Inclosure in No. 1.
Draft Convention.
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In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention and affixed thereto their seals.
Done in duplicate at corresponding to the
this
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the 41st year of Meiji,
1
the 1908th year of the Christian era.
(Confidential.)
HIS Majesty the Emperor of Japan and the President of the United States of America, being desirous to secure in China reciprocal protection for the trade-marks of their respective subjects and citizens, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say:
His Majesty the Emperor of Japan,
for Foreign Affairs; and
The President of the United States,
Ambassador Extraordinary and Plenipotentiary to Japan,
His Majesty's Minister
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the United States'
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 1.
Trade-marks duly registered by subjects or citizens of one High Contracting Party in the appropriate office of the other Contracting Party shall enjoy, in all parts of China, the same protection against infringement by subjects or citizens of such other Contracting Party as in the country of registration: [Provided that such protection shall not extend to any invention or design publicly known or used in China at the time of the operation of this Convention or prior to such patent or registration.]
ARTICLE 2.
In case of infringement in China by a subject or citizen of one High Contracting Party of any trade-mark entitled to protection as provided in the preceding Article, the aggrieved party shall have, in the competent Courts of such Contracting Party, the same rights and remedies as subjects or citizens of such Contracting Party.
ARTICLE 3.
Subjects of Corea and citizens of possessions belonging to the United States are entitled in China to the same treatment under the present Convention as subjects of Japan and citizens of the United States respectively.
ARTICLE 4.
It is mutually agreed between the High Contracting Parties that the present Convention shall be enforced so far as applicable in other countries where the two parties may exercise extra-territorial jurisdiction.
All rights growing out of the present Convention will be respected in the insular and other possessions and 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 5.
Any person who possesses, at the time when the present Convention comes into force, merchandise bearing [an imitation of] a trade-mark owned by another person and entitled to protection under the present Convention, shall remove the same said mark within one year six months from the date of its enforcement.
ARTICLE 6.
The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible.
It shall come into force, together with the Convention relative to the protection of trade-marks in Corea, ten days after such exchange of ratifications.
ARTICLE
Foreign Office Draft.
Each High Contracting Party engages to extend to the subjects or citizens of the other Contracting Party the same treatment in China in the matter of registration and protection of their trade marks and commercial names as is accorded to its own subjects or citizens.
Embassy Draft.
Each High Contracting Party engages to extend to the subjects or citizens of the other Contracting Party the same treatment in China in the matter of registration and protection of their commercial names as is accorded by the Convention for the Protection of Industrial Property, signed in Paris on the 20th March, 1883.
Trade marks shall be considered to be commercial names for the purposes of this Convention.
His Majesty the Emperor of Japan and the President of the United States of America, for the purpose of concluding a Convention relative to the protection of trade-marks in Corea, have named as their Plenipotentiaries, that is to say:
His Majesty's Minister
His Majesty the Emperor of Japan,
of State for Foreign Affairs; and
The President of the United States, Ambassador Extraordinary and Plenipotentiary to Japan;
the United States'
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 1.
The Imperial Japanese Government shall enforce, or cause to be enforced, [simultaneously with the operation of this Convention] in Corea laws and regulations relative to trade-marks similar to those now existing or which may hereafter be enacted in Japan. These laws and regulations are to be binding upon American citizens in Corea equally as upon Japanese and Corean subjects.
ARTICLE 2.
The United States' Government engages that in cases of the infringement by American citizens of trade-marks entitled to protection in Corea, such citizens shall in this respect be under the exclusive jurisdiction of the Japanese Courts in Corea, the extra-territorial jurisdiction of the United States being waived in this particular.
ARTICLE 3.
Citizens of possessions belonging to the United States shall have, in respect to the application of the present Convention, the same treatment as citizens of the United States.
ARTICLE 4.
Corean subjects shall enjoy in the United States the same protection as native citizens in regard to trade-marks, upon fulfilment of the formalities prescribed by the laws and regulations of the United States.
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