or pursuant to Section 1, subsection 3, ought not to have been granted, or at any rate only with a narrower scope, may bring an action at law in order to get the patent adjudged to be null and void or invalid in the Danish Court of first Instance in the district where the patentee or his attorney resides.
A copy of every judgment, by which a patent is adjudged to be annulled or void, is to be sent in by the said Court to the Patent-Commission.
25. Any person who has infringed the rights founded upon a patent (Section 5) is bound to indemnify the person wronged for all damage thereby caused him in accordance with the ordinary regulations in force respecting indemnification for damage; the objects which have been unlawfully imported, manufactured, or offered for sale shall also, if the person wronged demands it, be delivered to him on payment of their value or on a corresponding deduction being made from the indemnification due to him. If the party concerned has intentionally infringed the patent-right, he will be punished with fines not exceeding 2,000 kroner, and in cases of repetition with fines not exceeding 4,000 kroner or imprisonment.
Such a liability may also be enforced after the patent has expired or become void, in so far as the infringement has taken place before that time.
26. Actions involving punishment according to Section 25 shall be treated as private police cases.
In course of the action the objection that the patent has become void or invalid must be taken into consideration in giving judgment in so far as the question of the conviction or the acquittal of the accused depends thereon.
Any punishment as well as indemnification pursuant to this law falls to the ground when no complaint has been made respecting the infringement within one year after it has come to the knowledge of the patentee, or within three years after it has been committed.
27. This Law does not apply to patents which have been granted according to the rules hitherto in force. A patent, which is still valid on the coming into force of this Law, may, if this Law does not offer any obstacle to the obtaining of a patent for the invention in question, be exchanged during a period of three years after the coming into force of this Law for a patent, which becomes subject to the provisions of this Law. In this case the question of the fulfilment of the conditions mentioned in Section 1, sub-section 3, is to be decided according to the circumstances existing at the time when the original application was sent in, and the duration of the patent shall be reckoned from the issue of the original patent; no fee shall be paid on the sending in of the application or previous to the issue of the patent, whereas for the time subsequent to its being issued, a yearly fee according to Section 7 shall be paid, which fee shall be reckoned from the day of issue of the original patent.
Applications for patents which are sent in, but not finally decided on before the coming into force of this Law, shall be treated and the patent granted or refused according to the regulations hitherto valid, provided the applicant does not within 14 days after the coming into force of this Law send in to the Minister of the Interior a demand in writing, to the effect that the provisions of this Law may be applied to the application for a patent, and he at the same time pay the fee of 20 kroner prescribed in Section 11. In such cases the question of the fulfilment of the condition mentioned in Section 1, sub-section 3, shall be decided on according to the circumstances existing at the time when the original application was sent in, which time will also be decisive with regard to the relation of the application to other applications, whereas in other respects the application shall be considered to have been sent in on the sending of the said request to the Minister of the Interior.
28. When an invention is exhibited at an International
Exhibition in Denmark, which is acknowledged as such by the Minister of the Interior, the inventor shall, if he sends in an application to the Patent-Commission within six months after the invention has been shown at the exhibition, be entitled to obtain a patent without regard to the circumstance whether the invention in the course of this period has been so described or brought into use as mentioned in Section 1, sub-section 3.
It may be provided by Royal Ordinance that the above shall also apply to inventions which are exhibited at International Exhibitions in a foreign State, in case such exhibitions are recognized by the Government of the State in question.
It may further be decided by Royal Ordinance:
(1.) That an inventor, who in a foreign State has sent in an application for a patent for an invention, in case he within seven months thereafter sends in an application for a patent in Denmark for the same invention, shall be entitled to get such a patent, without regard being had to the circumstance whether the invention has during this period been so described or brought into use as mentioned in Section 1, sub-section 3; and
(2.) That the application, which has thus been sent to Denmark, as regards its relation to other applications shall be considered as having been sent in simultaneously with the sending in of the application to the foreign State.
29. Detailed regulations respecting the method of procedure of the Patent-Commission, the form and contents of patents, as also what is further necessary for the carrying out of this Law shall be determined by the Minister of the Interior. 30. This Law shall come into force two months after its publication in the Danish Law-Gazette.
All parties concerned shall comply with the preceding
Given at the Palace of Amalienborg, the 13th day of April, 1894, under our Royal hand and scal.
