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AUSTRO-HUNGARIAN EMriRE, 1871.
CONVENTION BETWEEN THE UNITED STATES AND THE AUSTRO-HUNGAKIAN EMPIRE, RELATIVE TO TRADE-MARKS. CONCLUDED NOVEMBER 25, 1871; RATIFICATIONS EXCHANGED APRIL 22, 1872; PROCLAIMED JUNE 1, 1872.
The United States of America and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, desiring to secure in their respective territories a guarantee of property in trade-marks, have resolved to conclude a special convention for this purpose, and have named as their Plenipotentiaries:
The President of the United States of America, John Jay? their Envoy Extraordinary and Minister Plenipotentiary from the United States of America to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria and Apostolic King of Hungary, the Count Julius Andrassy of Csik Szent Kiraly and Kraszna Horka, His Majesty's Privy Counsellor and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Order of St. Stephen, &c, &c, &c.;
Who have agreed to sign the following articles:
Every reproducti6n of trade-marks which, in the countries or territories of the one of the contracting parties, are affixed to cer- R> roinct.on tain merchandise to prove its origin and quality, is forbid- tr."«T.rk"',?°rd den in the countries or territories of the other of the con- w*u£S''T?T'th. tracting parties, and shall give to the injured party ground °u"rc°'""'1, for such action or proceedings to prevent such reproduction, and to recover damages for the same, as may be authorized by the laws of the country in which the counterfeit is proven, just as if the plaintiff were a citizen of that country. » The exclusive right to use a trade-mark for the benefit of citizens of the United States in the Austro-Hungarian Empire, or of ttct„i„ ri.i.t t» citizens of the Austro-Hungariau Monarchy in the territory I? of the United States, cannot exist for a longer period thau **•
"In printing the treaties and conventions sent to the Senate on the 1st of February, 1871, it has been thought proper to insert in their respective places, according to the alphabetical designation of the countries, such treaties and conventions as have been proclaimed syice that date. The convention of November 25, 1871, with theAustroHangarian Empire, was received too lato to be thus inserted, and is therefore placed in this Appendix. The agreement of Febrnary 12, 1871, between the United States and Spain, is also therein published.
that fixed by the law of the country for its own citizens. If the tradeif tr.d<,.m.rk bu mark has become public property in the country of its ori«£?,T Zn'bo'hS; gin, it shall be equally free to all in the countries or territo*" jl ries of the other of the two contracting parties.
If the owners of trade-marks, residing in the countries or territories o« -r. °^ *ne one °^ tne contracting parties, wish to secure their , "rkrTM.hm, £ £ rights in the countries or territories of the other of the coni^bSXi "<>'pi~: tracting parties, they must deposit duplicate copies of those marks in the Patent-Office at Washington, and in the Chambers of Commerce and Trade in Vienna- and Pesth.
wb«.th..rT..«r. The present arrangement shall take effect ninety days '"nd'hoi"L« to'iSafter the exchange of ratifications, and shall continue in '"TM force for ten years from this date.
In case neither of the high contracting parties gives notice of its intention to discontinue this convention twelve months before its expiration, it shall remain in force one year from the time that either of tbe high contracting parties announces its discontinuance.
The ratifications of this present convention shall be exchanged at Vienna within twelve months, or sooner if
In faith whereof the respective Plenipotentiaries have signed tbe present convention as well in English as in German and Hungarian, and have affixed thereto their respective seals.
Done at Vienna the twenty-fifth day of November, in the year of our Lord one thousand eight hundred and seventy-one, iu the ninety-sixth year of the Independence of the United States of America, and in the twenty-third year of the reign of His Imperial and Royal Apostolic Majesty.
JOHN JAY. [L. B.1
AGREEMENT BETWEEN THE UNITED STATES AND SPAIN, FOR THE SETTLEMENT OF CERTAIN CLAIMS OF CITIZENS OF THE UNITED STATES, MADE BY DANIEL E. SICKLES, ESQ., ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF THE UNITED STATES AT MADRID, AND HIS EXCELLENCY SENOR DON CRISTINO MARTOS, MINISTER OF STATE OF SPAIN. CONCLUDED FEBRUARY 12, 1871.
