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the case is subject to decision by the King, on an action to that effect taken by the public prosecutor or the owner, or if it be found otherwise reasonable, order the goods to be sold without waiting for the final judgment in the case.

Prior to an article being sold, the mark of origin affixed to it shall be erased in accordance with the prescriptions laid down in the decision by which the article has been declared forfeited, or by which the sale, as above mentioned, has been ordered, or the article shall be provided with such a mark as shall indicate its foreign origin as laid down in paragraph 1. If such a step cannot satisfactorily be taken, the goods as a whole, or that part only of which the destruction is found necessary, shall be destroyed.

16. One-half of the fine received, or one-half of the amount realized from the sale of the forfeited goods, shall go to the Crown and the other half to the Customs private pension fund.

17. The provisions of this Law shall apply also in a case when false marks of origin are affixed to coverings in which the goods are packed when imported, provided that the coverings are of such a nature that the article is intended to be sold in those coverings.

Foreign Marks of Origin.

18. When a treaty exists with a foreign country, and provided that that country extends a corresponding protection to Swedish marks of origin, the King may decree that the provisions laid down in paragraphs 2-17 shall, with the exceptions made in the second paragraph below, be valid in the case of the importation of an article, with a view to its sale, bearing a false mark of origin by which the article bears directly or indirectly any indication of being produced or manufactured in the foreign country or at some place within that country; should the affixed mark, in accordance with commercial use, only indicate the nature of the goods (generic mark), or should the same be accompanied by a specified and clear statement in legible letters stating what the goods really are, which statement, in the case when the article is not produced or manufactured within the country in question, shall indicate the real country of origin, and should the article be produced or manufactured in another place other than that indicated within the country in question, then the true place of origin must be given.

The confiscation of goods with foreign marks of origin shall only take place on denunciation or if the Customs officers find that the goods bear false marks of origin. Before the confiscated goods may be received by the owner or be sold to the general public, they shall, if the affixed mark of origin has not been erased, be labelled with such marks as shall indicate their true origin, as above mentioned. It may be stipulated in the agreement that what is laid down in the first paragraph concerning generic marks shall not apply as regards marks on any articles from which wine may be produced,

19. This Law repeals the regulations of the 9th November, 1888, concerning the prohibition on goods imported into the country with false marks of origin.

20. This Law comes into force on the 1st January, 1914. Cases occurring before this date shall be decided by the Law of the 9th November, 1888.

EXCHANGE OF NOTES between Sweden and the United States of America relative to the Reciprocal Protection of Industrial Property in China.-Dated Tokió, February 26, 1913, and Peking, March 7, 1913.

(No. 1.)—Swedish Minister at Tôkiô to American Minister at

Peking.

MR. MINISTER AND DEAR COLLEAGUE, Tôkiô, February 26, 1913. THE Swedish Government being desirous of reaching an understanding with the Government of the United States for the reciprocal protection in China of Swedish and American industrial property, I have been authorized by my Government to effect with you, by an exchange of notes, an agreement for that purpose.

I have therefore the honour to inform you that I have been authorized by my Government to state that henceforth protection will be afforded, in accordance with the laws of Sweden, for the inventions, designs, and trade-marks of citizens of the United States duly patented or registered in Sweden against infringement in China by persons under Swedish consular jurisdiction. To that end the Swedish Consular Courts and the Swedish Courts, to which the judgment of the Swedish Consular Courts may be appealed, will be competent to hear all such cases presented by American citizens.

I beg that you will kindly inform me whether Swedish subjects are entitled to the same legal remedies in the Consular Courts of the United States in China and the United States Court for China as regards protection for industrial property.

It is understood that the proposed agreement will be effected by the present note and the reply, which will be forwarded

to me.

Accept, Mr. Minister and dear Colleague, the renewed assurance of my highest consideration.

G. O. WALLENBERG,

(No. 2.)-American Chargé d'Affaires at Peking to Swedish
Minister at Tokió.

MR. MINISTER AND DEAR COLLEAGUE,

Peking, March 7, 1913. I HAVE the honour to acknowledge the receipt of your note of the 26th February, 1913, informing me that you have been authorized by your Government to effect with me, by an exchange of notes, an agreement for the reciprocal protection in China of American and Swedish industrial property.

