publications, the term of the copyright will commence to run, with respect to each volume, bulletin, part, or periodical publication, from the respective date of its publication. VII. The country of origin of a work will be deemed that of its first publication in America, and if it shall have appeared simultaneously in several of the signatory countries, that which fixes the shortest period of protection. VIII. A work which was not originally copyrighted shall not be entitled to copyright in subsequent editions. IX. Authorised translations shall be protected in the same manner as original works. Translators of works concerning which no right of guaranteed property exists, or the guaranteed copyright of which may have been extinguished, may obtain for their translations the rights of property set forth in Article III, but they shall not prevent the publication of other translations of the same work. X. Addresses or discourses delivered or read before deliberative assemblies, courts of justice, or at public meetings, may be printed in the daily press without the necessity of any authorisation, with due regard, however, to the provisions of the domestic legislation of each nation. XI. Literary, scientific, or artistic writings, whatever may be their subjects, published in newspapers or magazines, in any one of the countries of the Union, shall not be reproduced in the other countries without the consent of the authors. With the exception of the works mentioned, any article in a newspaper may be reprinted by others if it has not been expressly prohibited, but in every case the source from which it is taken must be cited. News and miscellaneous items published merely for general information do not enjoy protection under this Convention.. XII. The reproduction of extracts from literary or artistic publications for the purpose of instruction or chrestomathy does not confer any right of property, and may, therefore, be freely made in all the signatory countries. XIII. The indirect appropriation of unauthorised parts of a literary or artistic work, having no original character, shall be deemed an illicit reproduction, in so far as affects civil liability. The reproduction in any form of an entire work, or of the greater part thereof, accompanied by notes or commentaries under the pretext of literary criticism or amplification, or supplement to the original work, shall also be considered illicit. XIV. Every publication infringing a copyright may be confis cated in the signatory countries in which the original work had the right to be legally protected, without prejudice to the indemnities or penalties which the counterfeiters may have incurred according to the laws of the country in which the fraud may have been committed. XV. Each of the Governments of the signatory countries shall retain the right to permit, inspect, or prohibit the circulation, representation, or exhibition of works or productions concerning which the proper authority may have to exercise that right. XVI. The present Convention shall become operative between the signatory States which ratify it, three months after they shall have communicated their ratification to the Argentine Government, and it shall remain in force among them until a year after the date when it may be denounced. This denunciation shall be addressed to the Argentine Government, and shall be without force except with respect to the country making it. In witness whereof the Plenipotentiaries have signed the present Treaty and affixed thereto the seal of the Fourth International American Conference. Made and signed in the city of Buenos Aires on the 11th day of August in the year 1910, in Spanish, English, Portuguese, and French, and deposited in the Ministry of Foreign Affairs of the Argentine Republic, in order that certified copies be made for transmission to each one of the signatory nations through the appropriate diplomatic channels. For the United States of America: HENRY WHITE. ENOCH H. CROWDER. LEWIS NIXON. JOHN BASSETT MOORE. BERNARD MOSES. LAMAR C. QUINTERO. PAUL S. REINSCH. DAVID KINLEY. For the Argentine Republic: ANTONIO BERMEJO. EPIFANIO PORTELA. CARLOS SALAS. JOSÉ A. TERRY. ESTANISLAO S. ZEBALLOS. For the United States of Brazil: JOSÉ L. ALMEIDA NOGUEIRA. OLAVO BILAC. GASTÃO DA CUNHA. HERCULANO DE FREITAS. For the Republic of Chile: MIGUEL CRUCHAGA TOCORNAL. EMILIO BELLO CODECIDO. ANIBAL CRUZ DÍAZ. BELTRÁN MATHIEU. For the Republic of Colombia: ROBERTO ANCÍZAR. For the Republic of Costa Rica: For the Republic of Cuba : CARLOS GARCÍA VELEZ. RAFAEL MONTORO Y VALDÉS. JOSÉ M. CARBONELL. For the Dominican Republic: For the Republic of Equator: MARIO ESTRADA. For the Republic of Hayti: CONSTANTIN FOUCHARD. For the Republic of Honduras: VICTORIANO SALADO ALVÁREZ. ROBERTO A. ESTEVÁ RUIZ. For the Republic of Nicaragua: For the Republic of Panamá : For the Republic of Paraguay: For the Republic of Peru: EUGENIO LARRABURE Y UNÁNUE. JOSÉ ANTONIO DE LAVALLEY PARDO. For the Republic of Salvador: FEDERICO MEJÍA. FRANCISCO MARTÍNEZ SUÁREZ. For the Republic of Uruguay: GONZALO RAMÍREZ. CARLOS M. DE PENA. ANTONIO M. RODRÍGUEZ. JUAN JOSÉ AMÉZAGA. For the United States of Venezuela: CONVENTION for the Protection of Trade-marks between the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Equator, Guatemala, Hayti, Honduras, Mexico, Nicaragua, Panamá, Paraguay, Peru, Salvador, Uruguay, Venezuela, and the United States of America.