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cial or trade marks, as well as the false representation of the origin of the product, shall be prosecuted by the interested party, in accordance with the laws of the State in whose territory the crime has been committed.
For the purposes of this article the following shall be considered as interested parties : Any producer, manufacturer, or merchant engaged in the production, manufacture, or trade of said product, or, in case of a false representation of the origin of the product, the person established in the locality falsely represented as the origin or in the region in which said locality may be situated.
ART. IX. Any person of one of the signatory States shall have the right to apply for and obtain, in any of the other States, before the proper judicial authority, the annulment of the registration of a trade or commercial mark when he has applied for the registration of said mark or of any other that is liable to be confused in said State with the one the annulment of which is sought, by proving:
(a) That the mark the registration of which is applied for has been employed or used within the country before the employment or use of the mark registered by the registrator or by the one or ones from whom he obtained it.
(b) That the registrator of the mark the annulment of which is sought had knowledge of the ownership, employment, or use of the mark of the applicant in any of the signatory States before the employment or use of the mark registered by the registrator or by the one or ones from whom he obtained it.
(c) That the registrator had no right to the ownership, use, or employment of the mark registered on the date of its deposit.
(d) That the mark registered had not been used or employed by the registrator or his successor within the term fixed by the laws of the State wherein the registration was made.
ART. X. The commercial names shall be protected in all the States of the Union without obligation of deposit or registration whether they constitute or not a part of a trade or commercial mark.
Art. XI. For the purposes set forth in the present treaty a union of the American nations is hereby constituted which shall act, through the medium of two established offices, one in the city of Havana and the other in Rio de Janeiro, and which shall be in complete co-relation with each other.
Art. XII. The international offices shall have the following functions: (1) To keep a record of the certificates of ownership of trade and commercial marks issued by any of the signatory States.
(2) To gather as much information and data as may have relation with the protection of intellectual and industrial ownership, and to publish and circulate the work in the Nations of the Union as well as to supply any special information they may need on the matter.
(3) To foster the study and diffusion of questions relating to the protection of the intellectual and industrial ownership, publishing to that effect one or more official reviews, in which there shall be published, in its entirety or as a résumé, such documents as the authorities of the signatory States send to the office.
The governments of said States bind themselves to send to the international American offices the official publications containing declarations of registration of trade-mark, commercial names, and the granting of patents, of privileges, as well as the decisions of annulment of trademarks or patents of inventions issued by their respective courts.
(4) To communicate to the governments of the States of the Union any difficulties or obstacles opposed to or causing delay to the efficient compliance with this convention.
(5) To contribute, together with the governments of the signatory States, to the preparation of international conferences in order to study laws relating to industrial ownership as well as such reforms as may be convenient to introduce the régime of the Union or in the treaties in force concerning the protection of the former. The directors of the offices shall have the right to attend the sessions of the conferences where they shall have the right to speak but not to vote.
(6) To submit to the Governments of Cuba and the United States of Brazil annual statements of the work done, forwarding the same also to the governments of all the other States of the Union.
(7) To initiate and maintain relations with similar offices and with scientific and industrial societies or institutions in order to secure the exchange of publications, reports, and data that may contribute to the progress of the right of industrial property.
(8) To investigate the cases in which trade or commercial marks, industrial drawings, or models have not been recognized or registered, in accordance with this convention, by the authorities of any of the States of the Union, communicating the facts in the case and stating the reasons presented, to the Government of the country of origin and to the interested parties.
(9) To cooperate as agents of the Governments of the signatory nations before the respective authorities, in order to obtain the best result in any steps that may be taken to promote or carry out the ends of this convention
ART. XIII. The office established in the city of Havana shall have charge of the registers of the trade and commercial marks from the United States of America, Mexico, Cuba, Haiti, the Dominican Republic, El Salvador, Honduras, Nicaragua, Costa Rica, Guatemala, and Panama.
The office established in the city of Rio de Janeiro shall have charge of the registers of the trade and commercial marks from Brazil, Uruguay, Argentina, Paraguay, Bolivia, Chile, Peru, Ecuador, Venezuela, and Colombia.
