12
Japanese Foreign Office Draft of Anglo-Japanese Convention.
Articles I, II, and III correspond to Articles I, II, and III of the Foreign Office United States of America-Japanese draft, excluding mention of inventions, designs, and copyrights.
(Does not appear.)
(Does not appear.)
(Does not appear.)
(Does not appear.)
(Does not appear.)
Article III.—Ratifications same as in China draft, i.e., Convention to come into operation ten days after exchange of ratifications and to remain in force until six months after notice of intention to terminate.
Japanese Foreign Office Draft of United States of America-Japanese Convention.
Articles I, II, and III—Same as Anglo-Japanese draft.
Article IV.—Deals solely with copyright and rights of translation.
(Does not appear.)
(Does not appear.)
(Does not appear.)
(Does not appear.)
Article V.—Same as Anglo-Japanese Article III.
United States' Department Draft of United States of America-Japanese Treaty.
Articles I, II, and III—Same in principle, but it is stipulated that Regulations enforced are to be similar to those of Japan.
(Does not appear.)
Article IV—Stipulates that registration in Japan of copyrights, trade-marks, patents, and designs, prior to this Treaty, shall have same effect in Corea as if duly made there.
Article V.—"Hong" or trade names to be considered trade-marks.
Article VI.—Japanese Government engage that this Treaty shall have same effect upon Corean as upon Japanese subjects.
Article VII—Applies provisions of Treaty to other Countries where Japan and United States exercise extra-territorial jurisdiction. (Same as Article IV of China draft.)
Article VIII.—Treaty to come into force from date of operation. No provision for termination. (Same as China draft.)
[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE,
CONFIDENTIAL.
[2711]
No. 1.
[January 25.]
SECTION 5.
(No. 577.)
Sir,
Sir J. Jordan to Sir Edward Grey.—(Received January 25, 1908.)
Peking, December 11, 1907.
WITH reference to previous correspondence on the subject of the alleged fraudulent use by Japanese of British trade-marks in China, I have the honour to forward to you herewith copy of a despatch which I have addressed to His Majesty's Ambassador at Tôkiô, in which I have furnished his Excellency with a list (and specimens) of British trade-marks appropriated and used by Japanese in this country.
I have, &c.
(Signed) J. N. JORDAN.
Inclosure 1 in No. 1.
Sir,
Sir J. Jordan to Sir C. MacDonald.
Peking, December 9, 1907.
WITH reference to your telegram of the 31st October, requesting to be furnished with a list of British trade-marks which have been appropriated and used by Japanese in China, I have the honour to inform your Excellency that I at once called upon His Majesty's Consuls-General at Shanghae, Tien-tsin, and Hankow, and His Majesty's Consul at Newchwang to obtain from the Chambers of Commerce or other sources the proofs which were desired.
The replies which have reached me (copies of which I have the honour to inclose) appear to indicate that the complaints of the foreign mercantile community and press, which have been accepted in good faith by this Legation, are more easily made than proved.
Owing to the international character of the various Chambers of Commerce, His Majesty's Consular Representatives have for the most part refrained from invoking their assistance. In the case of Shanghae, where the Chairman of the Chamber is a leading British merchant, the answer to inquiries is that they have so far received no complaints from any British firms of their trade-marks being imitated. It is suggested, however, that information might be obtained in the interior to substantiate the prevalent view that Japanese business methods are unscrupulous.
I have requested His Majesty's Consul-General to apply to the China Association at Shanghae, and to remind that body that the charge in question has been made by them to the Foreign Office.
The result of their investigations has not yet reached me.
From Hankow, Tien-tsin, and Newchwang evidence is forthcoming that in minor articles of trade a considerable amount of counterfeiting is practised by Japanese, and I would call your Excellency's special attention to the imitation of Messrs. Price and Co.'s candle wrappers, of the British-American Tobacco Company's cigarette packages, and of the labels on bottles purporting to be articles of British manufacture.
The specimens which have been collected are being sent to your Excellency in a packing-case, while the list which forms Inclosure 5 to this despatch will serve to show His Majesty's Secretary of State, to whom a copy is being sent, the extent of the evidence which has been forthcoming, as far as concerns the imitation of British goods.
I have, &c.
(Signed) J. N. JORDAN.
[2813 bb—5]