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tracting Parties have duly registered each in his own country only an identical trade- mark, but only one of them has actually and lawfully used such trade-mark in China, that one shall be entitled to the exclusive use of such mark in China, and shall enjoy protection against infringement or misuse by the other party, provided always that the said other party can be proved to have acted with fraudulent intent."
Furthermore, the Convention refers only to trade-marks. As "Hong" names are also liable to piracy by Japanese subjects--witness the Carlowitz case, mentioned in despatch No. 167 to Foreign Office of the 1st August last-a clause should be included protecting them, whether registered or not.
It is also not clear whether "subjects of one Contracting Party" would include all colonial subjects, whether the Colonies to which they belong have adhered to the Anglo- Japanese Treaty or not.
E. F. CROWE.
October 28, 1907.
(Signed)
[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[1052]
No. 1.
462
5508
[January 11.]
SECTION 1
14 FEB 08:
Sir J. Jordan to Sir Edward Grey.--(Received January 11, 1908.)
(No. 560.) Sir,
Peking, November 28, 1907, IN my despatches Nos. 285 of the 12th June last and 341 of the 16th July I transmitted to you copies of notes from the Wai-wu Pu respecting the grant of exemption certificates by the Customs authorities at Newchwang to foreign goods which had already paid import duty and were destined for the newly opened trade marts in Manchuria.
This arrangement, however, only applied to goods re-exported to the Manchurian trade marts from Newchwang, and it was recently brought to my notice that the Commissioner of Customs at Tien-tsin was without instructions authorizing him to grant exemption certificates to goods re-exported from Tien-tsin to the trade marts in question and consequently declined to do so.
As a result of representations which I made on the subject, the Wai-wu Pu have now addressed to me a note, translation of which is inclosed, forwarding an experimental set of Regulations drawn up by Sir Robert Hart, according to which exemption certificates may in future be issued at Tien-tsin, Dalny, and Antung, as well as at Newchwang.
I have, &c. (Signed)
J. N. JORDAN.
D
(Translation.) Sir,
Inclosure 1 in No. 1.
Wai-wu Pu to Sir J. Jordan.
November 19, 1907. ACCORDING to a communication dated the 9th instant from the Revenue Council with reference to the re-export by rail to the newly opened Manchurian trade marts of foreign goods which had already paid import duty at Newchwang to the Customs, the Revenue Council have approved of the adoption of a form of procedure which had formed the subject of correspondence between the Council and the Viceroy of Chilli. This was for the Customs authorities to issue a certificate, by which a double payment of duty would be avoided, and for a time limit of two months to be fixed within which the original certificates were to be returned stamped from the wart of destination to the issuing office to be cancelled. This form of procedure had been duly notified to the places concerned.
In addition to this, however, the custom-houses at Tien-tsin, Antung, and Tairen are in a position analogous to that of Newchwang, and goods which are actually re-exported from those ports to the trade marts, although they may not be rail-borne, are on the same footing as rail-borne goods, and ought, consequently, not to be subjected to differential treatment.
Further, the collection a second time of duty on native goods which have already paid the coast-trade duty and are subsequently re-exported to the trade marts ought also to be avoided, and such goods ought in common fairness to be put on an even footing with foreign goods. The Revenue Council therefore directed the Inspector- General of Customs to devise some satisfactory method of procedure.
Sir R. Hart has now submitted a set of experimental Rules which are based on a comparative study of various proposals that have been put forward from time to time. The Council have forwarded copy of these Rules for the Board's information with the request that the foreign Representatives may be notified of their issue in order that they may direct their respective nationals among the mercantile community to observe them,
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