Memorandum of an arbitration for the settlement of the claims of citizens of the United States, or of their heirs, against the Government of Spain for wrongs and injuries committed against their persons and property, or against the persons and property of citizens of whom the said heirs are the legal representatives, by the authorities of Spain, in the island of Cuba, or within the maritime jurisdiction thereof, since the commencement of the present insurrection.
L It is agreed that all such claims shall be submitted to arbitrators, one to be appointed by the Secretary of State of the United States, another by the Envoy Extraordinary and Minister mTMZPu° iTb,"TM'. Plenipotentiary of Spain at Washington, and these two to SrJL«'°tc"«m. name an umpire who shall decide all questions upon which p"e they shall be unable to agree; and in case the place of cither arbitrator or of the umpire shall from any cause become vacant, such vacancy shall be filled forthwith in the manner herein provided for the original appointment.
2. The arbitrators and umpire so named shall meet at Washington within one month from the date of their appointment, and shall, before proceeding to business, make and subscribe a solemn declaration that they will impartially hear and determine, to the best of their judgment, and according to public law and the treaties in force between the two countries and these present stipulations, all such claims as shall, in conformity with this agreement, be laid before them on the part of the Government of the United States; and such declaration shall be entered upon the record of their proceedings.
3. Each Government may name an advocate to appear m5".«m"0,."".T.'obefore the arbitrators or the umpire, to represent the in- ,"e terests of the parties respectively.
4. The arbitrators shall have lull power, subject to these stipulations, and it shall be their duty, before proceeding with the hearing and decision of any case, to make and publish convenient rules prescribing the time.and manner of the presentation of claims and of the proof thereof; and any disagreement with reference to the said rules of proceeding shall be decided by the umpire. It is understood that a reasonable period shall be allowed for the presentation of the proofs; that all claims, and the testimony in favor of them, shall be a.TM.»b..w~ presented only through the Government of the United "liJSf;;: States; that the award made in each Case shall be in writing, •"""*"••
and, if indemnity be given, the sum to be paid shall be expressed in the gold coin of the United States.
5. The arbitrators shall have jurisdiction of all claims* presented to
K««.tofi»md,c them by the Government of the United States for injut,o», *o rieg (jong j0 citizens of the United States by the author
ities of Spain, in Cuba, since the first day of October, 1868. Adjudications of the tribunals in Cuba concerning citizens of the United States, made in the absence of the parties interested, or in violation of international law or of the guarantees and forms provided for in the treaty of October 27, 1795, between the United States and Spain, may be reviewed by the arbitrators, who shall make such award in any such case as they shall deem just. No judgment of a Spanish tribunal, disallowing the affirmation of a party that he is a citizen of the United States, shall prevent the arbitrators from hearing a reclamation presented in behalf of said party by the United States Government; nevertheless, in any case heard by the arbitrators, the Spanish Government may traverse the allegation of American citizen ship, and thereupon competent and sufficient proof thereof will be required. The commission having recognized the quality of American citizens in the claimants, they will acquire the rights accorded to them by the present stipulations as such citizens. And it is further agreed that the arbitrators shall not have jurisdiction of any reclamation made in behalf of a native-born Spanish subject, naturalized in the United States, if it shall appear that the same subject-matter having been adjudicated by a competent tribunal in Cuba, and the claimant, having appeared therein, either in person or by his duly appointed attorney, and being required by the laws of Spain to make a declaration of his nationality, failed to declare that he was a citizen of the United States: in such case, and for the purposes of this arbitration, it.shall be deemed and taken that the claimant, by his own default, had renounced his allegiance to the United States. And it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts.
6. The expenses of the arbitration will be defrayed by a percentage
to be added to the amount awarded. The compensation of the arbitrators and umpire shall not exceed three thou sand dollars each; the same allowance shall be made to each of the two advocates representing respectively the two Governments; and the arbitrators may employ a secretary at a compensation not exceeding the sum of five dollars a day for every day actually and necessarily given to- the business of the arbitration.
7. The two Governments will accept the awards made in, the several sir tof«wirdi cases submitted to the said arbitration as final and conclusive, and will give full effect to the same in good faith and
as soon as possible.
THE TREATIES AND CONVENTIONS
CONTAINED IN THIS VOLUME.
November 25,1871. Trade-marks. (Appendix) -». 903
Bremen. (See also Haimeatic Republics.)
, 1853. (Accession.) Extradition 731