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steamboats from inspection in case the laws of a foreign country for this purpose are similar to those of the United States.22 An arrangement for such reciprocal exemption was effected with the Japanese government by exchange of notes, April 3-November 30, 1906.28 The act of Congress approved June 19, 1878, as amended by the acts approved May 24, 1890, and March 3, 1893, extended, on conditions of reciprocity to be determined by the President, to Canadian vessels privileges of access to our inland waters in aid of wrecked and disabled vessels. A proclamation of the President to give effect to the provisions of the act was made July 17, 1893.24 The act of Congress of August 19, 1890, as amended by the acts of May 28, 1894, August 13, 1894, and June 10, 1896, to adopt the international regulations for the prevention of collisions at sea, contained the reservation that the act should take effect at a time to be fixed by proclamation of the President. Such proclama tions were made July 13, 1894, and December 31, 1896.25

§63. International Copyright.-Section 13 of the copyright act of March 3, 1891, provided that the act should apply to a citizen or subject of a foreign state only when such state permitted to citizens of the United States the benefit of copyright on substantially the same basis as its own citizens, or was a party to an international agreement which provided for reciprocity in the granting of copyright by the terms of which the United States might at its pleasure become a party. The existence of either of these conditions was to be determined by the President.26 Under

22 34 Stats. at L. 68.

23 For. Rel., 1906, pp. 990-994.

24 28 Stats. at L. 1220. See annual message of the President, December 3, 1888, For. Rel., 1888, p. XII. See also the act approved February 21, 1893, for the protection of fur seals by international agreement, 27 Stats. at L. 472, Moore, Int. Law Digest, I, 920; the act approved March 3, 1887, for retaliation against Canada, 24 Stats. at L. 475; the act approved August 30, 1890, for the inspection of meats, 26 Id. 414, 415; the act approved July 26, 1892, for the enforcement of reciprocal commercial relations between the United States and Canada, and proclamation of August 18, 1892, 27 Id. 267, 1032, For. Rel., 1892, p. 339; and the joint resolution approved March 14, 1912, to prohibit the exportation of munitions of war, and proclamation of even date, 37 Stats. at L. 630, 1733.

25 Richardson, Messages and Papers of the Presidents, IX, 501, 761; 26 Stats. at L. 320; 28 Id. 82; 29 Id. 885. See for agreements in this respect with Great Britain and France, For. Rel., 1894, pp. 218-219, 260274; For. Rel., 1895, pp. 683-686.

26 26 Stats. at L. 1110.

the first alternative, the President extended the benefits of the act by proclamation to subjects of Belgium, France, Great Britain and possessions, and Switzerland, July 1, 1891; Germany, April 15, 1892;27 Italy, October 31, 1892; Denmark, May 8, 1893; Portugal, July 20, 1893; Spain, July 10, 1895;28 Mexico, February 27, 1896; Chile, May 25, 1896; Costa Rica, October 19, 1899; the Netherlands and possessions, November 20, 1899; Cuba, November 17, 1903; Norway, July 1, 1905; and Austria, September 20, 1907. Section 8 of the act approved March 4, 1909, to amend and consolidate the acts respecting copyright, provides that the benefits of the act shall extend to a citizen or subject of a foreign state, only (a) when an alien author or proprietor is domiciled within the United States at the time of the first publication of his work; or (b) when the foreign state of which the author or proprietor is a citizen or subject grants, either by treaty, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this act or by treaty; or when such foreign state is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party. The existence of these reciprocal conditions is to be determined by the President by proclamation.29 By proclamation dated April 9, 1910, it was declared that the subjects and citizens of Austria, Belgium, Chile, Costa Rica, Cuba, Denmark, France, Germany, Great Britain and possessions, Italy, Mexico, the Netherlands and possessions, Norway, Portugal, Spain, and Switzerland were entitled, and had been entitled since July 1, 1909 (the date on which the act became effective), to all the benefits of the act, other than those under section I (e), in reference to the reproduction of musical compositions. The benefits of the act, subject to the same ex

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27 The proclamation as regards Germany was based upon an agreement signed at Washington by the Secretary of State and the German chargé d'affaires, January 15, 1892.

28 For restoration of agreement after the war of 1898, see notes exchanged January 29, 1902, November 18 and November 26, 1902.

29 35 Stats. at L. 1077.

30 The exception was removed as to the citizens and subjects of Germany, Belgium, Norway, Cuba, Great Britain and the British dominions, colonies and possessions (except Canada, Australia, New Zealand, South

ception, were extended to the subjects of the Grand Duchy of Luxemburg by proclamation dated June 29, 1910,31 of Sweden by proclamation dated May 26, 1911, and of Tunis by proclamation dated October 4, 1912.32

§64. Trade-marks.-The United States has entered into variious formal treaty stipulations for the protection of trade-marks.33 Section I of the act of February 20, 1905, provides that the owner of a trade-mark, used in interstate or foreign commerce, who is domiciled in the United States or who resides or is located in any foreign country which by treaty, cònvention, or law, affords similar privileges to citizens of the United States, may obtain registration for such trade-mark by complying with certain designated requirements. Under similar provisions in section I of the act approved March 3, 1881,35 agreements for the reciprocal registration and protection of trade-marks were effected by exchange of notes, February 10 and 16, 1893, with the Netherlands, and April 27 and May 14, 1883, with Switzerland. A declaration for the reciprocal protection of trade-marks was signed July 9, 1894, with the Greek government by Mr. Alexander, minister at Athens. The American negotiator considered the declaration as merely explanatory of rights already secured under the treaty of 1837 between the two countries. Mr. Gresham, Secretary of State,

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Africa, and Newfoundland), and Italy by proclamations dated respectively, December 8, 1910, June 14, 1911, June 14, 1911, November 27, 1911, January 1, 1915, and May 1, 1915.

