FOREIGN RELATIONS, 19 4 6, VOLUME IV



   ANNEX 4. SPECIAL PROVISIONS RELATING TO CERTAIN KINDS OF
                             PROPERTY
           A. INDUSTRIAL, LITERARY AND ARTISTIC PROPERTY
 Rights to induwtrial property.
   As the period of validity of a patent in Finland is exceptionally
long, for patents granted prior to 1.1.1944 20 years and thereafter 17
years, it would be desirable from the Finnish point of view if the
period of validity instead of being extended by a period corresponding
to the duration of war, would remain unchanged and the holders of
patents for this period would get compensation from the user of the
patent. In such case it would be an internal matter for Finland to
decide whether the State should pay the compensation owed by a
bona fide user.
  It is understood that the unpaid annual fees for patents should be
paid when the patent rights are re-established if it is meant that the
holder of a patent is entitled to compensation from the user of a
patented invention for the years during which the patent was lost.
  As during war practically all connections with the Allies were
severed, patent agents in Finland had hardly any possibilities of pur-
suing their clients' patent applications. According to the regulations
of the Finnish Patent Office these applications should have been con-
sidered void. Directly after the outbreak of war the patent office
adopted a procedure according to which the applications of Allies
were not considered void unless there was an absolutely compelling
reason for it. For this reason comparatively few patent applications
of Allies have become void, and the number of such cases to be taken
up again is by no means alarming. If patent applications have be-
come void, the same procedure should be applied to them as to patents,
i.e. they should not automatically have to be taken under consideration
unless the patent holder or his assignee applies for it. No protection
of utility models is in force in Finland.
  In Finland trade marks are registered for 10 years. The registra-
tion can be renewed for another 10 years if it is done before the expira-
tion of the previous period. A great number of the trade marks of
Allies which were registered in Finland on June 22, 1941, have ceased
to be valid because of the expiration of the registration period, and
renewals could not be applied for, all connections being cut off. The
Draft Peace Treaty cannot either purport that such trade marks as
have been deleted from the register should automatically be considered
to have been continually in force; the holder of the trade mark shall on
the contrary make an application in order to have the deletion can-
celled. It would seem reasonable if a system could be adopted ac-
cording to which the holder of the trade mark in so far as the 10-year



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