HC Deb 08 July 1930 vol 241 cc214-5
28. Mr. WARDLAW-MILNE

asked the President of the Board of Trade whether he is aware that Italy undertook under The Hague Convention, which became operative on 1st June, 1928, to modify her own patent laws, in accordance with the regulations of the convention, but in fact has not yet done so; that under the convention of 1925, which became operative in 1928, exploitation was unnecessary and a system of compulsory licences was introduced but, as Italy has not modified her laws, the Italian courts still hold that patented articles must be absolutely manufactured within the country, and that the result of this is that British patentees who have been working under the terms of the convention now find their patents useless and their ideas exploited by others in Italy without redress; and whether he will take action to bring the matter at once to the notice of the Italian Government?

Mr. W. GRAHAM

The International Convention for the Protection of Industrial Property, signed at The Hague on 8th November, 1925, came into operation between Italy and this country on 1st June, 1928, and British subjects are accordingly entitled to claim the benefits of that Convention in Italy as from that date. I have just received particulars of a case in which it is alleged that a British firm has been refused such benefits and I am considering whether any action should be taken.

Mr. WARDLAW-MILNE

When the right hon. Gentleman goes into the case that has been put before him, which is the case on which this question is based, will he take special note of the fact that it is not that they are not getting justice in Italy, because they are getting the justice that is laid down by the present Italian law, but the fact that Italy has not altered her laws in accordance with the undertaking she gave at the time of the Convention, and that thereby British subjects and other foreigners lose all their rights?

Mr. GRAHAM

I have just received the case in detail, and I have given instructions for a, very full inquiry to be made. I will certainly bear in mind also the additional point which the hon. Member has put.

Mr. WARDLAW-MILNE

Will the right hon. Gentleman give me an opportunity of discussing the matter with him?

Mr. GRAHAM

Certainly.