II.

Furthermore, the Fourth International American Conference considers it very useful, in order to strengthen the solidarity among all the States of this continent, that there should be an interchange of students between American universities, and to that end,

RESOLVES

(1) To recommend that the universities of America create scholarships in favor of the students of other countries of the same continent with or without reciprocity, taking either directly or acting through the Governments on which they depend the necessary measures to carry out this resolution.

(2) Each university that has established such scholarships shall appoint a commission charged with the care and assistance of the students who receive such help from the Government, to direct them in their studies and take all the necessary measures in order that they may faithfully fulfill their duties.

(3) Whenever a foreign student is enrolled in a university, the latter shall register his name in the proper course of studies in accordance with the curriculum and the ordinary rules and regulations.

CONVENTION (August 20, 1910).

(Patents of invention and industrial drawings and models.)

The Fourth International American Conference, assembled at Buenos Aires, resolves:

ARTICLE I. The signatory nations adopt this convention for the protection of patents of invention and industrial drawings and models.

ART. II. Any person of any of the signatory States shall enjoy, in each of the other States, all the advantages granted by the laws relating to patents of invention and industrial drawings and models. Consequently he shall have the same protection and legal recourses against any infringement against his rights. This article to be without prejudice to the fulfillment of such formalities and conditions as are imposed by the provisions of the interior legislation of each State.

ART. III. Every person who has duly filed an application for a patent of invention or an industrial drawing or model in one of the contracting States shall enjoy the right of ownership for a period of twelve months

in the case of patents of invention and of four months in the case of industrial drawings or models, in order that the filing may be made in the other States. This article to be without prejudice to the rights of a third party.

In consequence, the subsequent filing in any of the signatory States. before the expiration of the periods specified, shall not be annulled by any acts which may occur in the interval, either especially by means of another filing, by the publication or exploitation of the invention, or by the sale of samples of the drawings or models.

ART. IV. Whenever, in the period or term fixed, a person has filed in several States applications for patents for one and the same invention, the rights resulting from the patents thus applied for shall be independent of each other. They shall also be independent of the rights derived from such patents as may have been acquired for the same invention in countries not being a party to this convention.

ART. V. Such questions as may arise concerning the priority of patents of invention shall be decided, taking into consideration the date of the application of the respective patents in the countries where they were granted.

ART. VI. The following shall be considered as an invention: A new method of manufacturing industrial products; a new machine or mechanical or manual apparatus which may serve to manufacture said products; the discovery of a new industrial product; the application of known means for the purpose of obtaining better results; and every new, original, and ornamental design for an article of manufacture.

The foregoing provision shall be understood without prejudice to the laws of each individual country.

ART. VII. Any of the signatory States may refuse to recognize the patents for any of the following reasons:

(a) Because the inventions or discoveries have been published in any country before the date of the invention claimed by the applicant. (b) Because they have been registered, published or described in any country one year previous to the date of the application in the country in which the patent has been applied for.

(c) Because it has been in public use or for sale in the country in which the patent has been applied for one year previous to the date of said application.

(d) Because the inventions or discoveries may be in some manner contrary to the morals or to the laws of the country.

ART. VIII. The property of a patent of invention includes the right of enjoying the benefits of the same and the right of ceding or transferring it in accordance with the laws of the country.

ART. IX. Any person incurring civil or criminal responsibilities owing to injury or damage to the rights of inventors shall be prosecuted and punished in conformity with the laws of the country where the crime has been committed or the damage caused.

ART. X. The certified copies of patents of invention in the country of origin in accordance with the laws of the nation, shall be given entire faith and credit as a proof of the right of priority, without prejudice to the provisions contained in Article VII.

ART. XI. Treaties on patents of invention, industrial drawings or models entered into previously between the signatory countries of the present convention, shall be substituted by the latter as soon as it shall be ratified in so far as it concerns the relations between the signatory States.

ART. XII. The adherence of the American nations to the present convention shall be addressed to the Government of the Argentine Republic, in order that the latter may communicate the same to the other States. These communications shall have the effect of an exchange.

ART. XIII. The signatory nation who may deem it convenient to withdraw from this convention shall notify the Government of the Argentine Republic, and one year after the receipt of said communication this convention shall cease to be in force in so far as it concerns the nation that has denounced it.

RESOLUTION (August 20, 1910).

(Consular documents.)

The Fourth International American Conference, assembled at Buenos Aires, resolves:

I. To recommend to the countries which require the general manifest of entry, to omit the consular certificate of said manifest.

II. To recommend to the countries which have adopted the consular manifest of shipment, the adoption of the accompanying model of manifest. (See attached forms.)

III. To recommend to the countries which may adopt the attached form of consular invoice, not to require the consular certification of the bill of lading.

IV. To recommend the use of the attached consular invoice. The latter shall bear on the reverse the spaces intended for the declarations of the seller, manufacturer, or agent, and of the consular certificate, the wording of which shall be made in conformity with the legal provisions of each country.

V. To recommend to such countries as may adopt the model of invoice presented, not to demand the certificate of origin, the statements of which are contained in said invoice model.

VI. That the consular fees shall be moderate and shall not constitute an indirect way of increasing the income derived from custom-house duties, and it is hereby declared that it is beneficial to the interests of the international commerce of the Western Hemisphere to reduce these duties as much as possible, whatever may be the form adopted for the collection of same, so that they may not exceed the amount necessary to cover the expenses caused by the consular service.

VII. To recommend to the governments of the countries represented at this conference to send instructions to their consulates, requesting that they keep their offices open in order that the consular documents may be viséed during the same hours in which the custom-houses of the countries where they are accredited transact business, and to recommend to the governments to insist upon the compliance with the foregoing instructions.

a This column may be omitted by countries which used to require it in the consular manifest.

(Signature of the seller, manufacturer, or authorized agent.)

On the reverse shall appear the following signatures:

Declaration:

Consular certificate.

Of the seller, manufacturer, or authorized agent: The consul of..

I, Mr.

captain of the said vessel, hereby declare that I have not shipped any other cargo on board this vessel than as above stated, with the exceptions of the provisions of the vessel, and that during my voyage I shall make such other declaration in writing as should be added to those made in this manifest, on account of lack of volume as well as of an increase of the same, in order to deliver it, together with the said manifest and the corresponding bill of lading, to the first customhouse officer that may come on board of the vessel under my command at the port of destination.

The consul of (place and date) certifies that this manifest, in conformity with bills of lading and certificates of consign

ment, is legalized by all the declarations required by the custom-house regulations of -, with corrections, erasures, or interlineations.

In testimony whereof I sign these presents and affix the seal of the consulate.

[SEAL.]

(Place and date.)

(Signature of consul.)