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Article I.
Same in principle as Foreign Office draft, except very important proviso noted below.
Foreign Office draft adds proviso withholding protection from patents, &c., in use before registration, and from trade marks in use for three years.
See also provisions of Article III of Foreign Office draft (China) relating to copyright protection.
Article II. Under consideration Foreign Office.
Article III.
Same in principle as Foreign Office draft,
Article IV Agreed upon in principle by Foreign Office.
Article V.
Foreign Office draft has "ten days from date," and adds provision for termination by either party on six months' notice.
His Majesty the Emperor of Japan, the Count Hayashi, &c., His Imperial Majesty's Minister for Foreign Affairs;
who, having reciprocally communicated their full powers, found in good and due form, have agreed upon the following:-
ARTICLE I.
Copyrights, trade-marks, patents, and designs registered by citizens or subjects of one Contracting Party in an appropriate office of the other Contracting Party, shall enjoy in China the same protection against infringement by citizens or subjects of the latter party as in the country of registration.
ARTICLE II.
The "hong or trade names of the citizens or subjects of the High Contracting Parties shall be considered to be trade-marks for the purposes of this Convention.
ARTICLE III.
In cases of infringement in China by the citizens or subjects of one Contracting Party of any copyright, trade-mark, patent, or design entitled to protection in virtue of this Treaty, the aggrieved parties shall have, in the competent extraterritorial Courts in China and in the competent Courts of such Contracting Party, the same rights and remedies as citizens or subjects of such Contracting Party.
ARTICLE IV.
It is, furthermore, mutually agreed between the High Contracting Parties that the provisions of the present Treaty shall be enforced correspondingly, and, so far as applicable in other countries, where the United States and Japan may exercise extra-territorial jurisdiction.
All rights growing out of the present Convention will be respected in the insular or other possessions or leased territories of the High Contracting Parties, and all legal remedies arising from the infringement of such rights will be duly enforced by the competent Courts.
ARTICLE V.
The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible. The Treaty shall be in force from the date of the exchange of ratifications.
In faith whereof we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals.
Done in duplicate at Tokio, &c.
Inclosure 3 in No. 1.
Japanese Draft of Convention respecting Trade-marks, &c., in Corea.
THE Government of Japan and the Government of the United States of America, for the purpose of concluding a Convention for the due protection of international inventions, designs, trade-marks, and copyrights in Corea, have named as their Plenipotentiaries, that is to say --
His Majesty the Emperor of Japan,
The President of the United States of America,
; and
who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following Articles:-
ARTICLE I
The United States of America accept as binding upon their citizens in Corea Regulations respecting inventions, designs, trade-marks, and copyrights to be adopted and put into force in Corea, and they engage that Courts of Japan in Corea shall have full and exclusive jurisdiction, both civil and criminal, over the citizens of the United States of America in the matters relating to the infringement or misuse of any invention, design, trade-mark, or literary work entitled to protection in virtue of such Regulations.
ARTICLE II.
Citizens of the United States of America shall enjoy in all parts of Corea the same protection as Japanese and Corean subjects in regard to inventions, designs, trade-marks, and copyrights, upon fulfilment of the formalities prescribed by the Regulations referred to in the preceding Article.
ARTICLE III.
Corean subjects shall enjoy in the United States of America the same protection as native citizens in regard to inventions, designs, trade-marks, and copyrights, upon fulfilment of the formalities prescribed by the laws of the United States of America.
ARTICLE IV.
It is, however, understood that the reciprocal protection assured by the two preceding Articles in the matters of copyright does not carry with it or include the right to reserve the right of translation.
The provisions of this Convention concerning the mutual protection of copyrights shall apply only to the works published for the first time after this Convention takes effect.
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* Better omitted?
Articles I, II, and III, Identical in principle with Department draft.
† Better inserted?
Article IV.
Objected to by United States. Foreign Office desire to add proviso relating to non-protection of patents, &c., similar to that in China draft, Article 1.
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