[This Document is the Property of His Britannic Majesty's Government.]
JAPAN,
CONFIDENTIAL.
[6160]
No. 1.
640
[February 15.j
SECTION 2.
C.O. 10415
READRE MAR OC
i
(No. 19.) Sir,
Sir C. MacDonald to Sir Edward Grey.--(Received February 15.) Rec?
Tókić, January 28, 1909, ....
ON receipt of your despatch No. 190 of the 25th July, 1908, I duly communicated to the Japanese Minister for Foreign Affairs with the covering letter, of which I have the honour to inclose a copy herewith, our counter-draft Convention for the mutual protection of British and Japanese trade-marks in China and Corea.
I now have the honour to inclose translation of the reply of the Japanese Government, together with copy of the inclosure therein which I have just received, and which I hasten to forward by to-day's mail, reserving all comment for the moment.
M. le Ministre,
I have, &c.
(Signed) CLAUDE M. MACDONALD.
Inclosure 1 in No. 1.
Sir C. MacDonald to General Viscount Terauchi.
Tokió, August 22, 1908. I HAVE the honour to inform your Excellency that I duly forwarded to His Majesty's Principal Secretary of State for Foreign Affairs, for the consideration of His Majesty's Government, the draft Convention relating to the mutual protection of trade-marks in China and Corea, which were inclosed in the note No. 97 of the 26th October, 1907, addressed to me by your predecessor Count Hayashi.
I have now received a despatch from Sir Edward Grey iuclosing a counter-draft Convention which represents the views of His Majesty's Government, and which I am instructed to present to your Excellency. I have therefore the honour to inclose herewith a copy of this counter-draft, and to express the hope that the Imperial Japanese Government will accept it.
At the same time, I am instructed to obtain from the Imperial Japanese Govern- ment, specific information as to the precise amount of protection afforded by Japanese law in respect of trade-names and hong-marks. I would therefore be glad if your Excellency could supply me with fall particulars as to this point.
I take, &c.
(Signed) CLAUDE M. MACDONALD.
Inclosure 2 in No. 1.
Count Komura to Sir C. MacDonald,
(Translation.) (Confidential.) Sir,
1909.
January 27, I HAVE the honour to acknowledge the receipt of your Excellency's note of the 22nd August last, forwarding a counter-draft Convention relating to the reciprocal protection of trade-marks in China and Corea, which I have carefully perused.
I find on examination that the gist of the British draft lies in the mutual protection, by means of a single Convention, of the trade-marks of Japanese and British subjects in the two countries, China and Corea, and, in the event of the infringement of their rights, the trial of such cases in the competent Court of the country to which the offender in each instance belongs. As, however, Corea is very differently circumstanced from China in the matter of its foreign relations, it is naturally impossible in the case also of the present Treaty to regulate for both by means of identical provisions, and there is the fact that, in the Treaty already con- cluded in August of last year between the Imperial Government and the American
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