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The period from August 1, 1914, until the coming into force of the present Treaty shall be excluded in considering the time within which a patent should be worked or a trade mark or design used, and it is further agreed that no patent, registered trade mark or design in force on August 1, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade mark or design for two years after the coming into force of the present Treaty.

ARTICLE 308.

The rights of priority, provided by Article 4 of the International Convention for the Protection of Industrial Property of Paris, of March 20, 1883, revised at Washington in 1911 or by any other convention or Statute, for the filing or registration of applications for patents or models of utility, and for the registration of trade marks, designs and models which had not expired on August 1, 1914, and those which have arisen during the war, or would have arisen but for the war, shall be extended by each of the High Contracting Parties in favour of all nationals of the other High Contracting Parties for a period of six months after the coming into force of the present Treaty.

Nevertheless, such extension shall in no way affect the right of any of the High Contracting Parties or of any person who before the coming into force of the present Treaty was bona fide in possession of any rights of industrial property conflicting with rights applied for by another who claims rights of priority in respect of them, to exercise such rights by itself or himself personally, or by such agents or licensees as derived their rights from it or him before the coming into force of the present Treaty; and such persons shall not be amenable to any action or other process of law in respect of infringement.

Note to X, 307-308

For the treaties of peace with Austria, Bulgaria, and Hungary, which reproduced articles 307 and 308, periods of six months and one year expired on March 30 and September 30, 1921 as a consequence of an agreement between certain of the Allied and Associated Powers made on the initiative of the International Bureau of Industrial Property.

ARTICLE 309.

No action shall be brought and no claim made by persons residing or carrying on business within the territories of Germany on the

one part and of the Allied or Associated Powers on the other, or persons who are nationals of such Powers respectively, or by any one deriving title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the declaration of war and that of the coming into force of the present Treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Articles 307 and 308.

Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature of the present Treaty in the territories of the Allied or Associated Powers on the one hand or Germany on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the declaration of war and the signature of the present Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by Germany during the war.

This Article shall not apply as between the United States of America on the one hand and Germany on the other.

Note to X, 309

The last paragraph of this article and of article 310 originated with the American representatives on the Subcommission on Industrial Property of the Economic Commission at the Paris Peace Conference. These articles (Nos. V and VI in draft) were first entitled "Reciprocal Amnesty" and "Prewar Licenses" and were intended to reinstate the methods of application of the conventions as they were understood before the German Government and German concerns systematically utilized protective features of the conventions in their preclusive commercial policy. The two articles sought to disinvest rights acquired under those practices. The delegate of the United States on the subcommission (J. Baily Brown) filed a note in which he stated that the United States could not admit the provisions of the two articles. As no other delegates were of that mind, the articles were adopted with exception made of the United States. "Our opinion", said the note, "is that the provisions are in contradiction with the principles of public law and perhaps with the Constitution of the United States, seeing that they deprive our nationals

Note to X, 309—Continued

of property rights without contemplating an evaluation of their value and just compensation therefor."

ARTICLE 310.

Licences in respect of industrial, literary or artistic property concluded before the war between nationals of the Allied or Associated Powers or persons residing in their territory or carrying on business therein, on the one part, and German nationals, on the other part, shall be considered as cancelled as from the date of the declaration of war between Germany and the Allied or Associated Power. But, in any case, the former beneficiary of a contract of this kind shall have the right, within a period of six months after the coming into force of the present Treaty, to demand from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, shall be fixed by the duly qualified tribunal in the country under whose legislation the rights had been acquired, except in the case of licences held in respect of rights acquired under German law. In such cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to in Section VI of this Part. The tribunal may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during the war.

No licence in respect of industrial, literary or artistic property, granted under the special war legislation of any Allied or Associated Power, shall be affected by the continued existence of any licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered into before the war shall be considered as substituted for such licence.

