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THE CHINESE TRADEMARK
LAW
UNITED PROTEST BY ALL THE FOREIGN CHAMBERS OF COM
MERCE IN SHANGHAI, OBNOXIOUS POINTS IN LAW
41
CLEARLY EXPOSED.
The following letter has been addressed
EXTRATERNITORIAL RIGHTS.
SPORT.
THE TENNIS TOURNAMENT.
A REVIEW,
It must also be observed that dis- putes with the Bureau regarding regia- tration are likely in practica ta ture on questions of precisely the sams character as those which arise in cases of infringe
The Hongkong Cricket Club annual ment, questions, for example, regarding. priority of registration, priority of user. lawn tennis tournament this year is more similarity of marks, and the nature of popular than ever. The competitions the business in which the marks concern.
ed are employed. In cases of infringe are being keenly contested, the standard ment all such questions are, at the pre of play is in many cases above the aver gent, tried either in extraterritorial,
by all the Chambers of Commerce of courts, or in the Shanghai Mixed Courtage, and a particularly keen interest in
NEW. LOCAL BARRISTER. SAME UNIVERSITY AND INN AS CHIEF JUSTICE
Mr. John Harry Barclay Nihill, M.C., Third Assistant in the office of the Secretary for Chinese Affairs, was ges- terday admitted to practice as a barrister in Hongkong.
His admission was moved at the open- ..
Attorney-General. (Mr. J. H. Kemp. Shanghai to the Consular Body. It sets or in Chinese Courts in which foreigners/ the games is evinced by the public who ing of the Criminal Sessions by the Hon. have a treaty right to be represented, are present in good numbers on the Club, who stated that Mr. Nihill was Whatever the correct interpretation of ground each afternoon, Favoured with
educated at Felstead and Emmanuel article may, be, there is grave obiec- tion to the exercise of powers analuguous good weather (only one day's sport has to indicial powers by the Fura, the been spoiled so far) the competitions College, Cambridge. In 1914 Mr. Nihil was President of the Cambridge Union. three trademark judges the Ministry of are making excellent progress and era Commerce or the Administrative Court, none of which are properly speaking long we should see the second rounds is
The exercise of such all the events completed. judicial bodies.
The three outstanding events this year powers by them, especially if forrige re-
the
events (Champion presentation is excluded, will in our opinion constitute a modification of extra- territorial rights both in principle and practice.
March 7th, 1924.
out trenchantly the objections to the Chinese Trademark Law, the most ob unxious features of which are appended. Sia, The Chambers whose, names ap pear at the foot of this letter, being apprehensive of the consequences likely to ensue from a recognition of the pro posed Chinese Trademark Law in its present form, desire to lay before you and your colleagues on the Consular Body. the following considerations re
garding the law.
# code in
NO BAIX FOR THE SACRIFICE. Their main cause of anxiety is not
G-We are unable to see what compen merely the fact that the Law makes no provision for foreign participation in the sating advantages foreign trademark administration of the Bureau but "the owners will obtain for the very serious further fact that, in case of dispute with sacrifices which the preceding paragraphs the Bureau as to whether a trademark disclose. It is true that the new law is registrable or not, articles to 36 supplies
a department of provide only for appeal to purely Chinese life where before there was zone, Chinese bodies, namely, in the Srst in- but in the present disturbed state of tance to three trademark judges, who China there seems to be very little renser are to be appointed by the Bureau, next for supposing that the new code will meet with readier observance than other to the Ministry of Agriculture and Com meree and finally to the Administrative laws promulgated by the Central Govern-
ment. Court.
The articles in question are enclosed as an appendix to this letter..
