110

Registration fee.

Several patterns under one cover to pay sepa­rate fees.

Ownership belongs to applicant.

Regulation binding the owners of patterns and removal of the seals thereof.

When the registration is annulled and the pattern right forfeited.

Loss of right to exclusive use of a pattern.

Encroachments, &c.

§ 6 .

The registration fee is ten guldens for each pattern, treasury of the Chamber of Commerce.

This is paid into the

_ § 7 -

Several patterns may be handed in under one cover: but in this case their number must be indicated upon it, and the fee paid for each separate pattern.

Every incorrect statement on the cover affecting this rate will be charged to the depositor in the threefold amount of the evaded fee.

§ 8 .

The applicant in whose name a pattern has been registered (the depositor) is considered the real proprietor of it, until the contrary is proved.

§ 9 .

The party entitled to protection must use the pattern for industrial products at home, and introduce the latter to trade within one year after the deposit has been made. During this time the patterns deposited under sealed cover will be kept in this condition. At the end of the first year the seals will be removed in the presence of two witnesses, a record made, and the inspection of the patterns allowed to every one, as was already the case at first with respect to those deposited open.

III.— Invalidity of the Registration, loss of the Pattern Right.

§ 10 .

The registration of a deposited pattern is void and without effect if one of the following facts are proved:—

(a.) That industrial products made according to the deposited patterns were already in the trade, at home and abroad, before the date of the deposit:

(b.) That the pattern has previously appeared in a printed publication :

(c.) That it has been previously registered at home in the name of another person:

(i d .) That the depositor has unlawfully obtained the pattern (§ 2).

§ 11 -

The right to the exclusive use of a pattern becomes extinct—

(a.) If the depositor does not use the protected pattern in the Austrian Empire within one year after its deposit:

(b.) If the depositor introduces into the Austrian Empire goods made abroad according to the pattern.

IV.— Encroachments, Infringements, and Penalties.

\ 12 .

Every infringement on the pattern-right, be it by illegitimate transfer or imita­tion of a protected pattern, or by the sale of goods manufactured according thereto,