Where sums have been paid during the war by virtue of a licence or agreement concluded before the war in respect of rights of industrial property or for the reproduction or the representation of literary, dramatic or artistic works, these sums shall be dealt with in the same manner as other debts or credits of German nationals. as provided by the present Treaty.

This Article shall not apply as between the United States of America on the one hand and Germany on the other.

ARTICLE 311.

The inhabitants of territories separated from Germany by virtue of the present Treaty shall, notwithstanding this separation and

the change of nationality consequent thereon, continue to enjoy in Germany all the rights in industrial, literary and artistic property to which they were entitled under German legislation at the time of the separation.

Rights of industrial, literary and artistic property which are in force in the territories separated from Germany under the present Treaty at the moment of the separation of these territories from Germany, or which will be re-established or restored in accordance with the provisions of Article 306 of the present Treaty, shall be recognized by the State to which the said territory is transferred and shall remain in force in that territory for the same period of time given them under the German law.

SECTION VIII.-Social and State Insurance in
Ceded Territory.

ARTICLE 312.

Without prejudice to the provisions contained in other Articles of the present Treaty, the German Government undertakes to transfer to any Power to which German territory in Europe is ceded, and to any Power administering former German territory as a mandatory under Article 22 of Part I (League of Nations), such portion of the reserves accumulated by the Government of the German Empire or of German States, or by public or private organisations under their control, as is attributable to the carrying on of Social or State Insurance in such territory.

The Powers to which these funds are transferred must apply them to the performance of the obligations arising from such in

surances.

The conditions of the transfer will be determined by special conventions to be concluded between the German Government and the Governments concerned.

In case these special conventions are not concluded in accordance with the above paragraph within three months after the coming into force of the present Treaty, the conditions of transfer shall in each case be referred to a Commission of five members, one of whom shall be appointed by the German Government, one by the other interested Government and three by the Governing Body of the International Labour Office from the nationals of other States. This Commission shall by majority vote within three months after appointment adopt recommendations for submission to the Council of the League of Nations, and the decisions of the

Council shall forthwith be accepted as final by Germany and the other Government concerned.

Note to X, 312

The transfer of social insurance funds created difficulties which called for final reference to the Council of the League of Nations, according to the procedure of the last paragraph of this article, on three occasions.

The resolution of the Council of July 17, 1921 (League of Nations Official Journal, 1922, pp. 789, 831) disposed of the question of the transfer of funds by Germany in respect to territory ceded to Poland.

The two other cases coming before the Council were dealt with in a resolution of June 21, 1921 (ibid., Minutes of the 13th Session of the Council, pp. 22, 176) relating to transfers under article 77 of funds relating to Alsace-Lorraine and resolutions of December 9, 1924 and June 9, 1925 (League of Nations, Official Journal, 1925, pp. 127, 200-2, 576, 478, 862, 946-8) relating to the transfers in respect to Upper Silesia. Both of these questions were submitted to the Arbitral Tribunal of Interpretation by an agreement of August 28, 1925 between the Reparation Commission and the German Government.

The tribunal by its award of March 24, 1926 included the transfer of social insurance funds relating to Alsace-Lorraine to be made by Germany to France in the annuities prescribed by the Experts' (Dawes) Plan.

The Upper Silesia fund was transferred to the extent of 30,000,000 German marks by article 207 of the German-Polish convention of May 15, 1922. The League Council's recommendation of December 9, 1924 was for a further payment of 26,000,000 gold marks in six annual instalments, of which 6,000,000 was payable February 1, 1925. This payment was not effected because Germany had not been authorized to make it by the Agent-General for Reparation Payments. The Council of the League on June 9, 1925 approved a report in which it recommended that the Reparation Commission and the German Government submit the question to the Arbitral Tribunal of Interpretation. Its award of March 24, 1926 was to the effect that, as between the Reparation Commission and Germany and as between the German and Polish Governments, "the annuities prescribed by the Experts' Plan comprise—

"2. The transfers to be made by Germany to Poland in pursuance of Article 312 of the Treaty of Versailles in respect of social in

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