9th September, 1886, to the Additional Act of the 4th May, 1896, and to the Explanatory Declarationt of the same date. I am instructed by my Government to request your Lordship to be so good as to take note of this supplementary communication. I avail. &c.. C. D. BOURCART. SIR. No. 3.-The Marquess of Salisbury to M. Bourcart. I have the honour to acknowledge the receipt and to thank you for your communications of the 4th and 12th instant, in which you notify the accession of Japan to the International Copyright Convention of the 9th September, 1886, and also to the Additional Act and Declaration of the 4th May, 1896, such accession to take effect from the 15th July next. I note also that Japan will rank in the second class with respect to the contribution to the expenses of the International Bureau. I have, &c., SALISBURY. BRITISH ORDER IN COUNCIL, extending the Orders in Council of 28th November, 1887, and 7th March, 1898,§ relating to International Copyright, to the Empire of Japan. Osborne, August 8, 1899. At the Court at Osborne House, Isle of Wight, the 8th day of August, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord Chancellor. Lord James of Hereford. Lord President. Sir Fleetwood Edwards. WHEREAS on the 9th day of September, 1886, a Convention (hereinafter called "the Berne Convention") with respect to the protection to be given by way of copyright to the authors * See Vol. 20. See Vol. 17. Page 623. Page 610. + See Vol. 20. Page 627. § See Page 539. "London Gazette," August 11, 1899. of literary and artistic works was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the foreign countries following, that is to say: Belgium, Hayti, Switzerland, France, Italy, Germany, Spain and Tunis. And whereas on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her Majesty the Queen and the aforesaid countries. And whereas by an Order in Council dated the 28th day of November, 1887, and made under the authority committed to Her Majesty by the International Copyright Acts, 1844 to 1886,† Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty's dominions to the authors of literary and artistic works first produced in any of the said foreign countries (therein referred to as the foreign countries of the Copyright Union) and otherwise giving effect throughout Her Majesty's dominions to the terms of the said Berne Convention and an English translation of the said Convention was set out in the first schedule to the Order in Council now in recital. And whereas since the date of the said Order in Council hereinbefore recited, the foreign countries following, namely: -Luxembourg, Monaco, Montenegro and Norway have acceded to the said Berne Convention and by Orders in Council dated respectively the 10th day of August, 1888, the 15th day of October, 1889, the 16th day of May, 1893, and the 1st day of August, 1896, and made under the authority aforesaid the provisions of the hereinbefore recited Order in Council of the 28th day of November, 1887, have been extended to the last-mentioned foreign countries respectively, and the last-mentioned foreign countries, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council. And whereas an additional Act‡ to the said Berne Convention was agreed upon between Her Majesty and the following foreign countries for the purpose of varying the provisions of the said Berne Convention, namely:-Germany, Italy, Switzerland, Belgium, Luxembourg, Spain, Monaco, Tunis, France, and Montenegro, and the ratifications of the said additional Act were on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries. And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the herein* See Vol. 17. Page 569. + See Vol. 7, page 579, and Vol. 17, page 559. See Vol. 20. Page 623. before recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said additional Act throughout Her Majesty's dominions so far as regards the foreign countries hereinbefore named as Parties to the said additional Act, and an English translation of the said additional Act is set forth in the schedule to the Order in Council now in recital: And whereas the Republic of Hayti having duly acceded to the said additional Act, the said Order in Council of the 7th day of March, 1898, was by Order in Council of the 19th day of May, 1898,* extended to the said Republic. And whereas it has been intimated to Her Majesty's Government that the Government of the Empire of Japan have notified the accession of that country to the said Berne Convention and additional Act to take effect from the 15th day of July, 1899.† And whereas Her Majesty in Council is satisfied that the said Empire of Japan has made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty's dominions. Now therefore Her Majesty by, and with the advice of Her Privy Council, and by virtue of the authority committed to Her by the said Acts, doth order, and it is hereby ordered as follows: 1. From and after the commencement of this Order the hereinbefore recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall extend to the said Empire of Japan. 2. This Order shall come into operation on the 15th day of July, 1899, which date is hereinbefore referred to as the commencement of this Order. 3. And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly. A. W. FITZROY. BRITISH ORDER IN COUNCIL, applying the Patents, Designs, and Trade Marks (Amendment) Act, 1885, to Japan. Balmoral, October 7, 1899.* At the Court at Balmoral, the 7th day of October, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. His Royal Highness the Duke of Connaught and Strathearn. Lord Balfour of Burleigh. Sir Fleetwood Edwards. WHEREAS by Section 103 of "The Patents, Designs, and Trade Marks Act, 1883," as amended by Section 6 of "The Patents, Designs, and Trade Marks (Amendment) Act, 1885,"‡ it is enacted as follows:- "If Her Majesty is pleased to make any arrangement with the Government or Governments of any foreign State or States, for mutual protection of inventions, designs, and trade marks, or any of them, then any person who has applied for protection for any invention, design, or trade mark in any such State, shall be entitled to a patent for his invention or to registration of his design or trade mark (as the case may be) under this Act, in priority to other applicants, and such patent or registration shall have the same date as the date of the application in such foreign State. Provided that his application is made in the case of a patent within seven months, and in the case of a design or trade mark within four months from his applying for protection in the foreign State with which the arrangement is in force. "Provided that nothing in this section contained, shall entitle the patentee or proprietor of the design or trade mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification, or the actual registration of his design or trade mark in this country as the case may be. "The publication in the United Kingdom or the Isle of Man during the respective periods aforesaid, of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein during such periods of the trade mark shall not invali* "London Gazette," October 17, 1899. + Vol. 17. Page 456. See Vol. 17. Page 552. date the patent which may be granted for the invention or the registration of the design or trade mark. "The application for the grant, of a patent or the registration of a design, or the registration of a trade mark under this section must be made in the same manner as an ordinary application under this Act; provided that, in the case of trade marks, any trade mark the registration of which has been duly applied for in the country of origin may be registered under this Act. "The provisions of this section shall apply only in the case of those foreign States with respect to which Her Majesty shall, from time to time by Order in Council, declare them to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State." And whereas it has pleased Her Majesty to make an arrangement of the nature contemplated by the said Act, by and in virtue of a Declaration signed and sealed by Her Majesty's Ambassador, at Paris on the 17th March, 1884, duly conveying the Accession of Great Britain to the International Convention and Protocol for the Protection of Industrial Property, signed by representatives of certain Powers on the 20th day of March, 1883,† and duly ratified on the 6th day of June, 1884, power being reserved to Her Majesty to accede hereafter to the provisions of the said Convention and Protocol on behalf of the Isle of Man, the Channel Islands, and any of Her Majesty's Possessions, which Declaration of Accession was duly accepted by the French Government on behalf of the signatory Powers by and in virtue of a Declaration dated the 2nd April, 1884.* And whereas by an Order in Council dated the 26th day of June, 1884, and by various subsequent Orders in Council, Her Majesty was pleased to declare that the hereinbefore recited provisions of the said Act, should apply to the several foreign countries named in the said Orders Parties to the said Convention. And whereas on the 15th day of July, 1899, the Empire of Japan duly acceded § to the said Convention: Now, therefore, Her Majesty by and with the advice of Her Privy Council, and by virtue of the authority committed to Her by the said first mentioned Act doth declare and it is hereby declared that the provisions of Section 103 of the said Act as amended by Section 6 of "The Patents, Designs, and Trade Marks (Amendment) Act, 1885," shall also apply to Japan. * See Vol. 17. Page 408. + See Vol. 17. Pages 401, 405. |