PURELY CHINESE BODIES,
10
two
open
in the Royal Munster Fusiliers. After 2nd from 1914 to 1819 held a Commission
the Battle of Cambrai in 1017 be was awarded the Military Cross. He acted as Private Secretary to Sir William
Edge, one of the Lords of the Treasury, ir. 1919 and 1990. He read in the Chari- bers of Sir William Marshall Hall and was called to the Bar in 1921. In July
The Chief Justice (Sir William Rees- Davies) in admitting Mr. Nihill, said he had a distinguished record, both at the University and during the war. Mr. Nihill's career was additionally interest ing by reason of the fact that they the Chief Justice and Mr. Nihill were members of the same University and of the same Inn of Court. He hoped that Mr. Nihill's experience in Hongkong would be a successful one
Singles and Doubles) and the Mixed Doubles. The latter event is always popular but this year, with the lady play- ers giving such decidedly good exhib tions of tennis, the interest in this com- petition is greater than ever and it seems rather a pity that the energetic Tennis of 1921 be was appointed to the Eastern Committee does not arrange an Open Cadet Service and shortly afterwards
Prob came out to Hongkong. Singles Championship for ladies. ably with such a full programme they do not feel disposed to do so, but if they could see their way to include such an event je future tournaments there would be no doubt as to their popularity,
The inclusion of Ng Sze Kwong, Singles Champion of the Colony for the last six A remedy for the objections detail years in both the Open Singles and ed above appears to us to he essential Doubles events gives these two competi- if the rights and interests of foreign tions a peculiar interest. For years past trademark owners are to be safeguard he has just appeared in the challenge In asking the Consular Bedy to inviteed. We submit as a legitimate and pfhe- round of the Singles event, playing one the attention of the Doyen of the Diploical proposal that the suggested foreign match and then disappearing, with his matie Roly to them we would ask you at assistance should include the same parti trophy. Sportsman that he is, he is this the same time to lay before him the tipation in the settlement of disputes year fighting his way through from the COL. JOHN WARD'S HONOUR
VINDICATED. following considerations:-
regarding registration"as is at present first round, and to day he was down to 1-In the event of dispute with the provided for in all other cases of display his first match against H. H. Crook, which he should win easily. Then again Bureau these articles preclude diplo pates between foreigners and Chinese.
the inclusion of T. Honda (Japanese), matic assistance being given to foreign trademark owners until they have ex-
We earnestly request that representa Singles Champion of the Federated hausted the remedies provided, that is tions be made by your Colleagues to the Malay States, brightens things consider tqayantil after the question in dispute Diploinatic Body to use every possible ably. Unfortunately, Honda and Ng Ste has been before three purely Chinese endeavour to ensure that the rights and Kwong have been drawn in the bottom bodies, the last of which is the Adminis property of foreigners are not jeopardiz bracket, and provided neither meet with Koltchak said. trative Court in which the appellantis ed by the recognition or acceptance a sensational defeat, they will have to The allegation that a British officer could to bring an action, in conformity with of the new Trademark Law, without an eat any he fourth for deploy much a variance with the high traditions
are certainly the outstanding couple in the the rules of law," whereafter it is ex such modifications as will provide for
those entirely pressly laid down in article as that adequate foreign representation in the the bottom bracket. There are rumours of the services that only
વર્ષો થશ decision having been given no person Trademark Bureau, and on every Tri that Ng Sze Kyong is not playing this ignorant of the service would make such of the House, and him as a member another bearing on the same facts and any decision affecting foreign interests not the first year that rumours of this he asked the her, member to withdraw the whosoever skall be permitted to ask for bunal which may be called upon to give sear un to his previous form. This is an accusation. This allegation also reflec kind have been heard, but always Ng has statement and the inuendo er give sich evidence Diplomatic representations, in connection with Trademarks.
The term Tribunat es used above in just shown himself to be good enough | pro Wallhead (Lab., Murthyr) said he
roof as he could of the accusation. necessarily stayed until the resources of
for the best Should these two players the law Have been exhausted. will then have to encounter the difficulty presented
mert in the fourth round Ng Sze Kwong had no intention of attributing anything will probably win and go into the semi-di-honourable, and he made the interjec by this very categorical closure of the
sion on the assumption that Col. Ward was CASC.
nal
The other semi-finalist from this at the time serving as an offer under bracket will probably be H. D. Rumjahr. Kolchak and in his pay. It was not in
Col Ward said he was very glad to fall ill during the tournament and Commission. He unreservedly apologisel.. dropped out of this event during the
He is a good l gound accept the withdrawal and apology. third round. player and without doubt, is the best sticker of the Famous Rimịnh
2-Whereas in European, Americas
cludes:
MODIFICATION INDISPENSABLE,
(a) the Courts which will try eases of
infringement;
()the bodies which are to deal with
disputes incident to registration.
There are many other serious objec
In the House of Commons on February 14th-Colour) John Ward (Ind, L., Stoke) referring to the debate on 12th, said that according to Hansard Mr. Wallbed, ad- dressing him, and referring to money alleged to have been given to Admiral
You hut some of
and Japanese' Láw, nppeal from the regions to the Act in its present form, but Last year . D. had the misfortune i his mind that Col. Ward bore the King's
gistrar of trademarks may he made to,
a Court of Justice: under the proposed foreign representation as indicated above Chinese Law an provision is made for is in our opinion vital if property worth appen to any enurt of justice as that many million of tuels is so receive ade. term is ordinarily understood. Thus the quite protection.-We are, etc., all-important quotation as to whether
a mark is registrable or not, on which the right to use it will depend, is to bei decided not by judges in our sense of the term but by bureaucrats, China has undertaken to protect foreign marks, yet the machinery which she is providing for! their protection is in this respect greatly inferior to the protection which trade- mark owners enjoy in Europe, America | and Japan.
