Full text: Der Wirtschaftskrieg

73 
i) Suspension will, as a general rule, only be gran- 
ted in the following cases: 
a) Where the trade-mark is the name of a patented 
article, and a licence is granted under the patent 
protecting it; 
b) Where it is the only name, or only practicable 
name. of an article manufactured under an expired 
patent. 
c) Where it is the name or the only practicable name 
of an article manufactured in accordance with a 
known process or a formula which has been pu- 
blished or is well known in the trade. 
ii) Generally speaking, Suspension will not be gran 
ted in the case of pictorial devices. 
14. It may be added that the applications for 
Suspension of trade-marks have not been numerous, 
and the Orders made bare strictly followed the above 
rules, which, in fact, merely embody the existing prin- 
ciples of English law applicable to trade-marks. 
15. As regards designs, only one application has 
been made, and in this case the same principles were 
applied as in cases where patent rights were involved. 
16. By another provision of the rules made the 
above legislation, the Patent Office is given power to 
extern! the time for the doing of any act or of paying 
any fee during the continuance of the war in the follo 
wing cases: 
a) Where it is shown to the Comptroller's satisfaction 
that the applicant, patentee, or proprietär, as the 
case may be, was prevented front doing the said 
act, or filing the said document, by reason of 
active service or enforced absence from this coun- 
try, or any other circumstances arising from the 
present state of war, which, in the opinion of the 
Comptroller, would justify such extension. 
b) Where the doing of any act would, by reason of 
the circumstances arising from the present state 
of war, be prejudicial or injurious to the rights 
or Interests of any applicant, patentee, or pro- 
prietor as aforesaid. 
17. The pover has been and will be generously 
exercised. The period of extension is unlimited, and 
the Order may be made ad any time during the exis- 
tence of the rules, notwithstanding that the proper 
time for the act or payment has passed. It may be 
added that the power is in the discretion of the Comp 
troller-General of Patents, and its exercise may be 
attected if reciprocity is not accorded by the enemy 
authorities in the case of patents held in enemy coun- 
tries by British Subjects. 
British Establishments of German Banks. 
18. As soon as possible after the outbreak of war, 
licence was issued by the British Gouvernment to the 
German banks in London (the Deutsche Bank (Berlin), 
London Agency, theDirection der Disconto-Gesellschaft, 
and the Dresdner Bank), nnder the terms of which they 
are permitted on banking business in the United 
Kingdom, subject to certain limitations and conditions. 
Copies of this licence, dated the 19th August, 1914. 
and of an amended licence, dated the 19th September, 
1914, are annexed hereto (Siehe S. 74/75); the 
latter licence was issued to dehne more clearly the 
liabilities of the banks which would rank for payment 
out of the assets in London. 
19. Under clause 3 of the licence, the Treasury 
have appointed a Controller to supervise the operations 
of the banks, and he, in turn, has appointed an of- 
hcial Supervisor to act on bis behalf at each of the 
banks. The supervisions is intended not to interfere 
with the management of the banks’ business, whicli 
has remained in the hands of the Managers, but to 
ensnre that the terms of the licence shall be carried 
out. No members of the staffs of the banks have been 
dismissed. 
20. The business to be undertaken by the banks 
is limited to the completion of transactions entered 
into before the outbreak of war and to the payment 
(other than to enemies) of liabilities incurred as a 
resnlt of such transactions which would ordinarily be 
discharged by the London establishments of the banks. 
Payment of liabilities was suspended during the cur 
rency of Moratorium, but with the assistance of the 
Bank of England (which extended to the German 
banks the facilities granted to accepting houses in 
September last under an arrangement made between 
the Bank of England and the Treasury), the banks 
have been enabled to resume payment of their liabi 
lities in full. Payments have been made by the three 
banks to date totalling 18,390.000 £ and very large 
sums, amounting to upwards of 5,650.000 £, are now 
due to the Bank of England in respect of advances made 
under the Treasury arrangement referred to. These 
advances are repayable as and wben cover is received 
from Clients, but the Bank of England has undertaken 
not to claim repayment from the German banks of 
any amonnts not so reeovered until the expiration of 
one year after the dose of the war. It is extremely 
nnlikely that there will be any surplus to pay to the 
Bank of England under clause 4 of the licence. 
21. Particulars of seenrities held by the banks 
for acconnt of enemies have been furnished to the 
Custodian appointed under „The Trading with the 
Enemy Amendment Act, 1914“, but the seenrities 
themselves at present remain in the possession of the 
banks. 
British Establishments of Anstrian Banks. 
22. As soon as possible after the outbreak of war. 
a licence was issued by the British Government to the 
Anstrian banks in London (the Oesterreichische Länder 
bank and the Anglo-Anstrian-Bank), under the terms 
of which they are permitted to carry on banking 
business in the United Kingdom, subject to certain 
limitations and conditions. Copies of Ibis licence, dated 
the 13th August, 1914, and of an amended licence. 
dated the 19th September, 1914, are annexed hereto
	        
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