Der Wirtschaftskrieg

Bibliographic data

Monograph

Identifikator:: 1024656551

URN:: urn:nbn:de:zbw-retromon-49829

Document type:: Monograph

Title:: Der Wirtschaftskrieg

Edition:: Zweite, nach dem Stande vom 31. Juli 1915 ergänzte Auflage

Place of publication:: Wien

Publisher:: Verlag der Niederösterreichischen Handels- und Gewerbekammer

Year of publication:: 1915

Scope:: 1 Online-Ressource (II, 171, V Seiten)

Digitisation:: 2018

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: XII. Britische Kolonial- und Überseegebiete

Collection:: Economics Books

134 are neither resident nor carrying on business in the enemy country. In the case of incorporated bodies, enemy character attaches only to those incorporated in an enemy country. (Gewerblicher Rechtsschutz und Urheberrecht 1915, S. 93.) Nen-Seeland. IV ar Measures. Patents, Designs and Trade Marks Acts and Regulation s, Effective Not. 2, 1914. In the Patent Office Journal (New Z e a 1 a n d), 659, appears the text of the Patents, Designs, and Trade Marks Amendment Act, 1914 No. 48), of Nov. 2, 1914, amending and becoming part of the Patents, Designs, and Trade Marks Act., 1911. It empowers the Governor, by Order in Council, to make necessary regulations for (a) avoiding enemy Patents or licenses; (b) avoiding or suspending regi- strations of and resulting rights in enemy owned designs or trade marks; (c) avoiding or suspending any application made under the combined Acts, now known as the „principal Act“; (d) the licencing or granting to other persons of such avoided or sus- pended rights; and (e) extending such terms for legal compliance with the principal Act as may be needed, The grantee of a patent under this Act shall be con- sidered to he the person entitled to the benefit of the patent, save proof to the contrary, when, in the appli cation, he is declared the Dominee or assignee of the Inventur or bis legal snccessor. For the purposes of this Act, an enemy is defined substantially as in the corresponding British Act. Regulations may retroact to the date of this Act; and the Act and its regulations shall continue in force until six months after the dose of the war. By virtue of this Act the Governor on Dec. 14 1914, issued Patents (Temporary) Regulations, 1914, effective Dec. 17, 1914, providing that before avoi- dance or Suspension—according to the Act — the Governor in Council may require to be satisfied (a) that the patentee or licence be an enemy; (b) that the applicant for license intends to exploit the license or right; and (c) whether it be to the genoral Interests of the country or of the Community that such article be manufactured or such process carried on. Avoi- dance or Suspension may be revoked, or the patentee may be required to compensate for his restored rights. In addition Provision is made regarding the fees, forms and procedure required. The Registrar of the Patent Office is empowered to make such necessary rules and provisions as result from the state of war to safeguard the rights of applicants and beneficiaries under the Act, and to graut extensions or suspend rules for reasons due to the state of war. At the same time Trade Marks (Temporary) Regulations, 1914, were issued, relating to the avoi- dance or Suspension of trade marks, by which the Governor in Council before so acting may require proof that (a) the proprietor of the marks is the Sub ject of an enemy State; (b) that the applicant intends to manufacture or cause to manufacture the articles in respect of which the trade mark is registered; and (c) that such avoidance or Suspension is for the public good. Additional powers of the Governor in Council and the procedure to be followed, as well as certain discretionary powers of the Registrar, are analogous to those contained in the above Patents (Temporary) Regulations. In the Patent Office Journal (New Zealand). 666, under „Procedure to be followed . . . under the above Regulations“, it is provided under (5) as follows: „As regards inventions for which patents are applied for by the nominee or assignee of the inventor, or some persons deriving the invention from such actual 'nventor, fliese will be treated in the same manner as if made directly by the inventor.“ (Gewerblicher Rechtsschutz und Urheberrecht 1915, S. 94.)

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