This Document is the Property of His Britannic Majesty's Government,
CHINA TRADE.
(
CONFIDENTIAL.
[16109]
No. 1.
626
[May 11.]
1 JUN 08
SECTION 1.
Sir C. MacDonald to Sir Edward Grey.-(Received May 11.)
(No. 95. Confidential.) Sir,
Tokió, April 15, 1908. WITH reference to my despatch No. 278 of the 21st December, 1907, and my telegram No. 30 of yesterday's date, I have the honour to transmit herewith a copy of the draft Convention relating to the mutual protection of Japanese, American, and Corean trade-marks, in its latest form, which has been communicated to me confidentially by my American colleague.
I understand that the Americans are very anxious to sign the Convention as soon as possible in order that it may reach Washington before Congress adjourns, and that the Ambassador is now only awaiting final instructions from his Government before proceeding to sign the Convention. These instructions relate to the omission throughout the Convention of the words "copyright,” “patent," and "design."
The American Ambassador expects that with the omission of these words and the following alterations, the draft which is inclosed herewith will be accepted.
The alterations are as follows:--
(a.) Addition to Article IV.-" And, correspondingly, registration in the United States of such rights of Japanese or Corean subjects shall have the same effect in Corea as if originally made in respect to that country and American citizens in Corea." (b.) Article V." Hong' or trade names may be altered to hong marks.'" (c.) Article X.-The Treaty shall come into force six months after the date of the exchange of ratifications.
(a.) The addition to Article IV seems a very natural one, as without it marks registered in Japan would be on a different footing to marks registered in the United States. This addition was provisionally inserted in the United States' Department draft which formed Inclosure 4 to my despatch No. 278.
(b.) The alteration in Article V will probably be made at the request of the Japanese authorities, who consider that the present wording is not clear.
(c.) The Japanese authorities are anxious that the Convention should not come into force until one year after exchange of ratifications, in consideration of their with-drawing their proviso to Article I of their draft with regard to the three-year limit. The Americans will not grant this, but are prepared to meet them half-way and make it six months.
It will be noticed that with the exception of the amalgamation of the two separate Conventions relating to China and Corea respectively into one joint Convention and the probable omission of patents, designs, and copyright, the position remains much the same as it did in December last, that is to say, the Americans have waived extraterritorial jurisdiction in Corea with regard to trade-mark cases; they are prepared to treat "hong marks" as trade-marks, which means that they must be registered before they are entitled to protection; while in the one solitary instance where they have obtained a concession from the Japanese they have diminished the value of the concession by proposing to allow the Japanese pirates a period of six months in which to clear off their stocks.
At the same time, although gaining little by the Convention in return for what they have not concede, they hope to derive some further benefits by means of a Protocol. I have not yet seen the draft of the Protocol, but I understand that it will contain some provisions with regard to the authorization of Japanese extraterritorial Courts to deal with matters arising out of the Convention, as well as an assurance to the effect that Japan will do all in her power by administrative measures to prevent and correct fraudulent registrations of trade-marks.
The Protocol will also probably contain a clause stipulating for most-favoured-nation treatment.
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