OBSERVATIONS ON DRAFT PEACE TREATIES



down in paragraph 2 be fixed "from Sept. 1, 1939, to the date of the
coming into force of the present Treaty" and not "from the outbreak
of the war until a date 18 months after the coming into force of the
present Treaty". There is in fact no justification for such a long delay.
  e. Concerning paragraph 3, the Italian Delegation agrees as to the
advisability of excluding the war period from the normal duration of
rights in industrial, literary and artistic property. The Italian Gov-
ernment on its part, with a law of June 20, 1945, concerning literary
and artistic property has already provided for an extension of the
duration of rights in the economic exploitation of intellectual
production.
  The Italian Delegation proposes that, in analogy with the other
terms, the date from which the further period provided in paragraph 3
should begin shall be fixed at Sept. 1, 1939.
  Instead of ". . . which were in force in Italy at the outbreak of
the
war" the sentence: "which were in force in Italy on September 1,
1939"
should be inserted.
  f. The Italian Delegation finds that the proposal of the U.S.S.R.
Delegation to suppress the sentence in italics in paragraph 4 is justi-
fied, for it would be extremely difficult to ascertain the rights granted
by any one Allied or Associated Power to any other United Nation.
  g. In paragraph 5 the protection of the rights belonging to third
parties should also be extended to literary and artistic property. It
would be sufficient to add to the first part of paragraph 5 the words
underlined in the following sentence:
       Have bona fide acquired industrial, literary and artistic prop-
erty rights ..
  h. The Italian Delegation also proposes that, failing agreement
between the parties concerned, the terms and conditions of license men-
tioned in the second part of paragraph 5 be fixed by the Mixed Court
proposed in Article 76 bis (Italian amendment) and not by the Con-
ciliation Commission established under Article 72 of the present
Treaty. The controversies would in fact concern relations between
private persons and not between governments.
  i. With regard to paragraph 8 it should be recalled that the Italian
Delegation has suggested that rights in industrial, literary and artistic
property should not be included in the property which, according to
paragraph 1 of Article 69, may be retained or liquidated. There is
consequently no ground for mentioning Article 68 in paragraph 8,
Annex 6. Such mention should therefore be suppressed.
  7. [sic] In accordance with what has already been said, the Italian
Delegation insists that clauses be added to Annex 6 establishing:
  -the date of cessation of the measures which the Signatory Coun-
tries of present Treaty intend to adopt; and



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