(L.S.) CHRISTIAN R.
DANISH LAW respecting Nationality and Naturalization. [Received the King's Assent, March 28, 1898.]
SEC. 1. The character of a Danish-born subject is acquired by birth by legitimate children if the father is a Damsh-born subject, irrespective of whether their birth takes place on national or on foreign territory.
2. Persons not having acquired Danish nationality by birth,
but who have been born in the kingdom, shall acquire such nationality if they have been continuously resident in the kingdom up to the completion of their 19th year of age, unless in the course of the last year they have made before the chief authority (in the case of Copenhagen before the Chief Magistrate) a written declaration that they do not desire to acquire Danish nationality, and at the same time produced a certified proof that they possess the rights of nationality in a foreign State. This declaration, however, cannot be made with legal effect by the child of a foreigner who has, in the same manner, established his claim to foreign nationality.
The nationality acquired by a man, in accordance with the provisions of this clause, accrues equally to his wife and legitimate children.
3. A foreign woman who marries a man possessed of Danish nationality acquires by her marriage the same rights of nationality,
If the parties to the marriage have had children together previous to the solemnization of the marriage, these children, provided they be minors (i.e., under 18 years of age), equally acquire Danish nationality.
4. Danish nationality may also be acquired by naturalization in accordance with the Constitutional Law of the 28th July, 1866, Section 51.
The naturalization of a man includes that of his wife and legitimate minor children, provided that nothing to the contrary is laid down for the particular case in question.
5. Danish nationality is forfeited by anyone becoming subject of another State. On the naturalization of a man in a foreign State, his wife, or legitimate minor children, unless they remain in Denmark, equally lose their Danish nationality, but only in case of his naturalization in the foreign State in question equally conferring on them the rights of nationality in that State.
Whoever desires to become the subject of a foreign State may, by a Royal Resolution, be freed from his nationality in Denmark. This freedom is, however, only granted on the condition that such person shall become the subject of another country within a given time.
6. A woman who marries a man who does not possess Danish nationality loses her Danish nationality.
If such people have children before their marriage, the children lose their Danish nationality if they are minors when the parents marry. If they are of age at that time they keep their Danish nationality.
7. If any Danish man, or any spinster more than 18 years old, or any widow, or any divorced woman after the dissolution of her marriage, shall have resided abroad for an unbroken
period of 10 years, they shall lose their nationality (compare Section 8), unless their absence is due to their being officially employed by the Government, or unless they have reserved their nationality by making a written declaration in the prescribed form at the Danish Legation or Consulate where they reside, within the expiration of the above-mentioned period of time. A similar declaration must be made every 10 years, reckoned from the previous declaration.
Only the person himself who has emigrated can make this declaration, and his children, and their widows.
The wife and legitimate minor children of such persons also lose their Danish nationality if they do not remain in the realm.
The conditions enumerated in this section may be cancelled or modified by agreement with a foreign Power as regards such Power.
8. A person who, according to the regulations in Section 7, has lost his Danish nationality, but has not assumed foreign nationality, resumes his nationality by taking up his residence in the kingdom, or even without such residence, by special permission of the King.
The wives and legitimate minor children of such men who have thus resumed their nationality acquire thereby Danish nationality even if they retain their residence abroad, notwithstanding that the marriage and birth may have taken place after the man's loss of nationality, and that the marriage and birth, in themselves originally, have not been sufficient to give them nationality.
9. An illegitimate child whose mother possesses Danish nationality acquires Danish nationality by its birth, whether the birth take place in this country or abroad.
In cases where, according to this law, legitimate children take the nationality of their father, illegitimate children similarly take the nationality of their mother.
Should the mother lose her nationality by marriage with. one who is not the father of her children, no change is thereby effected in the nationality of her children.
10. Children in the kingdom about whose nationality nothing is known shall be considered as having Danish nationality until further proof.
11. Section 2 of this Law is also applicable to people born before the Law shall have come into force, but who have not yet acquired nationality according to the Decree of the 15th January, 1776, Section 9. A woman likewise acquires nationality who at the time this Law comes into force is living in lawful wedlock with a man who possesses Danish nationality.
Moreover, the terms of this Law only apply to cases in which the circumstances which have been the ground of the