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1058

(1904) Author: Gustav Sundbärg
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Full resolution (JPEG) - On this page / på denna sida - Second part - XV. Synopsis of Industrial Legislation. By A. Berencreutz, Chamberlain, Swedish-Norwegian Consul General, Copenhagen - Patents, by N. Rahm, Chief Engineer, Royal Patent Office, Stockholm - Trade Marks, by N. Rahm, Chief Engineer, Royal Patent Office, Stockholm

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1058

xv. synopsis of industrial legislation of sweden.

taining patent rights for the whole term of the patent, amounts to 745 kronor (£ 41).
In addition to this, to be absolutely accurate, there is a stamp of 10 kronor for
the letters patent. The Patent Law of Sweden allows no reduction of these fees
or dispense from them.

In Sweden, as in most other countries, the patentee is certainly in
duty bound to practise his invention within the country; but, on the
strength of the amendment of May 9, 1902, a significant alleviation
for the patentee was brought about, inasmuch as he need no more run
the risk of losing his patent in case he should not fulfil his legal dntv
of putting it into practice; he can in that case by judicial order be
enjoined to let another person carry out his invention against a
compensation; thus, it may be said that in Sweden a transition has been effected
towards a regimen of licenses of co-ercion on chiefly the same principles
as those applied in England. The object aimed at was thus to remedy
the constantly repeated complaints about the unreasonable demands of
the old decrees without a corresponding benefit for the industry of the
country; and as far as hitherto can be judged, it seems as if the
alteration brought about concerning the duty of putting an invention into
practice had gained approval from those concerned and as if it were
going to entail the advantage desired.

Table 164, page 1057, gives a summary of the number of patents
granted by the Patent Office. With slight fluctuations this number has
steadily increased from 206 in 1885, and 464 in 1886, to 1,710 in 1901,
and 1,674 in 1902. The year 1897 is remarkable, inasmuch as the
number of patents rapidly rose to 1,149, which increase is due partly to
the official Exhibition of Art and Industry held that year in
Stockholm, partly, and in a high measure, to the large number of inventions —
about that time patented in all parts of the world — into the cycle
industry, and also in the carbide and acetylene industries.

Trade Harks.

After the gradual rescinding of most among the ancient Guild laws or statutes
referring to manufactures and handiwork, wherein numerous provisions were found
in regard to stamping and marking goods, manufacturers and tradesmen were
allowed, by the Royal statute of June 13, 1862, if they thought fit, to set their
own stamps or marks on their goods, and publicly to advertize the character and
appearance of these stamps or marks. The protection which a tradesman conld
cxpect for his trademark, on the strength of the Royal statute of 1862 and
certain clauses relating to the same in the Criminal Law, was, however, very
uncertain, and in proportion as trade developed and a better market for the
productions was found, the inconveniences of a defective protection by trademaria
made themselves more and more felt. To remedy these defects a committee was
appointed by the Government, with the object of providing a more practical
protection to trademarks and factory stamps, but its proposals did not lead to any
further results as meanwhile a new proposal bad turned up. On the initiatm
of the Swedish Riksdag measures had been taken towards instituting legislation ia
common to the three northern kingdoms, Sweden, Norway, and Denmark, and

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