Papan has no egelile ginst fair competition, but several art of the Chill Petals at 1 Conimercial Codes, as well as of the lave relating to tra le-marks, patents, and designs would seem to be applicable to cases of unfair competition. CIVIL CODE-Articles 70 and 710 of the Civil Code of Japan are similar to articles 13-2 and 13:3 of the French Civil Code.1 Akt, 709. A person who has intentionally or negligently violated the right of another is bound to compensate any damages resulting in consequence, * Awt. 710, Irrespective of whether the person, liberty, or honor (reputation) of another is injured or his property rights are violated, the person who is bound to make compensation for damage in accordance with the provisions of The preceding article must make also compensation even for damage other than that to his property. PENAL CODE. Article 233 of the Penal Code provides against disparaging another. Aur 4 Whoever by sprending a false rumor or by means of deceit injures the credit of another, or hinders him in the exercise of his calling, is punished by Top Tomment up to three years or by a fine up to 1,000 yen. * Annotated Civil Code of Japan. by 1 1. de Becker, London, 1909, mam foluich für das kaimelich Japanische Reich vom 23, April 1907. Bertin, 1908, COMMERCIAL CODE.-The Commercial Code of Japan1 contains several articles which relate to the confusion of trade names, some of which specifically prohibit certain practices in the use of trade names as unfair competition. The language of articles 19, 20, 22, and 23, which are the most pertinent in this connection, is as follows: ART. 19. A trade name already registered by another person can not be registered within the same Shichoson for the same business. ART. 20. He whose trade name has been registered can ask for an injunction to restrain other persons from using the same or a similar trade name for the purpose of unfair competition. In such case damages can be claimed. He who uses the trade name already registered by another person within the same Shichoson for the same business is presumed to use it for the purpose of unfair competition. ART. 22. In case both the trade name and the business are transferred, unless the parties expressly provide otherwise, the transferor can not carry on the same business within the same Shichoson for a period of 20 years. If the transferor has promised not to carry on the same business, such promise has its validity only in the same Fu2or Ken2 for a period of not more than 30 years. The transferor, irrespective of the provisions of the preceding paragraphs, can not carry on the same business for the purpose of unfair competition. ART. 23. The provisions or article 22 are applicable where the business is transferred exclusive of the trade name. Article 17 of this code requires that a business association shall indicate the specific form of association in its trade name, and article 18 prohibits, under penalty of a fine, the use of a word indicating a business association in the trade name if no such association exists. TRADE-MARK LAW.-The Trade-Mark Law (No. 25) of April 2, 1909, contains the following provisions relating to fraudulent and deceptive trade-marks. ART. 23. Persons who come under any one of the following subheadings shall be punished with penal servitude for a period not exceeding five years, or with a fine not exceeding 1,000 yen. (1) A person who uses for identical goods the registered trade-mark of another person, or who uses for identical goods a vessel or wrapper, etc., which bears the registered trade-mark of another person, or who transmits or sells such goods, or who keeps them for the purpose of transmitting or selling them. (2) A person who transmits or sells the registered trade-mark of another, or vessels, or wrappers, etc., bearing such mark, with the intention that they shall be used for identical goods, or who keeps them for the purpose of transmission or sale. (3) A person who counterfeits or imitates the registered trade-mark of another person, with the intention of using it, or causing it to be used on identical goods. 1 Commercial Code of Japan, by Yang Yin Hang, Boston, 1911. 2 The terms Shichoson, Fu, and Ken are Japanese words designating administrative divisions of the Japanese Empire. There are three Fu (Tokyo, Kyoto, and Osaka) and 42 Ken, and they have similar administrative organizations. The Shichoson is a subordinate administrative division. * Patent and Trade-Mark Review, Vol. VII, p. 2841, fol. (4) A person who transmits or sells counterfeits of or imitations of trademarks with the intention that they shall be used on identical goods, or who uses them on identical goods. (5) A person who transmits or sells identical goods on which counterfeits of or imitations of trade-marks have been used, or who keeps them for the purpose of transmitting or selling. (6) A person who imports, for the purpose of transmitting or selling, goods on which a mark has been used which is identical with or similar to the regis tered mark of another person, or who transmits or sells such goods, or who keeps them for the purposes of transmitting or selling them. (7) A person who manufactures, transmits, sells, or keeps the necessary implements for the purpose of counterfeiting or imitating the registered trademark of another person. (8) A person who, in connection with identical goods, uses a mark identical with or similar to the registered trade-mark of another person on commercial advertisements, notice boards, handbills, price lists, or other mercantile docu ments. The institution of criminal proceedings shall be awaited before cognizance is taken of any offense mentioned in the preceding clause. ART. 24. Persons who come under any one of the following subheadings shall be punished with penal servitude for a period not exceeding three years, or with a fine not exceeding 300 yen: (1) A person who obtains registration of a trade-mark by a fraudulent act. (2) A person who marks as registered an unregistered trade-mark, or who puts a deceptive mark upon it. A person who uses such a mark upon goods, or who transmits or sells such goods, or who keeps them for the purpose of transmitting or selling. (3) A person who, without obtaining registration, uses in an advertisement. signboard, or handbill, etc., a trade-mark which is marked as registered, or to which a deceptive mark which suggests that it has been registered is applied. PATENT LAW.