A DANGEROUS LIMITATION, 3-It follows that when cases of in.) fringement arise the scope of inquiry of Chinese Courts will be restricted to a certaining whether or not a mark has been registered. Thus, while a foreign trademark owner, finding the sale of his goods, is being interfered with by the ap pearance on the market of a mark similar io his owu will be able to bring an nction against the owner the infringing mark, he will not be able to get assist ance from the Court if the defendant Is able to prove registration. The for eigner's safeguard, it may be contended, lies in watching the advertisement of marks before they are registered. On the other hand the value of the safe guard, will depend upon the efficient ad
inistration of the Burean, which, a
!!.
Ac-
J. HAROLD DOLLAR, Chairman, American Chamber of quartette.
Commerce.
Sa mach for the bottom bracket. Ia the top bracket four players call for Chairman, Belgian Chamber of note. They are R. E. Worthington, 8. E.
A. S. DONNAY,
Commeres.
R. Scorr
"YESTERDAY'S RESTUTS.
The result for yesterday's match's are as follow:-
OPEN CHAMPIONSHIP SINGLES.-T. Honda Green, S. A. Rumjaha and O. Rumjahn. By a strange chine S. E. Green has to beat . Krebs, 6-1, 6-9, 0-3: Ho Ka Lau · meet S. A. Rumjahn the third round,beat A. S. Hat, 6-4, 6-4, 6-0. Chairman, British Chamber of They met in the same round last years and M. W. Lo best Yew Man Tun and OPEN CHAMPIONSHIP DOBLES.-M. K. S. A. Rumjahn winning. Bat this year S. E. Grecu is playing very well and Yew Man Kit, 4-6, 6-2, 73, 6-4;A. B. and SA. Rumjahn heat Hancock and when they meet on Friday it in a toss R. J. Saunders, 4-6, 6-3, 6-4, 1-6, 6-3, up as to who will win, Green plays the most stylish terpis on the Courts, and
Cominèrge.
E. CEABLOT. Chairman. French Chamber
Monoerce.
C. FUMAGALLIŲ
of
Chairman, Italian Chamber of
Commerce. T. TANABE,
Chaininan, Japanese Chamber of
Commerce.
M. J. HERSCHLEE, Chairman, Netherlands, Chaunber of Commerce, FRITJOT HOLANKE, Vice-Chairman, Norwegian Cham
her of Commerce. Wyos NORMAN,
in Chinn.
CLED CHAMPIONSHIP.-G.
W. Sewell
if he can stay the distance he might just bent A. B. Haworth, 8-6, 6-2, 6-1. R. M. manage to win. After 0: Rumjaha's Henderson W. B. Comaly, 7-5, 7-5, 4-4 MIXED DOUDLES-Mr. and Mrs. F. W disappointing exhibition against S. (nnEnished) Isma on Tuesday he becomes a doubt-
ful proposition, but should be strike his Spencer (+15) bear Mr. and Mrs. F. H. form again he ought to go through to Phillips (+15.5), 7-5, 2-6, 6-3,
HANDICAP SINGLES "B"-A. H. Penn the semi-final where he will probably
j-k
come up against R. E. Worthington who(+6) p C. R. Baron (1/6), 9-7, should experience no difficulty in getting there.
Of the semi-finalists, R. E. Worthings Chairman, Swedish Association and Ng Sze Kwong seem to be the
two most likely to appear in the final.
The Open Champion Doubles compati . C. PEARCE,
tion is making good progress. The first Chairman, General Chamber of round has been completed and already
Commeren. Com. G. N. De Rosar
Consul-General for, Italy. And Senior Consul. Shanghai.
#
TO DAY'S MATCHES.' OPEN SINGLES.-A. H. Cronk . Ng Ka Kwong.
OPEN DOCLES-H. Owen Hughes "and G. R. Morr. Ho Wei Hing and Ho Ka Lan; H. Krebe and T. Trambitsky Robert Line and William Mok
O. and H. D. Rumjahn have gone intel HANDICAP DOUBLES.-V. Woodward and the third round. Other outstanding D. D. Dryden (+15) . L. Forster and couples are: S. E. Green and T. Lay G. E. Aubrey (−2/6).
In very strong combination), Ng Sze
HANDICAP SISOLËS "A."--B. A. Hin Kwong and C. Choa, R. E. Worthington | (+4/6) »." D. S. Green (+3/8).
and F. A. Redmond, M. K. and M. W. Lo. S. A. and A. H. Rumjahu,
(Continued on ezt column)
CRICKET.