-Buenos Aires, August 20, 1910.* [Ratified by the United States, March 21, 1911.†] THEIR Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Equator, Guatemala, Hayti, Honduras, Mexico, Nicaragua, Panamá, Paraguay, Peru, Salvador, Uruguay, and Venezuela, being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates duly authorized to approve the recommendations, resolutions, Conventions, and Treaties which they might deem advantageous to the interest of America :: Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodríguez Larreta, Carlos Salas, José A. Terry, Estanislao S. Zeballos; United States of Brazil: Joaquim Murtinho, Domicio da Gama, José L. Almeida Nogueira, Olavo Bilac, Gastão da Cunha, Herculano de Freitas; Republic of Chile: Miguel Cruchaga Tocornal, Emilio Bello Codecido, Aníbal Cruz Díaz, Beltrán Mathieu; Republic of Colombia: Roberto Ancizar; Republic of Costa Rica: Alfredo Volio; Republic of Cuba: Carlos García Vélez, Rafael Montoro y Valdés, Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M. Carbonell; Dominican Republic: Américo Lugo; Republic of Equator: Alejandro Cárdenas; Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada; Republic of Hayti: Constantin Fouchard; Republic of Honduras: Luis Lazo Arriaga; Mexican United States: Victoriano Salado Alvarez, Luis Pérez Verdía, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz; Republic of Nicaragua: Manuel Pérez Alonso; * "United States Treaty Series," No. 626. Signed also in the French, Portuguese, and Spanish languages. + Ratified also by Brazil, Costa Rica, Cuba, Dominican Republic, Equator, Guatemala, Honduras, Nicaragua, and Panamá. Republic of Paraguay: Teodosio González, José P. Montero; Republic of Peru: Eugenio Larrabure y Unanue, Carlos Alvarez Calderón, José Antonio de Lavalle y Pardo; Republic of Salvador: Federico Mejía, Francisco Martínez Suárez; Republic of Uruguay: Gonzalo Ramírez, Carlos M. de Pena, Antonio M. Rodríguez, Juan José Amézaga; United States of Venezuela: Manuel Díaz Rodríguez, César Zumeta ; United States of America: Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley: Who, after having presented their credentials, and the same having been found in due and proper form, have agreed upon the following Convention for the Protection of Trade-marks:ART. I. The signatory nations enter into this Convention for the protection of trade-marks and commercial names. II. Any mark duly registered in one of the signatory States shall be considered as registered also in the other States of the Union, without prejudice to the rights of third persons and to the provisions of the laws of each State governing the same. In order to enjoy the benefit of the foregoing, the manufacturer or merchant interested in the registry of the mark must pay, in addition to the fees or charges fixed by the laws of the State in which application for registration is first made, the sum of 50 dollars gold, which sum shall cover all the expenses of both bureaux for the international registration in all the signatory States. III. The deposit of a trade-mark in one of the signatory States produces in favour of the depositor a right of priority for the period of six months, so as to enable the depositor to make the deposit in the other States. Therefore, the deposit made subsequently and prior to the expiration of this period cannot be annulied by acts performed in the interval, especially by another deposit, by publication, or by the use of the mark. IV. The following shall be considered as trade-mark: any sign, emblem, or especial name that merchants or manufacturers may adopt or apply to their goods or products in order to distinguish them from those of other manufacturers or merchants who manufacture or deal in articles of the same kind. V. The following cannot be adopted or used as trade-mark: national, provincial, or municipal flags or coats-of-arms; immoral or scandalous figures, distinctive marks which may have been obtained by others, or which may give rise to confusion with other marks; the general classification of articles; pictures or names of persons without their permission; and any design which may have been adopted as an emblem by any fraternal or humanitarian association. The foregoing provisions shall be construed without prejudice to the particular provisions of the laws of each State. |