For the purpose of explaining the difficulties encountered by our judges in the application of this new law, who had not had the time necessary to enable them to study its letter and spirit, and the principles thereof, largely derived from United States constitutional doctrines, an American auxiliary judge was appointed who was thoroughly familiar with the Spanish language, and upon whom was vested a jurisdiction equal to the four judges of first instance, said appointee being Mr. Augustus A. Montague. In continuation are inserted compendiums of the statements presented by the justices of the peace, courts of first instance of Manila, the civil and criminal branches of the supreme court, as well as of the secretary of the gubernative department thereof, showing the number of matters pending and determined by each since their organization to July 31 last; also the statement lately received from the court of first instance of Cavite. In reference to justices of the peace, only such matters added to their jurisdiction by the new law of criminal procedure are stated, they now having jurisdiction over certain classes of felonies, while formerly they had only jurisdiction over misdemeanors: Matters determined and returned to the respective courts 552 22 NOTE. This statement does not include the opinions rendered by the presidency in a large number of cases received from the military governor and returned only with the signature of the president, nor the orders and rulings made upon consultations had in regard to matters appertaining to the registers of property and to the notarial offices. C. S. ARELLANO. WAR 1900-VOL 1, PT X- -11 APPENDIX HH. OFFICE OF PATENTS, COPYRIGHTS, AND TRADE-MARKS, SECRETARY U. S. MILITARY GOVERNOR IN THE PHILIPPINE ISLANDS, Manila, P. I. SIR: I have the honor to submit, in reply to your letter of July 25, 1900, the following annual report of this office for the year up to June 30, 1900. The office of patents, copyrights, and trade-marks was organized by the undersigned pursuant to the following order: GENERAL ORDERS, No. 24. OFFICE OF THE U. S. MILITARY GOVERNOR IN THE PHILIPPINE ISLANDS, I. The offices of patents, of copyrights, and trade-marks, heretofore administered as separate bureaus of the "direccion general de administracion civil," are hereby consolidated into a single office, to be known as the office of patents, copyrights, and trade-marks, and placed in charge of Capt. George P. Ahern, Ninth United States Infantry, who will receipt to the Spanish authorities for all records, documents, and property pertaining thereto. II. The duties enjoined in Circular No. 12, division of customs and insular affairs, in reference to the filing here of patents and trade-marks issued in the United States and duly registered in the United States Patent Office, and all duties which, under the laws relating to patents, copyrights, and trade-marks applicable to the Philippines, pertain to the director-general de administracion civil" and his subordinates, are hereby devolved upon the officer in charge of the office of patents, copyrights, and trade-marks above designated; all matters of administration arising in that office which under those laws required the action of any higher authority than the "director-general de administration civil," will be forwarded for consideration and action to the office of the United States military governor in the Philippines. III. So much of article 27 of the royal decree of October 26, 1888, regulating the concession and use of trade-marks, as requires reference to the "real sociedad economica" of industrial marks, designs, or models presented for registration, for investigation, and report as to whether such marks, designs, or models are already in use, or are the property of third persons, is hereby suspended. By command of Major-General Otis: THOMAS H. BARRY, Assistant Adjutant-General Article 13 of the Treaty of Peace, signed at Paris December 10, 1898, is as follows: ART. 13. The rights of property secured by copyrights and patents, acquired by Spaniards in the island of Cuba and in Porto Rico, the Philippines, and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary, and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories for the period of ten years, to be reckoned from the date of the exchange of ratifications of this treaty. Pursuant to verbal orders from the office of the United States military governor, a commission consisting of Señor Avelino de Osma and the undersigned was authorized to transfer from the custody of Spanish officials all records, documents, and property pertaining to abovementioned bureau. The following records, consisting of 6 volumes, were found and transferred. Two volumes, No. 1 and No. 2, Registers of Titles of Industrial and Commercial Trade-marks. Register of Certificates and Titles of Chinese Trade-marks, 1 volume. Special Register of Marks granted by the minister of concessions in Spain, 1 volume. Register of Patents (vol. No. 2), dated 1888. Register of Copyrights, 1 volume. Volume No. 1, Register of Patents, was missing and has never been found. Volume No. 2 contains copies of notarial certificates of patents granted in Madrid from February 11, 1888, to August 22, 1888. This volume with a few certificates forwarded from time to time from the bureau of Spanish archives in Manila is the sum total of the matter turned over to this Government by the Spanish bureau of patents in Manila. No record is to be found of transfers of property rights in patents, nor nullification of said rights, and no records of payments of