RESTORATION OF CERTAIN INDUSTRIAL PROP ERTY RIGHTS AFFECTED BY WORLD WAR II Agreement signed at Washington October 28, 1947, supplementing agreement of April 4, 1947 Entered into force February 27, 1948 62 Stat. 1876; Treaties and Other International Acts Series 1725 SUPPLEMENTARY AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FRANCE CONCERNING THE RESTORATION OF CERTAIN INDUSTRIAL PROPERTY RIGHTS AFFECTED BY WORLD WAR II The Government of the United States of America and the Government of the French Republic, Being desirous of further extending certain periods provided for in the Agreement Between the United States of America and France Concerning the Restoration of Certain Industrial Property Rights Affected by World War II, signed at Washington on April 4, 1947,1 in order to assure the attainment of the objectives of that agreement, Have agreed as follows: The extension of the period of priority for the filing of applications for patents or designs and models with the benefit of the right of priority as provided by Article I of the aforementioned agreement, the restoration of industrial property and the time for taking action or payment of any fee as provided by Article II of the aforementioned agreement, and the time for the payment of annual taxes for patents as provided by Article V of the aforementioned agreement, are further extended until February 29, 1948. It is understood that the application to nationals of France of the provisions of Sections 1, 3, 4, 10, and 15 of the law of the United States of America approved August 8, 1946, Public Law 690, 79th Congress, and of the provisions of the law of the United States of America approved July 23, 1947, Public Law 220, 80th Congress,3 relating to patents and designs, shall 1 TIAS 1667, ante, p. 1202. 60 Stat. 940. 361 Stat. 413. be considered as complying with the requirements of the agreement of April 4, 1947 and the present supplementary agreement. Each Government shall deliver to the other Government a notice that it has accepted the present supplementary agreement in accordance with its law and has taken all steps necessary to enable it to carry out all its obligations under the present supplementary agreement. The supplementary agreement shall come into force on the day the said notices are delivered by each Government to the other. If the said notices are delivered on different days, the supplementary agreement shall come into force on the day of the delivery of the notice later * in time. Done in duplicate, at Washington, in the English and French languages, each equally authentic, on October 28, 1947. For the United States of America: For the French Republic: By note no. 63 dated Feb. 27, 1948, received in the Department of State the same date, the French Embassy in Washington notified the Department of State of the approval of this agreement by the French Parliament. By a memorandum dated Feb. 27, 1948, delivered on that date to the French Embassy in Washington, the Department of State notified the French Embassy of the acceptance of this agreement by the Government of the United States of America. RECIPROCAL TRADE Agreement and accompanying letters signed at Geneva October 30, 1947 1 61 Stat. 3715; Treaties and Other International Acts Series 1704 AGREEMENT Between the United States of America and the FRENCH REPUBLIC SUPPLEMENTARY TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE The Governments of the United States of America and the French Republic, 2 Having participated in the framing of a General Agreement on Tariffs and Trade and a Protocol of Provisional Application, the texts of which have been authenticated by the Final Act adopted at the conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, signed this day, Hereby agree that the Trade Agreement and Protocol of Signature between the United States of America and the French Republic, signed May 6, 1936,3 and related notes, shall be inoperative for such time as the United States of America and the French Republic are both contracting parties to the General Agreement on Tariffs and Trade as defined in Article XXXII thereof. IN WITNESS WHEREOF the representatives of the Governments of the United States of America and the French Republic, after having exchanged their full powers, found to be in good and due form, have signed this Supplementary Agreement. DONE in duplicate, in the English and French languages, both texts authentic, at Geneva, this thirtieth day of October, one thousand nine hundred and forty-seven. For the Government of the United States of America: For the Government of the French Republic: PIERRE BARADUC Pursuant to notice of termination given by the United States June 13, 1962. TIAS 1700, ante, vol. 4, p. 639. 8 EAS 146, ante, p. 997. EXCHANGE OF LETTERS The Acting Chairman of the United States Delegation to the Preparatory Committee of the U.N. Conference on Trade and Employment to a Member of the French Delegation DEAR MR. BARADUC: OCTOBER 30, 1947 A point of legal detail has been brought to my attention in connection with the Agreement Supplementary to the General Agreement on Tariffs and Trade which we propose to sign on behalf of our two Governments on October 30 making the Reciprocal Trade Agreement of 1936 between the United States and France inoperative so long as both the United States and France are parties to the General Agreement on Tariffs and Trade. As you know, Article XVII of the 1936 Agreement provides that it may be terminated by either party after three years on six months' notice. The inclusion of such a provision in all our trade agreements is required by the Trade Agreements Act.* Our lawyers have suggested that the very general terms of the proposed Supplementary Agreement might possibly be interpreted as making it impossible for either party to the 1936 Agreement to exercise this right of termination. It is, of course, improbable that either of our Governments would wish to exercise this right of termination, but under our law we must, nevertheless, retain it in force. To suggest a formal amendment to the proposed Supplementary Agreement expressly excepting Article XVII of the 1936 Agreement at this late date would cause considerable inconvenience and would give greater emphasis to this point than it deserves. I am therefore writing to make it clear that we would be signing the Supplementary Agreement with the understanding that its general language would not prevent notice of termination of the 1936 Agreement given by either party while we were both parties to the General Agreement on Tariffs and Trade from effecting termination of the 1936 Agreement in six months. I would appreciate it if you could give me the assurance that your Government has the same understanding. Sincerely yours, Mr. PIERRE BARADUC The Delegation of France 48 Stat. 943. WINTHROP G. BROWN A Member of the French Delegation to the Acting Chairman I hasten to acknowledge the receipt of your letter of October 30 and to confirm to you that I am in complete agreement with you in considering that the text of the Supplementary Agreement would not prevent notification of the denunciation of the Agreement of 1936 during the period in which our two Governments will be parties to the General Agreement on Tariffs and Trade. Sincerely yours, Mr. WINTHROP G. BROWN, President of the United States Delegation to the Preparatory Committee of the Conference on Geneva. P. BARADUC |