[This Document is the Property of His Britannic Majesty's Government.] 465
CHINA TRADE.
CONFIDENTIAL.
(1043)
No. 1.
[January 11.]
SECTION 3.
Sir J. Jordan to Sir Edward Grey.-(Received January 11, 1908.)
Peking, November 26, 1907.
(No. 551.) Sir,
IN view of the negotiations now proceeding at Tokio for the conclusion with Japan of a Convention for the mutual protection of trade-marks in China, I deferred as long as possible making any reply to Prince Ching's note of the 26th September, inclosed in my despatch No. 405 of the 2nd October, respecting the proposed Chinese Regulations for the registration of trade-marks.
The substance of the draft Convention with Japan was communicated to me by His Majesty's Ambassador by telegraph on the 28th October, and I had the honour to point out in my telegram No. 183 of the 30th October, that the first Article of this draft, which authorized the continued use of trade-marks which have been in use for three years prior to the Convention, was open to grave objection, since many British trade-marks have been appropriated and used by Japanese in China for years past, and it is precisely in order to prevent such continued use that an arrangement with the Japanese Government is required.
I repeated this telegram to His Majesty's Ambassador at Tôkiô, and was requested in reply to furnish a list of British trade-marks which have been made use of in China by Japanese. In order to place in the hands of His Majesty's Embassy at Tôkiô actual proofs of the charge so freely made by all other nationalities against Japanese traders, I instructed His Majesty's Consuls-General at Shanghae, Tien-tsin, and Hankow, and His Majesty's Consul at Newchwang, to obtain, if possible, from the Chambers of Commerce or other sources, lists of British trade-marks which have been either appropriated or imitated by Japanese for use in China. I asked, further, that the lists should be accompanied, when possible, by specimens of the original trade-mark and its counterfeit. Replies have been received from Tien-tsin and Hankow, which will form the subject of a separate report when I receive information from Shanghae and Newchwang.
Your telegram No. 114 of the 1st November had authorized me to proceed no further with negotiations in respect of the Chinese Regulations until a decision was reached on the draft Convention with Japan. But the revival of reports in the native press to the effect that the Regulations, as drafted by the Board of Commerce, were to be put into effect at an early date, led me to address a note to Prince Ching on the 20th November, copy of which I have the honour to inclose, in which I informed His Highness, in answer to his note of the 26th September, that His Majesty's Government adhered to the draft Regulations prepared by a Committee of Foreign Representatives in 1905 as the basis of negotiation in this question.
A copy of this despatch is being forwarded to His Majesty's Ambassador at Tôkiô.
I have, &c. (Signed) J. N. JORDAN.
Your Highness,
Inclosure in No. 1.
Sir J. Jordan to Prince Ching.
Peking, November 20, 1907. WITH reference to your Highness' note of the 26th September, requesting to be informed as to the decision of His Majesty's Government on the question of the Trade-marks Regulations which the Board of Commerce desired to bring to a satisfactory issue at an early date, I have the honour to state that, in this matter which so gravely affects the interests of British trade in China, the opinion of His Majesty's Government still is that the draft Regulations prepared by the Board of Commerce would involve
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