103
*
doing no subsequent alterations or representation of the' patented article, no matter of what nature, may be taken into account.
§42.
The Ministry of Trade and Commerce alone gives opinion on the question as to ^y t n >^™tees. whether a granted patent is to be regarded as invalid or extinct (§ 29) on any legal grounds. It therefore specially decides on the question of the novelty of a patented discovery, invention, or improvement; as to whether it was only introduced from abroad, and was not suitable for a patent; and, finally, in disputes between two patentees about the question of the complete or partial identity of their patents.
§43.
The examination into and punishment of the infringements specified in §§ 38 and 39 is the duty of the political jurisdictions, m whose district they have been diction, committed, in accordance with the existing, regulations for the procedure in cases of trade encroachments, unless other regulations are hereafter issued. . .
Everyone is at liberty in such cases to appeal to the highei.authoiities against the enactments and judgments ot the political, district jurisdiction, if he imagines himself aggrieved thereby, and if an alteration of the first decision is decreed in consequence of this step he can further appeal to the Ministry of lrade. However, this appeal must be deposited in either case witnin 14 days at atest 10 m the day of delivery of the decision which is appealed against.
If a sentence of punishment is appealed against, its execution is stayed pending the final decision. If, during the examination, it appears that the decision depends on a previous question, upon which only the civil courts can decide, the political authorities refer the parties to the competent, civil courts, and they (the political authorities) can only arrive at their own decision in such a case after the legal verdict of the civil court has been submitted to them. Moreover the valid decision of the political authorities, in virtue of which anyone has been found guilty of an infringement of the law of patents and sentenced to a punishment, serves the aggrieved party as a basis whereon to establish his claims to compensation before
the civil judge.
§44.
The political authorities can appoint an inspection or scientific report to he made if sufficient reasons exist, and if by this or any other means the fact of a punishable infringement is authentically proved, they can direct the immediate confiscation or Other suitable custody of the imitations of counterfeits of the patented article, and of all implements and appliances exclusively serviceable for producing them.
However, in so doing, care is always to be taken that no irreparable damage is inflicted upon the accused unless urgently necessary, and therefore, in case of need, flic deposit of a suitable security by the aggrieved party tor libel and damage is required.
§ 45.
If, during the examination, it appears that the decision depends on previous ques- tions which rest with the Ministry of Trade and Commerce (§ 42), this decision is to