*
Aut 20
102
- Thomment is the Property of His Britannic Majesty's Government,
CHINA TRADE.
CONFIDENTIAL.
[17265]
No. 1.
[May 31.]
SECTION 2.
Sir Edward Grey to Mr. H. Lowther.
(No. 121.) Sir,
Foreign Office, May 31, 1907. IN his despatch No. 183 of the 14th July, 1905, Sir C. MacDonald transmitted a copy of a note from the Japanese Government expressing agreement with His Majesty's Government in considering the reciprocal protection of British and Japanese trade-marks in China to be necessary; but he reported at the same time that some objection was felt by the Japanese Government to the provision contained in the Order in Council of 1899 for the consent of the British Minister being required in the case of each separate prosecution in a British Court, and that they would prefer that the instrument of agreement should take the form of a Convention.
More recently the attention of His Majesty's Government has again been drawn to the importance of securing protection for British trade-mark owners against unfair Japanese competition, and the opportunity has therefore been taken of a recent revision of the Order in Council to climinate the provision which was objected to. Copies of the amended forms of the Order in Council are now inclosed.*
I shall be glad if you will inform the Japanese Government of the foregoing fact, and if you will approach them with a view to the conclusion of an Agreement for the mutual protection of British and Japanese trade-marks in China. There is no objection to the Agreement taking the form of a Convention, drawn up on the lines of the notes exchanged on the subject with the Governments of France, Germany, and other countries, but with the omission of the provision above referred to to which the Japanese Government took exception.
You should inquire of the Japanese Government whether they will submit the draft of such a Convention for consideration.
I ain, &c. (Signed)
E. GREY.
* China and Corea (Amendment) Order in Council, 1907; Corea Order in Council.
[2475 hh-2]