(I
CHINA TRADE.
CONFIDENTIAL.
No. 1.
[July 21.]
557
SECTION 1.
C.U.
Wenue or
price, as
employés
mit to the renne and
ived from 28, repairs, e of which
remaining
> reported.
C
The Marquess of Lansdowne to His Majesty's Representatives at Washington (No. 155), Tokió (No. 142), Vienna (No. 76), St. Petersburgh (No. 276 A), The Hague (No. 54), Brussels (No. 67), Lisbon (No. 42), Madrid (Ňo. 103), Copenhagen (No. 35), and Stockholm (No. 10).
Sir,
Foreign Office, July 21, 1904. UNDER an Order in Council of the 2nd February, 1899, it is open to a foreigner whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided-
1. That the consent in writing of His Majesty's Minister or Chargé d'Affaires be obtained to the prosecution; but
2. Such consent may be withheld unless His Majesty's Minister or Chargé d'Affaires is satisfied that effectual prevision exists for the punishment in Consular or other Courts in China of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject.
By correspondence with the French, German, and Italian Representatives in this country, it has been ascertained that provision exists for the punishment in the Consular Courts of France, Germany, and Italy in China of subjects of those countries should they infringe British trade-marks, and the necessary information has been given to His Majesty's Representative in Peking and to the Representatives there of the three countries mentioned to enable them to carry out the arrangements desired by their Governments for the mutual protection of their trade-marks.
I request that you will inquire whether the Government to which you are accredited would he disposed to conclude a similar arrangement with His Majesty's Government.
Copies of the Order in Council of the 2nd February, 1899, and of the corre spondence which took place last year with the Italian Representative at this Court on the subject are inclosed for your information and guidance.
I am, &c.
(Signed)
LANSDOWNE.
Inclosure 1. in No. 1.
Signor Carignani to the Marquess of Lansdowne,
(Translation.) My Lord,
Italian Embassy, London, July 30, 1903. THE Government of His Majesty the King, my august Sovereign, being desirous of coming to an arrangement with the other Governments with a view to secure reciprocal protection of trade-marks in China, have now instructed me to bring the following to the knowledge of your Lordship:-
1. In virtue of the civil and penal jurisdiction which is intrusted to the Consuls and Consular Tribunals of His Majesty the King of Italy, and which they exercise in China, they are competent to take cognizance of all claims which may be presented to them respecting the counterfeiting of trade-marks by Italian subjects.
2. So any claim which English manufacturers may have to present to them in order to obtain protection for trade-marks, duly registered in the Kingdom of Italy, as against Italian subjects, shall henceforward be adjudicated, in the first instance, by the Consular Tribunal, and, in the last instance, by the Court of Appeal at Ancona.
3. The right of property in trade-marks is regulated in Italy by the Law of the 30th August, 1868.
I have the honour to request your Lordship to be good enough to take note of this Declaration, and to inform me whether Italian subjects will be able to invoke the same legal protection in China, on the part of the English Consular authorities, in all that concerns their property in trade-marks duly registered in Great Britain.
I have, &c. (Signed) CARIGNANI.
[2056 -1
-1]