7. C.8.0.0.
1)
UNIVERSITY 2ND XI. v. 1.R.C.
the law at present stands, is to be officered entirely by Chinese who can lay claim to no experience whatsoever in the
ARTICLES NO, 29 TO NO, 75. registration of trademarks... In this con-
Article -A request"for a bearing pection we would draw attention to the shall be made to the Bureau, of Trade The probable semi-finalists in the top fant that the Feudemark Gazelle publish Marks in writing. In a hearing, the bracket are: S. E. Green and T. L UNIVERSITY "FAST" AND "PRESENT** ed by the Ministry of Commerce is pub documents of persons concerned shall be Ng Sze Kwong and C. Choa. In the lished entirely in Chinese, a fact which duplicated and served upon the appon bottom bracket S. A. and A. H. Ram- increases the difficulty of watching adverents, by the Bureau in order, that the jaha: and O. and H. D. Rumjaha tisements.
party may be directed within the period should meet in the semi-nal.
The following will represent the Uni DIFFERENCE IN TRANSLATION.
? allowed to present a rejoinder to the
versity Past and Present XI. in a 4-Wa desire also to draw attention document presented by the other party;
friendly match against the C.8.0.C, on to article 43. There is a discrepancy of or an inquiry in writing may be forward-
Saturday on the C.R.C.. ground at 2.13 considerable importance between the ed to a party, and the latter may be
p.m, sharpThe Hon. Sir Claud Sovern If the act of a person intervening in capt.). Nr. Sze Kwong, A. H. Rumjaho, Chinese official translation of this article directed to present a written opinion and the translation of it made by the thereon.
a hearing, conflicts with the act of the W. M. Gillins, C. Cho, Iter. E. K. British and American Legations. Article 30-A hearing is conducted by party be purports to assist. the inter Quick, Prof. M. II. Roffey, A. H. Rum- cording to the former the judicial proce- three trade mark judges consulting to vertion shall have no effect. "...
jabu, H. N. Balbatchet, T. O. Yow and dare provided by existing treaties fa together; a majority vote being decisive. Article 3-A person who is dissatis. Hachiuma Reserve: H. Hunt. come into force only when one of the Trade mark judges shall, for each case,fied with the decision in a hearing may, criminal offences specified in articles be designated by the Director of the within thirty days from the date when kuch ́ decision has been served upon him, 39-42 has been cornmitted by foreigners. Bureau of Trade Marks According to the latter it is to come into
trade mark judge shall withdraw demand a rehearing of the matter. The
The following will represent the Cai force whenever foreigners are concerned from a hearing if he is interested in the provisions governing hearing shall apply versity 2nd XI. in a League matchi against the 1.R.C2nd XI. on Saturday either as prosecutors ar defendants in matter, or has previously taken any part to a rehearing criminal proceedings. The legal remedy in the matter.
Article 34-If a petitioner is dissatis on the University ground at 2.15 p.m. which foreigners will have when they are Article 1-A decision in hearing, may he may, io conformity with the rules of Osman, C. A. Peterson, CW, Lam, J. fied with the decision in a rehearing, sharp:-J. L. Younganye (capt.). 31. R. plaintiffs in civil actions against Chinese be given upon the documents of the case for infringement, or when Chinese but, if necessary, a time shall be fixed law, within sixty days, appeal to the Noronha, W. Sling, H. Y. Leong, commit any of the criminal offences men- to conduct an oral hearing
Ministry of Agriculture and Commerce. A. I. M. Bar, M. A. Kyum, V. F. R. tioned in articles 30 to 49, is not in "If any party to a hearing fails to ob.
Further, if the petitioner is dissatis Viccajce and B. P. Ng......... any way defined. This point appears to serve the legal or fixed period of time, fied with the decision in the appeal and our Chambers to be of vital importance. the hearing shall not be suspended.
considéra such decision to be contrary The Law as it stands is open to the in- Article 2-A person who is interest to the law and regulations in force, he terpretation that foreigners, when plained in the matter of a hearing may, may bring an action in conformity with tiffs in cases of infringement of foreign before such hearing comes to an end; the rules of law before the administra marks by Chinese, or in cases where apply to intervene. Whether or not this tive court.
Article 35-When a decision in a hear. The result of the Bogey Pool competi Chinese commit any of the criminal intenvention shall be allowed, shall be offences mentioned in articles 30 to 42, decided after the parties have hera ining in the matter of a trade mark has tion, played at Fauling on March 15th, can only have recourse to purely Chinese quired and consultation of the trade hern given, no hero whosoever shall be 16th and 17th, was that Messrs. T Courts, ie, where there is no foreign mark judges his been made.
permited to ask for anther hearing na Bennett and J. P. Warren divided the
pool hoth 2 up. representation.
(Continued at foot of next column.)
the same fact and evidence,
GOLF.
BOGEY POOL COMPETITION.