This Document is the Property of His Britannic Majesty's Government,
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556
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Kingdom. Members of a firm might very easily overlook the date on which registration of a mark granted twenty years previously expires.
(5.) Regulation 15. As in the case of Regulation 5 the time limit should be extended to six months.
(6.) Regulation 18. It is hoped that the Trade-marks Gazette will be published both in Chinese and English, and that it will appear at such intervals as will enable parties interested to have ample notice of any application for registration of a mark having been made, or of any other matters in which they may be concerned. It is presumed that copies will be obtained at every custom-house at the Treaty ports.
(7.) Regulation 23. The meeting was strongly of opinion that the fees in respect of marks already registered abroad should be on a largely reduced scale. The fee (10 taels) for renewal of a certificate when lost is considered far too high, and the fees for entering a caveat or lodging a protest should be refunded to the applicant in the event of his objection being sustained.
(8.) Supplementary Regulation 24. Public notice of the date on which the Regulations are to come into force must be given, so as to enable firms concerned to make previous arrangements. The full text of the Regulations, and their annexes in Chinese and English, must be published at the same time.
(9.) Such are practically all the observations the British mercantile community have to offer, but it might be of value to have a clause inserted providing that all duly accredited representatives of non-resident owners of trade-marks can be sued locally for any breach of the Regulations in connection with marks which they represent.
I have, &c. (Signed)
J. W. JAMIESON,
Commercial Attaché.
CHINA TRADE.
CONFIDENTIAL.
No. 1.
2
[September 26
SECTION
#1 OCT 041
Sir E. Satou to the Marquess of Lansdowne.--(Received September 26.)
(No. 276.)
Peking, July 30, 1904. My Lord,
I HAVE the honour to transmit to your Lordship herewith a copy of a despatch which I have received from His Majesty's Consul-General at Shanghae, forwarding a letter which has been addressed to the Commissioner of Customs at that place by certain riparian owners and others, submitting a scheme for the construction of a "bund" on both sides of the Whangpoo River.
It appears to me that the only benefit resulting from the adoption of this proposal would be in favour of the riparian owners, who would acquire very valuable additions to their present property, and that it ought not to be entertained, unless as a part of a general scheme prepared by competent engineers for the improvement of the Whangpoo River navigation.
I have, &c.
(Signed)
ERNEST SATOW,
Inclosure 3 in No. 1.
Memorandum by Mr. Jamieson,
THE accompanying translation is made from the Chinese original. The list of classifications has not been translated. It is based on a foreign model, and to it are appended specimens of the forms to be used.
These will doubtless be published by the Customs in due course.
2. The spirit of the Regulations is more in consonance with existing procedure than those proposed by the Customs.
They are elastic, and capable of wide interpretation, whereas the others left little scope for going beyond a literal analysis of the actual wording. Constituted as Chinese Courts are, this is an advantage.
3. In offering observations thereon, one might confine oneself to taking care that no important point has been overlooked, or that nothing likely to injure rights which British subjects have hitherto enjoyed has been introduced.
It seems to the Undersigned, for instance, that the absence of provision for previous notice by public advertisement of intended registration is an important omission. Nor do Regulation 6 and Supplementary Regulation 25 appear to be quite satisfactory.
J. W. JAMIESON,
Commercial Attaché.
(Signed)
(No. 43.)
Sir,
Inclosure 1 in No. 1.
Consul-General Sir P. Warren to Sir E. Satow.
Shanghae, July 22, 1904. I HAVE the honour to inclose a copy of a communication which has been addressed to the Commissioner of Customs here by certain riparian owners and others, laying before him a scheme for bunding on both sides of the Whangpoo River. I have not heard what reply has been made by the Commissioner, but I think it unlikely that the idea will be entertained by the Customs authorities.
I have, &c.
Sir,
(Signed)
Inclosure 2 in No. 1.
PELHAM L. WARREN.
Riparian Owners and others to the Commissioner of Customs, Shanghae.
1904.
A
Shanghae, March
WE beg to draw your attention to the unsatisfactory condition of the River Whangpoo, which is rapidly deteriorating, and in so doing depreciating the value of our property on its banks.
In our judgment the matter is so serious as to call for immediate action being taken to rectify the damage that is being caused not only to ourselves but to the trade of the port generally.
We understand that experts are practically agreed that the proper way to arrest the deterioration of the river is by correcting the irregularity of its width, and making some increase towards its mouth, in agreement with a certain accepted formula as shown by accompanying plan, and we respectfully urge that this or some similar scheme of conservancy be at once adopted, and that owners of river frontages be permitted, at their own expense, to bund out in front of their respective lots to the line determined on.
For ourselves we agree to bund our properties accordingly, and at our own expense, directly permission is given, it being understood that title-deeds will be granted for all land so reclaimed at the present Shenko price of 300 taels per mow, including all expenses, and we have no doubt other riverside owners will be ready to accept such a plan.
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