CHILI. 



115 



law. One very important feature, among 

 others of the code, is the establishment of 

 guarantees for the peaceful exercise of all 

 forms of worship, and the placing the clergy, 

 in certain cases, within the jurisdiction of the 

 civil authority. The clerical party, as was 

 natural, were alarmed at such innovation ; and 

 the latter became the object of violent protes- 

 tations on the part of the archbishop, who pe- 

 titioned the Senate not to sanction such hereti 

 cal machinations. 



A law was enacted in November permitting 

 the planting of tobacco, under certain restric- 

 tions. It will now be seen whether the soil 

 of Chili is favorable or unfavorable to tobacco- 

 culture. 



Inasmuch as there has been considerable 

 discussion in Congress of late years, and espe- 

 cially in 1872, as to the advisability of any 

 patent law, commissioners having been ap- 

 pointed to examine into and report upon the 

 same, and to suggest what reforms they deemed 

 necessary iu the event of the continuation of 

 the law now in force, it may not be uninter- 

 esting to transcribe here the leading clauses ot 

 that law: 



Article 152 of the Chilian Constitution, dated May, 

 1833, grants to every author or inventor the exclu- 

 sive proprietorship of his discovery or invention for 

 the time allowed by law ; and, further, authorizes the 

 payment of a proper indemnity, should it be found 

 necessary to publish the invention. 



In 1840 a law was passed which expressly limits 

 the privileges which should be ceded in Chili to 

 patentees ot an invention, and lays down the formu- 

 la and conditions under which such privileges shall 

 be granted. A new invention or discovery must be 

 laid by the inventor before the Minister of the In- 

 terior, who has to appoint a committee for the ex- 

 amination of the samples, models, or drawing* pro- 

 duced. On the report of these commissioners, who 

 are sworn to secrecy, the minister grant!) or with- 

 holds the patent. 



The term of a patent cannot exceed ten years. 



The patentee pays a Bum of fifty dollars into the 

 treasury as a contribution toward the museum, in 

 which the model of his invention is kept, together 

 with a full explanation of the use and method 

 of the article or matter he has invented, which is 

 preserved, closed under private seal of the invent- 

 or, until the term of his patont has expired. 



By the same law, and under the same conditions, 

 a patent is allowed for inventions of arts or indus- 

 tries which may appear in foreign countries, but 

 are unknown in'Chili ; but such patents are granted 

 for shorter periods, not exceeding eight years. 



The transfer of patents, or the privileges thereon, 

 to another party is permitted, unless fraudulency bo 

 suspected. 



Forgeries of an article already patented are sub- 

 ject to a fine of from one hundred to one thousand 

 dollars, and the forfeiture not only of the article it- 

 self produced, but also of the establishment and im- 

 plements used in manufacturing, the proceeds of 

 such a fine and forfeiture being equally divided be- 

 tween the treasury and the patentee, after payment 

 of the loss calculated as suffered by the latter. 



Should a patent be fraudulently obtained, that is, 

 nnder false pretences, or by any other but the in- 

 ventor himself, such person is liable to a fine of 

 from one hundred to one thousand dollars, or an im- 

 prisonment of from three to twelve months. 



In case of disputes arising between parties who 

 may obtain privileges sanctioning the issue of the 



same article, the law provides the settlement of 

 such causes by arbitration, an arbitrator being named 

 by each party, and a third by the Minister of the 

 Interior. 



Patents may be granted as effective throughout 

 the country, or be confined to one or more prov- 

 inces. 



Terms exclusive of the period allotted for the pat- 

 ent are granted for the purpose of installing the es- 

 tablishment, machinery, or industry for the issue of 

 the invention ; but, should this term expire without 

 the object for which it is intended being carried out, 

 all privileges allowed lor the patent are annulled ; 

 and in the same manner is all exclusive privilege 

 disallowed, if such establishment is abandoned lor 

 more than one year, or if the article produced is in- 

 ferior to the original sample. 



Extension of the term ceded for patents on exclu- 

 sive privileges of production, are allowed when the 

 patentee is judged worthy of such an extension of 

 his patent, out for which he must have applied six 

 months before the expiration of his first license. 



In August, 1851, a law was decreed, which obliges 

 the commissioners who take cognizance of the peti- 

 tion for a patent, or introduction of an industry, to 

 report, not only on its utility, but also on the "hin- 

 derances which might result to industry or commerce 

 by the cession of an exclusive privilege, as also to 

 report on the difficulties or expenses to which the 

 petitioners may be subjected in their undertaking, 

 with a view to determine the allotted time for the 

 introduction of the art or invention, in order that 

 full knowledge may be taken of the industry which 

 may be prejudiced by any cession of exclusive priv- 

 ilege. Special mention must also be made whether 

 the petition is for a patent of invention, or for in- 

 troducing into the country some new article. 



Under date of August 16, 1856, a law was promul- 

 gated, which makes it obligatory on the petitioner 

 lor the introduction of inventions already known in 

 other countries, that the privileges for which he t-o- 

 licits be published in the official journal during the 

 term of thirty days, in order that those parties who 

 may have already brought into the country, or es- 

 tablished such inventions or industries, or have 

 taken eteps for their introduction or establishment, 

 and thereby incurred expense previous to the pcf- 

 tion for such exclusive privilege, shall have a right 

 to oppose the cession of the monopoly. 



A statue of Lord CocLrane was inaugurated 

 on February 12th, in Valparaiso; and the 

 occasion was solemnized with banquets and 

 other demonstrations of rejoicing. 



The relations between Chili and the Argen- 

 tine Republic were becoming more cordial in 

 the early part of the year ; but toward Sep- 

 tember discussions arose concerning the 

 vexed question of Patagonia, the whole of 

 which territory is claimed by the Argentines. 



The plans for the exhibition building of 

 1875, were approved of by the Government 

 on March 17th. The building, which will be 

 a permanent one, will be erected in the grounds 

 of the Normal School of Agriculture, and is to 

 cost $225,000. 



An earthquake was felt in Valparaiso and 

 Santiago, on July 8th, the shocks of which 

 were of unusually long duration, and of an 

 intensity exceeding that of the earthquake of 

 1851. Some lives were lost, and public and 

 private edifices, and even statues, etc., in the 

 cemeteries, were considerably injured. All 

 pendulum clocks stopped; the church In-lls 

 tolled ; and a railway-train was detained by 



