Dokument 
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
Entstehung
Einzelbild herunterladen

112

Previous questions referred to competent tribunals.

Prosecution for infringe­ments to be instituted by the aggrieved parties.

Disputed right to pat­terns to be decided by experts.

Privileges of courts of justice in respect to sealed patterns.

Privileges granted to aggrieved parties.

The decision with regard to the claims for compensation mentioned in § 12, and disputes regarding the ownership of a pattern, is given by the Civil Judge.

§ 20 .

Should it occur in the course of the examination or inquiry that the result depends on a previous question upon which the Civil Courts have to decide, the Political Jurisdiction refer the parties to the competent tribunal, and can only give their own decision in such a case after legal sentence of the Civil Courts have been handed in.

Moreover, the legal sentence of the Political Jurisdiction, by which anyone has been found guilty of infringement of the pattern-right, serves the aggrieved party to establish his claims for compensation before the Civil Judge.

§ 21 .

A trial for punishment on account of the infringements specified in this law can only be instituted on the application of the aggrieved party, unless a criminal act has been committed, which is to be proceeded against ex officio according to the Penal Code, by the Criminal Courts.

But if he withdraws his application for punishment of the accused before the announcement of the authoritative decision, all punishment, as well as all further inquiry with that object in view, will be put an end to, without prejudice to his claims to compensation at Civil Law.

§ 22 .

As often as it is a question of comparing two patterns in order to prove an in­fringement, the authorities are to obtain a report from unprejudiced experts. When drawing up a report, the parties to the dispute are to be present and their expla­nations and possible objections heard. A report can only be contested on account of doubts a6 against the experts, or on account of informalities.

If it is defective or vague, its rectification may be insisted upon.

lleview of it is not allowed.

§ 23 .

In all disputes, the Political Jurisdiction, as well as the Court, is entitled to demand the transmission of the deposited pattern by the Chamber of Commerce and Trade against a receipt. In case of its being necessary to open the cover of the pattern the depositor is to be summoned.

If he does not appear, two unprejudiced witnesses are to be present. A record is to be taken of the seals having been removed.

§ 24 .

The aggrieved party is entitled to demand, even before the decision of his plaint, the confiscation or other custody of the products denoted by him as being manu­factured by an infringement of his pattern-right, as well as the implements and appliances used for that purpose (§ 12). The Political Authorities are to order this to take effect immediately after production of the official certificate or dupli-