annual fees. There were two classes of Spanish patents, one granted by the insular authorities for a very limited period of years, and another class which might run for twenty years, granted at Madrid. No drawings nor models were found here. It was claimed that all had been sent to Spain; that Manila Gazette published the certificate of each Spanish patent shortly after it was granted, and for the period of twenty years preceding American occupation between 2,000 and 3,000 such certificates were published. The one register of patents mentioned above contains but 212 such certificates. Several hundred certificates have been received from time to time from the Spanish archives in Manila. These have been classified, indexed, and filed. The registers of trade-marks contain almost all the trade-marks granted, but very few certificates are authenticated. The Royal Economic Society of Manila was authorized under Spanish law to report upon applications for trade-marks, and were a species of special examiners. From said society was received 4 volumes containing their records of trade-marks granted under Spanish law. These complete the records of the trade-marks bureau, and furnish enough working data to satisfy the needs of this office. There is one Register of Copyrights dating from November 23, 1881, to December 12, 1898. This register contains the name of the author, the title of the object copyrighted, and date of issue. The period of protection for a copyright extended to eighty years from the date of death of the author. The law under which we protect patents granted by Spain requires the payment of an annual progressive tax, which tax is 10 pesetas the first year, and increases each year by 10 pesetas until the twentieth and last year of payment, when the tax amounts to 200 pesetas. But one holder of said patents has paid, through this office, the said annual tax since June, 1899, although a circular was published August 30, 1899 (No. 10), giving notice that said payments should be made at this office. A few Spanish trade-marks granted in 1884 have been renewed for another period of fifteen years. Many applications have been made at this office for the registration of new trade-marks used in these islands, but no authority has been given to grant such titles; some of said applications have been sent to the Patent Office at Washington, D. C., but were returned (letter dated Washington, D. C., March 5, 1900), with a ruling by the Commissioner of Patents denying said right to inhabitants of the Philippine Islands, inclosing a copy of a decision of the Attorney-General of the United States of December 2, 1898, which says: I think that the inhabitants of Hawaii are not at present, in the absence of affirmative legislation by Congress to that effect, entitled to the benefits of our copyright. Porto Rico, Cuba, and Manila have not, as yet, been formally ceded to the United States. So far as they are subject to the control and government of this country they are ruled under the principle of belligerent right. They have not become entitled to the rights and privileges of citizens of the United States. In my opinion, when they shall have been directly ceded by treaty to the United States, and such treaty duly ratified by the Senate, their respective inhabitants will not be entitled to the benefit of the copyright laws unless the treaty by its terms confers such right, or Congress shall afterwards extend such laws to the inhabitants of those countries. The Commissioner of Patents then remarks: The treaty of peace between Spain and the United States confers no rights on the inhabitants of these islands entitling them to the registration of trade-marks and labels, and Congress has not extended the trade-mark and copyright laws to such islands. Shortly before the organization of this office the following circular was received: CIRCULAR No. 12. WAR DEPARTMENT, DIVISION OF CUSTOMS AND INSULAR AFFAIRS, Washington, April 11, 1899. The following is published for the information and guidance of all concerned: In territory subject to military government by the military forces of the United States owners of patents, including design patents, which have been issued or which may hereafter be issued, and owners of trade-marks, prints, and labels, duly registered in the United States Patent Office under the laws of the United States relating to the grant of patents and to the registration of trade-marks, prints, and labels, shall receive the protection accorded them in the United States under said laws; and an infringement of the rights secured by lawful issue of a patent or by registration of a trade-mark, print, or label, shall subject the party guilty of such infringement to the liabilities created and imposed by the laws of the United States relating to said matters: Provided, That a duly certified copy of the patent or of the certificate of registration of the trade-mark, print, or label shall be filed in the office of the governorgeneral of the island wherein such protection is desired: And provided further, That the rights of property in patents and trade-marks secured in the islands of Cuba, Porto Rico, the Philippines, and other ceded territory, to persons under the Spanish laws, shall be respected in said territory, the same as if such laws were in full force and effect. This was followed by: CIRCULAR G. D. MEIKLEJOHN, WAR DEPARTMENT, DIVISION OF CUSTOMS AND INSULAR AFFAIRS, No. 21. Upon the receipt of such certified copy the governor-general will issue his formal receipt therefor and forward it to the party filing the same. |