I have the honour to inform you in reply that I have been authorized to state that protection will be afforded, in accordance with the laws of the United States, for the inventions, designs, and trade-marks of Swedish subjects duly patented or registered in the United States, against infringement in China by persons under American jurisdiction. To that end the United States Court for China and the American Consular Courts are competent to hear all such cases presented by subjects of Sweden.

Accept, Mr. Minister and dear Colleague, the renewed assurances of my highest consideration.

E. T. WILLIAMS, Chargé d'Affaires.

AGREEMENT between Sweden and the United States of America Extending until August 18, 1918, the Arbitration Convention concluded on May 2, 1908.-Signed at Washington, June 28, 1913.*

[Ratifications exchanged at Washington, March 6, 1914.]

THE Government of the United States of America and the Government of His Majesty the King of Sweden being desirous of extending the period of five years during which the Arbitration Convention concluded between them on the 2nd May, 1908,† is to remain in force, which period is about to expire, have authorized the undersigned, to wit: William Jennings Bryan, Secretary of State of the United States, and W. A. F. Ekengren, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington, to conclude the following Agreement :

ART. I. The Convention of Arbitration of the 2nd May, 1908, between the Government of the United States of America and the Government of His Majesty the King of Sweden, the duration of which by Article IV thereof was fixed at a period of five years from the date of the exchange of ratifications,

* "United States Treaty Series," No. 585. Signed also in the French language.

+ Vol. CII, page 805.

which period will terminate on the 18th August, 1913, is hereby extended and continued in force for a further period of five years from the 18th August, 1913.

II. The present Agreement shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by IIis Majesty the King of Sweden, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible.

Done in duplicate, in the English and French languages, at Washington this 28th day of June, 1913.

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(L.S.) WILLIAM JENNINGS BRYAN. (L.S.) W. A. F. EKENGREN.

TREATY between Sweden and the United States of America for the Settlement of Disputes by reference to a Permanent International Commission.-Washington, October 13, 1914.*

[Ratifications exchanged at Washington, January 11, 1915.]

THE President of the United States of America and His Majesty the King of Sweden, desiring to strengthen the friendly relations which unite their two countries and to serve the cause of general peace, have decided to conclude a Treaty for these purposes and have consequently appointed the Plenipotentiaries designated hereinafter, to wit:

The President of the United States of America: the Honourable William Jennings Bryan, Secretary of State of the United States; and

His Majesty the King of Sweden: M. W. A. F. Ekengren, his Envoy Extraordinary and Minister Plenipotentiary at Washington;

Who, after exhibiting to each other their full powers, found to be in true and proper form, have agreed upon the following Articles::

ART. I. Any disputes arising between the Government of the United States of America and the Government of His Majesty the King of Sweden, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recourse to arbitration, be submitted for investigation and report to a permanent International Commission constituted in the manner prescribed in the following Article.

"United States Treaty Series," No. 607. Signed also in the French

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The High Contracting Parties agree not to resort, with respect to each other, to any act of force during the investigation to be made by the Commission and before its report is handed in.

II. The International Commission shall be composed of five members appointed as follows: Each Government shall designate two members, only one of whom shall be of its own nationality: the fifth member shall be designated by common consent, and shall not belong to any of the nationalities already represented on the Commission; he shall perform the duties of President.

In case the two Governments should be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and failing an understanding between them, the provisions of Article XLV of The Hague Convention of 1907* shall be applied.

The Commission shall be organised within six months from the exchange of ratifications of the present Convention.

The members shall be appointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed.

Any vacancies which may arise (from death, resignation, or cases of physical or moral incapacity) shall be filled within the shortest possible period in the manner followed for the original appointment.

The High Contracting Parties shall, before designating the Commissioners, reach an understanding in regard to their compensation. They shall bear by halves the expenses incident to the meeting of the Commission.

III. Differences that may happen to occur between the High Contracting Parties and should fail of settlement by diplomatic methods shall be forthwith referred to the examination of the International Commission which will undertake to make a report. By a note addressed to the International Bureau of the Permanent Court at The Hague, which shall communicate it without delay to both Governments, the President may remind the Parties that the services of the International Commission are at their disposal.

IV. The two High Contracting Parties shall have a right, each on its own part, to state to the President of the Commission what is the subject-matter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the action of the Commission.

In case the cause of the dispute should consist of certain acts already committed or about to be committed, the Commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provisionally and pending the delivery of its report.

V. As regards the procedure which it is to follow, the Com

* Vol. C, page 305.

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