This Document is the Property of His Britannic Majesty's Government.]
702
C.O.
CHINA TRADE.
CONFIDENTIAL.
(16056)
(No. 90.) Sir,
No. 1.
21666
[Maly TRES SECTION 215 JUN 08,
Sir H. Howard to Sir Edward Grey.-(Received May 11.)
The Hague, May 9, 1908.
I HAVE the honour to transmit herewith copy of a note, which, in obedience to the instructions conveyed in your despatch No. 32 of the 29th ultimo, I have this day addressed to the Netherland Minister for Foreign Affairs acquainting him with the altered terms of the Order in Council 1907 relative to the protection of trade-marks in China, and suggesting that the relevant Anglo-Dutch Arrangement of 1904 be made to conform to the said alterations.
I have, &c. (Signed) HENRY HOWARD.
Inclosure in No. 1.
Sir H. Howard to M. van Swinderen.
Monsieur le Ministre,
The Hague, May 9, 1908.
YOUR Excellency will doubtless be aware that in September 1904 a reciprocal arrangement was entered into between the Netherland Government and His Majesty's Government providing for the punishment in the Netherland Consular Court in China of Netherland subjects should they infringe British trade-marks. (See Baron Melvil de Lynden's note of the 6th October, 1904.) This arrangement, it will be remembered, was based on the "China" Order of Her Britannic Majesty in Council of the 2nd February, 1899, under which it was open to a foreigner, whose trade-mark had been infringed by a British subject in China to take proceedings against the latter in the British Consular Court, provided--
1. That the consent, in writing, of Her Majesty's Minister or Chargé d'Affaires at Peking be obtained to the prosecution; but
2. Such consent could be withheld unless Her Majesty's Representative was satisfied that effectual provision existed for the punishment in Consular or other Courts in China of similar acts committed by the subjects of the State or Power of which such prosecutor was a subject.
I am now directed by His Majesty's Principal Secretary of State for Foreign Affairs to inform your Excellency that, by Articles 3 and 4 of an Order in Council, dated the 11th February, 1907, the text of which Articles I have the honour to inclose, the aforesaid consent of His Majesty's Representative in China to a prosecution is no longer requisite. The only condition precedent to proceedings being taken is either (a) that an arrangement should be in force between His Majesty's Government and the Government of the State or Power to which the prosecutor or plaintiff belongs, or (b) that the Court should be satisfied that effectual provision exists for the protection in Consular and other Courts in China (or Corea) of the rights and interests of British subjects in copyrights, trade-marks, patents, or designs infringed by the nationals of such State or Power.
In bringing the altered terms of the Order in Council to your Excellency's knowledge, I have the honour to request you to inform me whether the Netherland Government will be ready to take the necessary steps with a view to the arrangement at present in force between our two Governments being brought into conformity with the said alterations.
I avail, &c.
(Signed) HENRY HOWARD.
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