-Article 93, section 2, of the Patent Law No. 23 of April 2, 1909,1 relates to the use of fraudulent or deceptive marks in connection with patents. ART. 93. Persons who come under any one of the following subheadings shall be punished with penal servitude for a period not exceeding three years, or with a fine not exceeding 500 yen: (1) A person who obtains a patent by a fraudulent act. (2) A person who marks a thing which is not patented or the vessel or wrapper that contains it as though it were patented, or who puts a deceptive mark upon it, or who sells or circulates such falsely marked things. (3) A person who, for the purpose of sale or circulation of a thing or process which is not patented, or for the purpose of causing the use of a process which is not patented, makes it appear in an advertisement, signboard, or handbill that the thing or process is patented, or puts a deceptive mark on it which would lead one to think that it was patented. LAW OF DESIGNS.-Article 25 of the Law of Designs No. 21 of April 2, 1909, relates to fraudulent or deceptive designs. ART. 25. Persons who come under any one of the following subheadings shall be punished with penal servitude for a period not exceeding one year, or with a fine not exceeding 300 yen: 1 Patent and Trade-Mark Review, Vol. VII, pp. 2801, 2813, (1) A person who obtains registration of a design by a fraudulent act. (2) A person who marks a thing to which a registered design has not been applied, or its receptacle or wrapper as though the design were registered, or who puts a deceptive mark on it, or who sells or circulates such falsely marked things. (3) A person who, for the purpose of sale or distribution of a thing to which a registered design has not been applied, makes it appear in an advertisement, signboard, or handbill that a registered design has been applied to it, or puts any deceptive mark upon it which would lead one to think so. Section 26. International agreements regarding unfair competition. INTRODUCTORY.-The special laws regarding unfair competition of some countries, such as Germany, contain provisions regarding the rights of foreigners to the protection afforded. As a rule, however, this matter is settled by international agreement. The United States, for instance, has entered into conventions for the protection of industrial property with some 19 foreign countries. There are also various international agreements in existence, some official and some private, which provide uniform regulations for the protection of certain forms of industrial property. Most important of the public agreements is that of the "International Union for the Protection of Industrial Property." INTERNATIONAL UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. As early as 1873 the International Patent Congress in Vienna proposed an international agreement for the uniform legal protection of patents.1 The International Congress for the Protection of Industrial Property at Paris, in 1878, concurred in this plan, and the movement finally culminated in 1883 in the organization of the "International Union for the Protection of Industrial Property" at Paris. The Paris agreement of this union of March 20, 1883, together with the Madrid protocol of April 15, 1891, were revised and modified at Brussels on December 4, 1900, and signed at Washington on June 2, 1911, by the following members of the Union: Germany, Austria, Hungary, Belgium, United States of Brazil, Cuba, Denmark, Dominican Republic, Spain, United States of America, France, Great Britain, Italy, Japan, United States of Mexico, Norway, Netherlands, Republic of Portugal, Servia, Sweden, Switzerland, and Tunis. Articles 2 and 10 of this agreement, which provide for the suppression of unfair competition, are as follows: ART. 2. The subjects or citizens of each of the contracting countries shall enjoy, in all other countries of the Union, with regard to patents of invention, models of utility, industrial designs or models, trade-marks, trade names, the statements of place of origin, suppression of unfair competition, the advantages 1 Osterrieth und Axster "Die Pariser Konvention," Berlin, 1903, p. IX. * Convention between the United States and other Powers for the protection of industrial property; Treaty Series No. 579, Washington, 1913. T21 DE JAK I may hereafter grant to the citizens of DESECHIOT DHg sal bave the same protection as the latter 100 de stie sal Melk 1st any infringements of their rights, proTOHË DHE NEDpy va de fenaides and requirements imposed by the NaTUGIE, AVS Jć ein Sue De Snities. Any obligation of domicile or Ć estilosóment a de stay where the protection is claimed shall not be apes in Že nemcers at De Toa IR NU de som tar cutries agree to assure to the members of the mua 11 febre jatentie spins unfair competition. Artille of of this agreement provides that trade-marks which are admitted to registry in the country of origin shall be admitted to registration and protected by all of the members of the Union unless 1 they infringe the rights of third parties in the country where protection is sought. (2) are not distinctive in the language or estem of the country where protection is sought, or (3) are contrary to morals or public order. According to article S trade names are protected in all the countries of the union without the obligation of filing. Article 9 provides that any product bearing illegally a trade-mark or trade name is prohibited from importation and shall be seized or otherwise disposed of by the country of importation. Article 10 relating to false indications of origin is as follows: ART. 10. The provisions of the preceding article shall be applicable to any product bearing falsely, as indication of place of production, the name of a definite locality, when this indication shall be joined to a fictitious or borrowed trade name with an intention to defraud. As interested party is considered any producer, manufacturer, or merchant, engaged in the production, manufacture or commerce of such product, and established either in the locality falsely indicated as place of production or in the region where this locality is situated. In the final protocol it was agreed that "the words 'propriété industrielle' (industrial property) should be taken in their broadest acceptation"; they extend to all production in the domain of agricul tural industries (wines, grains, fruits, animals, etc.), and extractives (minerals, mineral water, etc.)." At the Washington congress the Belgian delegate made the explicit reservation with regard to article 10bis that those countries which do not have a special law for the suppression of unfair competition shall not be obliged to enact any. Great Britain desired that the Union should add the following clause to article 10bis: The term "unfair competition" shall extend especially to the affixing to merchandise or products, conjointly or not with a trade-mark, of figures, words, or other indications calculated to make one believe or suppose that they come from a person other than he who has actually produced or sold them. This amendment was not adopted, however, by the union on account of the objection of the Austrian delegate, whose instructions |