This Document is the Property of His Britannic Majesty's Government.
4C824
Inclosure 2 in No. 1.
Sir J. Jordan to Wai-wu Pu.
Your Highness,
Peking, October 23, 1908.
IN a note of the 4th ultimo your Highness informed me, on the authority of the Revenue Council, that special Regulations for the issue of exemption certificates for duty-paid goods carried by the Shanghae-Nanking Railway had been submitted by the Inspector-General of Customs, that the Viceroy at Nanking had been asked by telegraph for his opinion upon them, and that as soon as a decision was arrived at they would be put into force at once.
I now learn from His Majesty's Consul-General at Shanghae that in consequence of the obstruction of li-kin bureau officials no decision has yet been come to, and that the Regulations are still in the hands of the Shanghae Taotai.
This matter has been the subject of discussion and correspondence with the Yu-ch'uan Pu and Wai-wu Pu for over a year; and in a note of the 6th May last your Highness informed me that the Revenue Council fully agreed to the issue of exemption certificates by the Customs in accordance with the usual Rules, and had instructed the Acting Inspector-General of Customs to draw up Regulations for the prevention of smuggling.
I am sure your Highness will understand my surprise that the views expressed by the Imperial Chinese Government nearly six months ago have not yet been given effect to because of the obstruction of some local li-kin officials.
The delay that has taken place not only in this matter, but also in regard to the li-kin arrangements on the Shanghae-Nanking Railway, which constitute a grave breach of Article 14 of the Loan Agreement, cannot under any circumstances be considered reasonable.
I am compelled to remind your Highness that the continued refusal of the Customs authorities to issue exemption certificates is a violation of Treaty rights, and that the Imperial Chinese Government will be held responsible for all claims which may arise in consequence.
I have again the honour to request that explicit instructions may be sent by telegraph to the Customs authorities at Shanghae to issue the exemption certificates forthwith, and I avail, &c.
(Signed)
J. N. JORDAN,
CHINA TRADE.
CONFIDENTIAL.
[41215]
Sir,
No. 1.
[November 24 DEC 08
SECTION 1.
Messrs. C. and E. Morton to Foreign Office.—(Received November 25.)
107, 108, and 109, Leadenhall Street, London, November 24, 1908.
WE beg to acknowledge receipt of your letter of the 20th instant, and thank you for the full reply and information you have given us relating to the registration of trade-marks in Japan.
We are pleased to note that His Majesty's Government are doing everything possible to accelerate the conclusion of Conventions, both with China and Japan, for the protection of trade-marks in the former country, and we should be pleased if you would kindly give us advice when the matter is finally settled.
Are we to understand that where traders have neglected to take the precaution of registering old-established trade-marks that any one may register such trade-mark, and if the registration remains unchallenged for three years, the false registration will be held good, and will be protected by the Japanese Government?
From our point of view this would appear to indicate that the Japanese Government is prepared to protect wilful imitations of English trade-marks, and we think that such a course of action should call forth a protest.
We thank you for the information with reference to adding the words "Registered Trade-mark" to our labels, and this has our attention.
Also for the information as to the best procedure to obtain redress of any infringements of our trade-marks by proceeding to the Patent Bureau Court before taking the matter into either Criminal or Civil Courts.
We also thank you for pointing out to us the practice of the Patent Bureau in receiving particulars for their records of all trade-marks which were in existence prior to the 1st July, 1899, and are still in use.
We hope to take advantage of this information, and send copies of various labels to the Patent Bureau, asking them to add them to their records.
We have already appointed a Patent Agent in Tokio, who is watching our interests, and our representative will shortly be in Japan, and to him we shall give a copy of your letter, in order that he may take the necessary steps to still further protect our interests there.
We are, &c.
(Signed)
(Per pro C. and E. Morton),
THEO. W. WATKINS.
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