31 Exception was removed by proclamation dated June 14, 1911.

32 The United States is a party to the convention on the protection of literary and artistic copyright, signed August 11, 1910, at the Fourth International American Conference. Stipulations for the protection of copyrights are found in various treaties, as for instance, in the treaty with China of October 8, 1903 (Art. XI), in the convention with Japan of November 10, 1905, in two conventions with Japan concluded May 19, 1908, for protection of trade-marks and copyrights in Korea and China, respectively, and in the convention with Hungary concluded January 30, 1912. The United States did not accede to the international copyright convention concluded at Berne, September 9, 1886. See for report of the delegate to the Berlin conference of 1908, for the revision of the Berne convention, H. Doc. No. 1208, 60th Cong., 2d Sess.

33 See Sen. Doc. No. 20, 56th Cong., 2d Sess., 47-54.

34 33 Stats. at L. 724. See as to patents, act of March 3, 1903, 32 Stats. at L. 1225; Rev. Stats., §4887.

35 21 Stats. at L. 502.

36 Sen. Doc. No. 20, 56th Cong., 2d Sess., 334, 337.

did not entertain the same view, but considered the declaration as practically a new treaty which could be ratified only with the consent of the Senate. Agreements for the reciprocal protection in consular courts of trade-marks in China were effected by exchange of notes with Belgium, November 27, 1905 (explanatory note of January 22, 1906); with Denmark, March 19, 1907June 12, 1907; with France, October 3, 1905 (explanatory note of January 22, 1906); with Germany, December 6, 1905 (explanatory note of January 22, 1906); with Great Britain, June 28, 1905; with Italy, December 18, 1905 (explanatory note of January 22, 1906); with the Netherlands, October 23, 1905 (explanatory note of January 27, 1906); and with Russia, June 28, 1906. Notes as to protection in consular courts of trade-marks in Morocco were exchanged with Germany, September 28-October 28, 1901; with Great Britain, December 1-6, 1899; and with Italy,

37 For. Rel., 1895, pp. 759, 763, 765; Moore, Int. Law Digest, V, 196. Mr. Hay, in a letter to the Secretary of the Interior, dated November 4, 1898, said: "My predecessors, Mr. Gresham and Mr. Olney, in instructions to our minister at Athens (Foreign Relations, 1894, pp. 293-295; and Foreign Relations, 1895, pp. 759-765), took the position that a declaration signed by the minister and the Greek minister for foreign affairs, to the effect that the treaty of 1837 between the United States and Greece conferred upon the citizens of either country in the dominions of the other the same rights as respects trade-marks as such citizens may enjoy in their own, would not accomplish the end desired, but that a formal treaty was necessary. I think it is plain that a simple declaration would not bind this government to grant trade-mark privileges to Mexican citizens, but in view of the Mexican law, which (the Commissioner of Patents states) allows citizens of the United States to register their trade-marks in Mexico, it would appear that Mexicans can now obtain registration of their trade-marks here, under the provisions of our law of March 3, 1881. * * * It will be observed that the provision of section 3 [of the act of March 3, 1881] is in the alternative; that in order to entitle a trade-mark to registration, it must appear: 1. That it is lawfully used as such by the applicant in foreign commerce, the owner being domiciled in the United States or located in a foreign country which, by treaty, convention or by law, affords similar privileges to citizens of the United States; or 2. That such trade-mark is within the provision of a treaty, convention or declaration with a foreign power. While registration could not be claimed by a Mexican under the second alternative, it seems to me that it could properly be claimed under the first. I think an exchange of notes with the Mexican government would be entirely proper to establish the fact that under the Mexican law, citizens of the United States may obtain registration of their trade-marks. This was done with the Netherlands in 1883." Moore, Int. Law Digest, II, 36.

June 13, 1903-March 12, 1904.38 By notes exchanged June 22 and June 26, 1906, an agreement was reached with Denmark as to the protection afforded by the laws of the respective countries to industrial designs or models, in case the articles which they represent are not manufactured in the country where protection is sought.

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§65. International Postal and Money Order Regulations.By section 26 of the general act of February 20, 1792, to establish the post office and post roads, and to prescribe the rates of postage, the Postmaster General was authorized to make "arrangements with the postmasters in any foreign country for the reciprocal receipt and delivery of letters and packets, through the post-offices."39 This provision was textually re-enacted in the successive general post-office acts of May 8, 1794,0 March 2, 1799, April 30, 1810,2 and March 3, 1825.43 In section 2 of the act of March 3, 1851, to reduce and modify the rates of postage, the Postmaster General was authorized by and with the advice and consent of the President "to reduce or enlarge, from time to time, the rates of postage upon all letters and other mailable matter conveyed between the United States and any foreign country, for the purpose of making better postal arrangements with other governments, or counteracting any adverse measures affecting our postal intercourse with foreign countries." This provision as modified and incorporated as section 167 of the general act of June 8, 1872, to consolidate and revise the laws

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38 The international convention for the protection of industrial property, signed at Paris, March 30, 1883, was ratified by the President with the advice and consent of the Senate, March 29, 1887, and the ratification was communicated to the Swiss government on May 30, 1887. The ratification of the additional act, signed at Brussels, December 14, 1900, was deposited at Brussels, May 3, 1901. These two conventions have been superseded by the convention signed at Washington, June 2, 1911, which has been duly ratified and proclaimed on the part of the United States. The United States is also a party to the general convention for the protection of inventions, patents, designs and industrial models, signed August 20, 1911, at the Fourth International American Conference.

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