Full resolution (JPEG) - On this page / på denna sida - Second part - XV. Synopsis of Industrial Legislation. By A. Berencreutz, Chamberlain, Swedish-Norwegian Consul General, Copenhagen - Designs and Models, by N. Rahm, Chief Engineer, Royal Patent Office, Stockholm - Foreigners
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1060
xv. synopsis of industrial legislation of sweden.
ground of energetic opposition chiefly from textile manufacturers, remained in want of
legal protection until January 1, 1900, and the protection now given only refers to
one branch of industry — the metal trade, which had made repeated proposals for
protection, and of whose opinion in the matter there could, therefore, be no mistake.
The Swedish law respecting designs has regard only to so-called ornamental
designs and models and is based upon the principle of a preceding examination
of the originality of the design. Those entitled to registration are inventors of
designs or their legal representatives, and registration is granted both to Swedes
and to foreigners without respect being paid to the degree in which Swedes can
claim a corresponding advantage abroad. If the applicant be not resident in
the country, he must have a representative entitled to answer for him in
everything respecting the right of protection. Protection embraces a term of five
years dated from the filing of the application, and the law does not mention any
extension of the term. The fee for registration is 10 kronor, once for all. The
registration is public and the general character of the design must be given in
the application, which must also be accompanied by three copies of a representation
of the design or of the model.
Foreigners.
Considering the rights due to foreigners of carrying on trade in
Sweden, a nnmber of stipulations can be gathered from the account
above. These and others referring to the subject will here be brought
together in one place. Except for a Norwegian subject, it depends, as
a rule, on the consideration of the King whether a foreign man or
woman be allowed to carry on trading or manufacturing business,
handicraft or other work in the Kingdom.
An application for that’ purpose is sent in to the Governor of the Län
together with a certificate of majority and of good character as well as a
communication about a solvent bondsman or other surety for the taxes being paid
to State and community during three years. In that application the town or
place must be mentioned where the work is to be carried on. When such are
found necessary, further informations about the applicant as well as the
respective explanations of the party concerned arc requested by the Governor of the
Län, who then returns the documents to the Financial Department and
expresses his own opinion on the matter. When the question is about driving a
blast-furnace or a smelting-house, iron-works, a manufactory, or other works aiming
at the utilization and refinement of products out of the mineral kingdom, and
consequently not to be considered as handicraft work, the application is sent in to
the Board of Trade and not to the Governor of the Län.
A license to carry on commerce or other trade also involves the right of
sending goods from one place to the other within the kingdom, as also to and
from foreign parts, but does not imply the right of peddling or of being a
pedlar’s assistant. Nor yet does it involve the right to sell off or to assist at a sale
without the Government’s having granted permission on the strength of a treaty
entered into; and such a permission is applied for in the same way as for »
commerce or trade. But, without special license, a foreigner is allowed to have shares
in a ship, provided these do not exceed a third of the burden and that he be not
the principal owner.
Without special license, a foreigner may also be shipped on a Swedish vessel,
with the observation, though, that when being shipped in the kingdom, no more
than a fourth of the crew must be foreigners. A foreigner must not be captain
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