Page:Japan by the Japanese (1904).djvu/686

The present system of the protection of industrial property is entirely founded on the Patent Law (Law No. 36), Design Law (Law No. 37), and Trade-Mark Law (Law No. 38), promulgated on the 2nd of March, 1890. Three Acts promulgated in December, 1888, were substituted by these laws. These contained much improvement from experience, and in conformity with the rapid progress of commerce and industry made since the introduction of the system of protection of industrial property into our country, and also on account of our joining the international convention for the protection of industrial property.

The present laws being based upon the principles adopted by the international convention above referred to, they guarantee the right of owners of industrial property perfectly and effectively, making no distinction between native subjects and foreigners, and giving the preferential right to those persons with regard to the same application in the dominion of the empire who have already made the application in any contracting State for the patent of inventions or registration of new designs or trade-marks. This preferential right is, however, valid for only seven months in the case of inventions, and four months in the case of designs and trade-marks.

Our country originally adopted the examination system for the protection of industrial property, so that under the laws in force the applications for patents or registrations are to be examined strictly and accurately by the experts of the Patent Bureau in the Department of Agriculture and Commerce. In case these examiners refuse to grant the letters patent or to give approval for registration on the first examination, the applicant may demand the re-examination thereof; and should their applications be rejected again, they can appeal for the judgment of the chief examiners.

Any person having an interest in the patents obtained by other persons may appeal for the judgment of the Patent Bureau, to declare the invalidity of the said patents or to confirm his own right.

A person who is dissatisfied with the decision of the Patent Bureau may appeal to the Court of Cassation, as far as the appeal is made on the ground that the decision of the Bureau has been given without applying the provisions of the law, or by applying them unjustly to the case. The Patent Bureau is bound to obey the opinion expressed by the court on the trial of the said case.

If a person making an application for the patent of in-