[This Document is the Property of His Britannic Majesty's Government.]
25755
JUL 08
CHINA TRADE.
CONFIDENTIAL.
[May 2.]
SECTION 1.
[15101]
No. 1.
Sir C. MacDonald to Sir Edward Grey.-(Received May 2.) (No. 35.) (Telegraphic.)
PROPOSED Convention for reciprocal protection of trade-marks in China.
Tokió, May 2, 1908.
On receipt of your telegram No. 25 of the 4th April, I forwarded copy of counter-draft in its present form to His Majesty's Minister in Peking; Sir J. Jordan has now telegraphed to me as follows:-
"Commercial Attaché and I, after duly consulting together, consider that an addition should be made to paragraph 1 of Article 1 in the following sense :----
"But registration of registered trade-marks belonging to subjects of one High Contracting Party which are already in use in China or Corea, or of imitations thereof calculated to deceive the subjects of the other High Contracting Party, shall not entitle such persons to the use in China or Corea of these trade-marks or imitations. Any such use shall be deemed to be an infringement or misuse within the meaning of the present Convention.
"That in paragraph 2 of Article 1, and in Article 2 (in the latter case omitting the word 'or' between firm name and hong mark) the words 'or place name' should be inserted after the word 'hong mark.'"
As regards the addition suggested by Sir J. Jordan, I consider that it will become much less necessary if the "Crocodile" Case can be won on lines referred to in my despatch No. 92 of the 15th April, which is due in London about the 10th May.
Furthermore, in view of the great concessions which the Americans have already made, I consider it very unlikely that the Japanese Government would ever consent to the proposed addition.
[2967 b-1]