ART. XIV. Both international offices shall be considered as one office and for the purposes of the unification of the registers, it is hereby resolved:
(a) That both offices keep the same books and the same accounts under an identical system.
(b) That every week there shall be reciprocally sent copies of all the applications, registrations, communications, and any other documents relating to the acknowledgment of the rights of the owners.
ART. XV. The international offices shall be governed by the same rules and regulations drafted by agreement of the Governments of the Republics of Cuba and the United States of Brazil, and approved by all the other signatory States.
The estimates of expenses shall be approved by the aforesaid Governments and paid by all the signatory States in an equal proportion to that established for the International Bureau of the American Republics in Washington, and to that effect said offices shall be under the control of the Governments in whose countries they are established.
The international offices may adopt such interior rules and regulations as they may deem advisable for compliance with the stipulations of this convention, provided they are not incompatible with the terms of said convention.
Art. XVI. The Governments of the Republies of Cuba and of the United States of Brazil shall proceed to organize the offices of the International Union in accordance with what has been stipulated, as soon as this convention shall have been ratified by two-thirds, at least, of the nations pertaining to each group.
The simultaneous establishment of both offices shall not be necessary, and a single one may be installed provided there is the specified number of signatory nations.
ART. XVII. The treaties on trade and commercial marks entered into formerly among the signatory States shall be substituted by this convention from the date of its ratification in regard to the relations among said States.
ART. XVIII. The ratifications or adherences of the American nations to this convention shall be communicated to the Government of the Argentine Republic, who shall make them known to the other States of the t'nion. Said communications shall be considered as an exchange.
ART. XIX. Any State that may deem it convenient to separate from this convention shall make known its desires to the Government of the Argentine Republic, and the latter shall communicate the fact to the other States of the Union, and a year after having received the respective communication this convention shall cease to be in force in so far as it concerns the State which has denounced it.
RESOLUTION (August 20, 1910).
(National bibliographical offices.) The Fourth International American Conference, assembled in Buenos Aires, resolves :
To recommend the establishment of national bibliographical offices in the American countries where they do not as yet exist on the same basis as those recently created in the Argentine Republic, Chile, and Peru.
MOTION (August 20, 1910).
(The Pan American Railroad.) The Fourth International American Congress urges the American Governments to prosecute and accelerate the works of the Pan American Railroad upon a fixed and determined plan.
MOTION (August 20, 1910).
(Message to Mr. Elihu Root.) The Fourth International American Conference sends to Your Excellency a vote of high esteem and everlasting remembrance.
AGREEMENT BETWEEN THE UNITED KINGDOM AND FRANCE REFERRING
TO ARBITRATION THE CASE OF VINAYAK DAMODAR SAVARKAR.1
Signed at London, October 25, 1910. The Government of His Britannic Majesty and the Government of the French Republic having agreed, by an exchange of notes dated the 4th and 5th October, 1910, to submit to arbitration, on the one hand, the questions of fact and law raised by the arrest and restoration to the mail steamer "Morea," at Marseilles, on the 8th July, 1910, of the Indian, Vinayak Damodar Savarkar, who had escaped from that vessel, on board of which he was in custody; and on the other hand, the demand of the Government of the Republic with a view to the restitution to them of Savarkar;
The undersigned, duly authorized to this effect, have arrived at the following agreement:
ARTICLE 1. An arbitral tribunal, composed as hereinafter stated, shall undertake to decide the following question:
Should Vinayak Damodar Savarkar, in conformity with the rules of international law, be restored or not be restored by His Britannic Majesty's Government to the Government of the French Republic?
The arbitral tribunal shall be composed of five arbitrators chosen from the members of the Permanent Court at The Hague. The two contracting parties shall settle the composition of the tribunal. Each of them may choose as arbitrator one of their nationals.
ARTICLE 3. On the 6th December, 1910, each of the high contracting parties shall forward to the Bureau of the Permanent Court fifteen copies of its case, with duly certified copies of all documents which it proposes to put in. The Bureau will undertake without delay to forward them to the arbitrators and to each party : that is to say, two copies for each arbitrator and three copies for each party. Two copies will remain in the archives of the Bureau.
1 Great Britain, Treaty Series, No. 25, 1910.