[This Document is the Property of His Britannic Majesty's Government.]
C.O.
39167
82
CHINA TRADE.
CONFIDENTIAL.
[35075]
No. 1.
[October 10.]
19 27 OCT 08 SECTION 3.
(No. 236.) Sir,
Sir C. MacDonald to Sir Edward Grey.-(Received October 10.)
Tokió, September 12, 1908.
I HAVE the honour to forward herewith copy of a despatch which I have addressed to Sir John Jordan in reply to the comments made by the Shanghae branch of the China Association to my despatch No. 140 of the 10th June in their letter to Sir Pelham Warren of the 14th August.
I understand that Sir John Jordan has forwarded to you a copy of Mr. Anderson's letter.
(Confidential.) Sir,
I have, &c.
(Signed)
Inclosure in No. 1.
CLAUDE M. MACDONALD,
Sir C. MacDonald to Sir J. Jordan.
Tokió, September 12, 1908. I HAVE the honour to acknowledge receipt of your despatch of the 24th ultimo inclosing copy of a letter addressed to His Majesty's Consul-General at Shanghae by the local branch of the China Association.
In my despatch, Confidential, of the 4th instant I had the honour to send you a copy of the counter-draft of the Convention for the mutual protection of trade-marks in China and Corea, which, acting under the instructions of His Majesty's Government, I have presented to the Japanese Government.
This counter-draft was drawn up at the Board of Trade, and I have no doubt that the views of the China Association, which were presumably based on those of the various local Committees, were carefully considered.
The counter-draft has, I understand, been confidentially shown to the Committee of the China Association, and its contents will probably have been communicated by them to their Shanghae branch.
It will be observed that the second paragraph of Article 3 has been drawn up in a very comprehensive manner, so as to give the utmost protection possible to legitimate traders.
Although you are no doubt aware of the fact, it is perhaps as well to remark, for the benefit of the Shanghae branch of the China Association, that Japan acceded to the Industrial Property Convention of the 20th March, 1883, from the 15th July, 1899, and that the Article 6 referred to binds Japan, but it only means "that no trade-mark shall be excluded from protection in any State of the Union from the fact alone that it does not satisfy, in regard to the signs composing it, the conditions of the legislation of that State, provided that on this point it complies with the legislation of the country of origin, and that it had been properly registered in the said country of origin."
It does not mean that a trade-mark registered in the United Kingdom shall be entitled to protection in every country of the Union without necessity of registration.
In Mr. Anderson's letter reference is made to the "Crocodile case" in connection with decisions of the Japanese Courts. It should be remembered, however, that this case was never actually brought before the Courts, nor is it yet finally settled, as there is a possibility that Konishi's mark may be cancelled by the Patent Bureau in accordance with section 3 of Article 2 of the Japanese Trade-Mark Law, on the ground that it is calculated to deceive.
I have, &c.
(Signed)
CLAUDE M. MACDONALD.