The period from the 1st August, 1914, until the coming into force of the present treaty shall be excluded in considering the time within which a patent should be worked or a trade mark or design used, and it is further agreed that no patent, registered trade mark or design in force on the 1st of August, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade mark or design for two years after the coming into force of the present treaty.
ARTICLE 308.—The rights of priority, provided by Article IV. of the International Convention for the Protection of Industrial Property of Paris, of the 20th March, 1883, revised at Washington in 1911, or by any other convention or statute, for the filing or registration of applications for patents or models of utility, and for the registration of trade marks, designs, and models which had not expired on the 1st August, 1914, and those which have arisen during the war, or would have arisen but for the war, shall be extended by each of the high contracting parties in favor of all nationals of the other high contracting parties for a period of six months after the coming into force of the present treaty.
Nevertheless, such extension shall in no way affect the right of any of the high contracting parties or of any person who before the coming into force of the present treaty was bona fide in possession of any rights of industrial property conflicting with rights applied for by another who claims rights of priority in respect of them, to exercise such rights by itself or himself personally, or by such agents or licensees as derived their rights from it or him before the coming into force of the present treaty; and such persons shall not be amenable to any action or other process of law in respect of infringement.
ARTICLE 309.—No action shall be brought and no claim made by persons residing or carrying on business within the territories of Germany on the one part and of the Allied or Associated Powers on the other, or persons who are nationals of such powers, respectively, or by any one deriving title during the war from such persons, by reason or any action which has taken place within the territory of the other party between the date of the declaration of war and that of the coming into force of the present treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Articles 307 and 308.
Copyright Underwood & Underwood
America's Peace Capitol in Paris
The Hotel Crillon, facing upon the Place de la Concorde, was requisitioned to serve during the Peace Conference as the office and living quarters of President Wilson's staff.
Equally, no action for infringement of industrial, literary or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature of the present treaty in the territories of the Allied or Associated Powers on the one hand or Germany on the other, of products or articles manufactured, or of literary or artistic works published, during the period between the declaration of war and the signature of the present treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the districts occupied by Germany during the war.
This article shall not apply as between the United States of America on the one hand and Germany on the other.