73
i) Suspension will, as a general rule, only be granted
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 published
or is well known in the trade.
ii) Generally speaking, Suspension will not be granted
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 principles
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 following
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 country,
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 proprietor
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 existence
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 Comptroller-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 countries
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 ofhcial
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 currency
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 liabilities
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 Länderbank
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
