[This Document is the Property of His Britannic Majesty's Government.]
4
out with due diligence, care, and economy, the bond then maturing to be delivered up to the Chinese Government to be cancelled.
12. If within six months of the date of the Agreement there are not sufficient funds furnished by the Chinese Government to organize the work and to purchase and equip a plant commensurate with the magnitude of the undertaking, or if at any time it shall appear to the Diplomatic Representatives of the Signatory Powers that the works are not being prosecuted with due diligence, care, and economy, they shall have the right to give notice of the termination of the Agreement except in so far as relates to the validity of the bonds mentioned in the foregoing Article, and thereupon the said Representatives to be entitled to require the execution of the stipulations of the Protocol of the 7th September, 1901, contained in the said Article X1 (b) and Annex 17 thereto (whether or not the Chinese Government appoint a member of the Board), save in so far as contributions from foreign property, shipping, and merchandise, contained in paragraph 30 of the said Annex are concerned, and the powers of the Conservancy Board thereby created to revive as if the new Agreement had not been entered into, and the Representatives of the Signatory Powers to be then entitled to present for payment the above-mentioned bonds then remaining uncancelled, or to sell them on the market as the necessities of the case may require.
I trust that your Highness' Government will recognize in the foregoing suggestions the readiness of His Majesty's Government to meet the desire of the Chinese Government to have substituted for the Arrangements made in 1901 others which are more agreeable to them, and that your Highness will as soon as possible signify to me their willingness to accept them.
I avail, &c.
(Signed) ERNEST SATOW.
CHINA TRADE.
CONFIDENTIAL,
No. 1.
[November 14.]
SECTION 2.
706
Sir E. Monson to the Marquess of Lansdowne.-(Received November 14.)
(No. 581.) My Lord,
Paris, November 13, 1904.
I HAVE the honour to inclose copies of the note which I addressed to M. Delcassé, in compliance with the instructions given me by your Lordship, on the subject of the proposed Chinese Regulations for the registration of trade-marks, together with a copy of his Excellency's reply.
Your Lordship will see that the French Government propose to press the Chinese Government in the strongest manner to postpone the promulgation of the Regulations for six months.
From a conversation which Mr. O'Beirne had by my directions with the responsible official at the Ministry of Foreign Affairs, I understand that the French Government do not consider that the purpose would be served by extending the period of six months mentioned in Article 26 to twelve months. Such an arrangement would prolong the time allowed for depositing existing trade-marks in the Chinese Bureau, but it would permit of the Regulations as a whole being brought into force forthwith, and the French Government are strongly of opinion that it is impossible to consent to this until various important modifications have been introduced after full consultation between the Governments concerned. Among the points specially mentioned as requiring consideration are the provisions for preventing the registration of counterfeit trade-marks, and certain penal provisions.
I gather that the German Government are agreed with the French Government in the matter, and the latter earnestly beg that they may be informed as early as possible of the decision of His Majesty's Government.
I have, &c. (Signed)
EDMUND MONSON.
Inclosure 1 in No. 1.
Sir E. Monson to M. Delcassé.
M. le Ministre,
Paris, November 8, 1904.
I AM in receipt of an urgent communication from the Marquess of Lansdowne relative to the proposed Chinese Regulations for the registration of trade-marks, which, as your Excellency is aware, were, as originally arranged, to come into operation on the 23rd October last.
Lord Lansdowne has been informed by His Majesty's Minister at Peking that the Japanese Minister refused to agree to the postponement of the date of operation of these Regulations, which had been demanded by the other Powers. The Chinese Government have thereupon proposed, with the concurrence of the Japanese Representative, to extend the term of six months mentioned in Article 26 of the Regulations to twelve months. This would be practically equivalent to the postponement asked for by the other Representatives. The Chinese Government have further proposed to remit the fee of 5 taels imposed upon applications to register, and to abolish Article 8 n of the Regulations. The Chinese Government so far as regards cases coming under Articles 25 and 26, at the same time offer to amend any provisions found to be injurious to foreign proprietors.
I am directed by his Lordship to state to your Excellency that the above proposal is being examined by His Majesty's Government, and to inquire whether it is acceptable to the Government of the Republic.
[2236 -2]
I have, &c.
(Signed)
EDMUND MONSON.