[This Document is the Property of His Britannic Majesty's Government
CHINA TRADE.
CONFIDENTIAL.
No 1.
[December 5.]
SECTION 3.
(No. 361.) My Lord,
Sir E. Satow to the Marquess of Lansdowne.---(Received December 5.)
Peking, October 17, 1901.
WITH reference to my telegram No. 223 of the 13th October, and to previous correspondence on the subject of the registration of trade-marks in China, I have the honour to transmit to your Lordship herewith a copy of a letter which I have received from the Shanghae General Chamber of Commerce, setting forth in detail their views on the provisional Regulations which, as at present arranged, are to come into force on the 23rd October.
Copies of the Regulations have already been forwarded to your Lordship in my despatch No. 286 of the 8th August, but I have the honour to transmit herewith a list of the various classes into which goods are to be divided for purposes of trade-mark registration in accordance with the terms of detailed Rule No. 23.
I have, &c.
(Signed) ERNEST SATOW.
Inclosure 1 in No. 1.
Shanghae Chamber of Commerce to Sir E. Satow.
Shanghae, September 30, 1904.
I HAVE now the honour to lay before you in detail the views of this Chamber regarding the provisional Regulations for the registration of trade-marks, which Regulations were submitted to the consideration of a special general meeting of members on the 22nd instant. A copy of the Minutes of that meeting is inclosed herewith for reference,
The convening of that meeting had its origin in the receipt by this Chamber of a communication from Mr. J. W. Jamieson, His Britannic Majesty's Commercial Attaché, stating that he had received a telegram from your Excellency to the effect that, regarding the postponement of the coming into force of the Regulations for six months, as requested by this Chamber and other commercial bodies, you would find yourself in a better position to formulate a request to the Chinese Government were you placed in possession of the views held by the Chamber of Commerce and other commercial bodies on the various points requiring, in their opinion, further consideration, and should you consider them of sufficient importance to warrant a reopening of the question.
I beg to say, by way of preface, that there is no feeling of antagonism among the mercantile community here on the subject of trade-marks legislation generally; on the contrary, the desire is as strong as ever, to have the provisions of Clause VII of the British Treaty of 1902 given effect to by an effective system of registration at a reasonable fee. I would also add that, in reading the Regulations and criticizing them, this Chamber has adhered solely to the translation made by Mr. J. W. Jamieson, copy of which I have the honour to inclose.
I think it of importance that this should be mentioned, as there are other translations emanating from official sources which differ in some respects from that which has been laid before this Chamber, and it is possible that some of the clauses which now appear ambiguous may be capable of explanation in this way.
The grounds on which the request for postponement is based are that further consideration is deemed advisable on the following points, and that, as many firms and individuals here are acting as agents for others in Europe, there is not sufficient time before the 23rd October for those so situated to consult their principals and to receive their instructions.
The Registrar. It is not stated in the Regulations whether this official is to be a Chinese or a foreigner, nor is any provision made for appeal against the Registrar's ruling to a higher authority—a reconsideration of ruling by the Registrar himself only being referred to in the scale of fees.