[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE,
CONFIDENTIAL.
(No. 4.) My Lord,
No. 1.
C.O.
(March 15, 1904)
SECTION 1.
Mr. Jamieson to the Marquess of Lansdowne.--(Received March 14.)
14:20 APR 04
216
Shanghae, February 6, 1904. IN continuation of my despatch No. 3 of the 25th January, I have the honour to inclose copy of another communication, together with the inclosures therein, which I have addressed to His Majesty's Minister on the subject of the proposed Rules for the registration of Trade-marks.
I have, &c. (Signed)
J. W. JAMIESON,
Commercial Attaché.
Inclosure 1 in No. 1.
Mr. Jamieson to Sir E. Satow.
(No. 5.) Sir,
Shanghae, February 5, 1904. I HAD the honour on the 1st instant to address to you a telegram, asking you to defer action in the matter of my despatch No. 4 of the 23rd January, on the subject of Rules for the registration of Trade-marks, until you received fuller information from me.
This request on my part was based on representations made to me by a prominent British merchant, pointing out that the Rules, as proposed, contained no provision for the protection of what are known as “open chops,” that is to say of marks, which, although not registered in Great Britain, have been in current use here for years past. The number of such "chops" is very great, and, as the United States and Japanese Treaties—in contradistinction to our own—provide for the protection of such marks only as are actually registered, substantial injury might be done to British interests were the Rules left unamended.
I accordingly circulated the draft Rules amongst the heads of the leading importing houses, and they yesterday met together at my office to discuss the matter. The result of this discussion is embodied in a private letter I wrote to the Deputy Inspector-General, of which a copy is inclosed. As I have already reported, the Customs held that I am straining the interpretation of Article VII, but, by agreeing to this Article, a surrender of existing rights was surely never contemplated, and I venture to hope that you will support me in this view. Reasonable argument—assessorial intimidation the other side call it—has hitherto always secured in Chinese Courts protection for legitimate marks, but with the introduction of hard and fast Rules this attitude may easily undergo modification.
For instance, a Chinese may import plain, unmarked goods, and affix thereto a ticket, exactly similar to that of an old established "open chop," the property of a British subject. As the Rules stand, such ticket might be accepted by the Registrar, in spite of protest by the original owner, because nothing is laid down with regard to his right to refuse registration of marks resembling other marks not previously registered.
The British mercantile community feel very strongly on this point, and trust that you will be good enough to endorse the recommendations put forward, and to insist on their adoption by the Chinese Government.
I append a copy of Rule 6, as it ought to read, after the incorporation of their suggestions.
I have, &c. (Signed) J. W. JAMIESON,
Commercial Attaché.
[1878 -1]