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Austrian tariff of import duties upon the principal articles of British produce and manufactures : arranged in groups, in accordance with the classification of the objects contributed to the Vienna Universal Exhibiton of 1873; with alphabetical index, a comparative table of Austrian, English and French money, weights, and measures, the Anglo-Austrian treaty of commerce, the Austrian patent laws, and other official documents of importance ; Vienna Universal Exhibition, 1873 / prepared by Her Majesty's commissioners, for the guidance of British exhibitors
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102

Proof of infringement of patent, and its conse­quences.

Cases calling for a modi­fication of the preceding section.

cases where the copy or counterfeit should be made on the basis of an entirely or partially identical patent which has, however, been granted him at a later period.

( b .) If anyone introduces or obtains from abroad, without the consent of the patentee, imitations or counterfeits of an inland patent for the purpose of sale in trade, or of the custody or exhibition of it for such sale, or, finally,

(c.) If any one undertakes the sale, or even only the custody or exhibition of such articles for sale, without the consent of the patentee.

§ 39.

If the specification of a patent has been registered the first infringement consti­tutes an infringement of the law; if, however, the specification has been kept secret every repetition of the infringement is, at the request of the aggrieved party, to be punished by a fine of fl. 25-1,000 in addition to the forfeiture (confiscation) of the imitations or counterfeits. In case of the insolvency of the delinquent, he is to be sentenced to one day’s arrest for every five guldens, in lieu of the fine.

With regard to the implements and appliances exclusively serviceable for the execution of an imitation or counterfeit, they are to be taken to pieces, altered, or rendered useless, according to their nature, provided no other arrangement is arrived at about them, as between the aggrieved party and the delinquent.

The fine goes to the poor-box of the place where the infringement was com­mitted. The forfeited articles are to be destroyed, unless an arrangement is made between the condemned and the patentee for their remittal on account of the compensation awarded to the latter.

If the delinquent has made use of the knowledge of the discovery, invention, or improvement he has obtained in the service or by the confidence of the patentee, for the purpose of infringement, this is to be taken into consideration in passing sentence as an especially aggravating circumstance.

§ 40.

If the aggrieved party does not wish to prosecute, or if it is merely a question of the first infringement of a patent, the specification of which is kept secret, the aggrieved party is only entitled to insist upon the discontinuance of further imita­tions or counterfeits, and the sale thereof, and to demand security that the trespasser’s imitations or counterfeits, in case they are produced in the country, are neither used nor sold, nor again introduced abroad, in case they should have been imported thence for sale during the time the patent is in force.

§ 41.

In all disputes the discovery, invention, or improvement is only to be judged of in conformity with the specification appended to the petition for a patent. This specification, therefore, must in all cases serve as a basis for giving a decision where this depends on the contents of it, regardless of its being kept secret; and in so

 
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