}
This Document is the Property of His Britannic Majesty's Government.]
469
CHINA TRADE.
CONFIDENTIAL.
[35801]
No. 1.
43659
RECS
REGG 14 DEC 07 tober 257
SECTION 3.
Sir C. MacDonald to Sir Edward Grey.-(Received October 28.)
(No. 47.) (Telegraphic.) P.
Tokió, October 28, 1907. RECIPROCAL protection of trade-marks in China. Please see my telegram No. 43 of the 3rd instant.
Draft Convention has just been received from the Japanese Government. Following is Article I:-
Trade-marks duly registered by the subjects of one High Contracting Party in the appropriate office of the other shall enjoy in all parts of China the same protection. against infringement or misuse by the subjects of such other Contracting Party as in the country of registration.
"It is, however, understood that those who have actually been using trade-marks in China for at least three years prior to the operation of this Convention shall not be prohibited from continuing the use of the trade-marks in consequence of the exercise of the conclusive right thereto obtained by others."
In Article II provision is made for fair treatment in the Courts of the Contracting Parties.
Article III stipulates for ratification at Tokió, ten days after which the Convention is to come into force.
A second draft Convention was received at the same time on the subject of Corea. In this draft Convention it is stipulated that His Majesty's Government abandon their extra-territorial jurisdiction, both criminal and civil, in questions of trade-marks. Great stress is laid in the covering note from the Japanese Government on the importance of the Chinese Government losing no time in putting into force their Trade-mark Regulations.
Both texts, with Memorandum by the Commercial Attaché, will be forwarded by bag on the 31st instant.
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