International Registration of Trade-Mark (Germany) Case.

Abstract

Continuity of States — Establishment of Federal Republic of Germany and German Democratic Republic — Succession to multilateral conventions to which former German Reich a Party — Whether Federal Republic of Germany or German Democratic Republic succeeds to rights and obligations under conventions — The law of Germany.

State succession — To international conventions — Division of State into separate States — Establishment of Federal Republic of Germany and German Democratic Republic — Whether Federal Republic of Germany or German Democratic Republic succeeds to rights and obligations under conventions to which former German Reich a Party — The law of Germany.

Treaties — Conclusion and operation of — Accession to treaties — Accession by “country” — Accession by “country” not recognized by a Party — Whether that Party bound to treat acceding country as a Party — International Convention for Protection of Industrial Property, 1883 — Effect of non-recognition of German Democratic Republic by Federal Republic of Germany — The law of Germany.

Treaties — Special kinds of — Protection of trade — marks — International Convention for Protection of Industrial Property, 1883 — Nature of protection — Effect of international registration — Relation to national registration — The law of Germany.

War — Effects of outbreak of — On treaties — Multilateral treaties — Suspension of operation of — Re-application of — Whether Party entitled to exclude operation during period subsequent to period of hostilities — International Convention for Protection of Industrial Property, 1883 — Re-application by German DemocraticRepublic — The law of Germany.

States — Recognition of — Right of “country” to accede to multilateral treaty — Whether accession by country binding upon other Party in absence of recognition — International Convention for Protection of Industrial Property, 1883 — Notification by German Democratic Republic of re-application of Convention — Non-recognition by Federal Republic of Germany of German Democratic Republic — Whether Federal Republic of Germany bound to treat German Democratic Republic as a Party — The law of Germany.