Full resolution (JPEG) - On this page / på denna sida - XII. Synopsis of Trade and Industrial Legislation. By J. Tjerneld - Patents. By Nils Rahm - Trade-Marks. By Nils Rahm
<< prev. page << föreg. sida << >> nästa sida >> next page >>
Below is the raw OCR text
from the above scanned image.
Do you see an error? Proofread the page now!
Här nedan syns maskintolkade texten från faksimilbilden ovan.
Ser du något fel? Korrekturläs sidan nu!
This page has never been proofread. / Denna sida har aldrig korrekturlästs.
TRADE-MARKS. 707
Table 143 (cont.) Patent Applications filed in Sweden during 1885—1913.
1 Classes of industry The inventor domiciled Total
_ I abroad Sweden
Construction of Roads Steam engines .... Steam boilers .... 198 181 331 512 228 482 379 843 710
Brewing and distilling 87 255 342
Total 2<;095 32 6(H> 58 7G1
concession, with such restrictions and conditions and against such compensation
as it deems to be fair and reasonable.
Thus, under this enactment, which was embodied in the Act of May 9, 1902,
the patentee does not actually lose his patent by neglecting to work it, as was
formerly the case in Sweden, and is still so in most other countries, but merely
exposes himself to the risk of a compulsory license (tvångslicens) being ordered
by the Court.
Legislation in Sweden has thus solved, and, as experience seems to show,
happily solved the difficult question how, without prejudice to the interests of
home industries, to enforce obligation of working a patent in such a manner
that the obligation shall not be unnecessarily onerous to the patentee to fulfil,
nor yet shall render the validity of the patent precarious.
When an action for a compulsory license is brought before the City Court
of Stockholm, three experts on industrial questions besides the qualified number
of judges shall sit and have a vote in the Court, these experts annually being
nominated by the patent authorities.
We see here the germ of a special court for actions relating to industrial
rights of property.
The Table 143 gives a summary of the number of patent applications
filed at the Patents-Office, distributed over the various classes of
industries.
It may be well to mention that Swedish legislation relating to
commercial and industrial rights of property as a whole, that is not merely to
patents but also to trade-marks, patterns, and models, is at present in
process of revision by a Committee specially appointed by the
Government. This Committee has also drafted a proposal for a reorganization
of the Royal Patents and Registration Office, which reorganization was it
the main accepted in the present year by the Government and Riksdag and
will come into force at the beginning of the year 1915.
Another question which is the subject of investigation by the same
Committee is that of what legislative measures can be adopted to obviate
"unfair competition" (illojal konkurrens) and to prevent the false
description of goods.
Trade-Marks.
After the gradual abolition of most of the ancient Guild statutes or ordinances
relating to manufactures and crafts, and containing numerous provisions as to
stamps and marks to be affixed to goods, manufacturers and tradesmen were
allowed, by the Royal Proclamation of June 13, 1862, at their option, to affix
<< prev. page << föreg. sida << >> nästa sida >> next page >>
