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-AMBIIIIW.A.S (DB)
.Lædersel
Jonclosure 3.
C O
5155
RECR
173
RecP19 EB 10)
China Association,
Hongkong,
7th January, 1910.
sir,
I beg to acknowledge receipt of your favour of 15th
μlto, No.2890/08 Conf.
1.
2.
3.
The minute of the Crown Solicitor on this draft
Convention expresses the views held by this Committee.
The letter written on 17th September 1908 by this
Association was certainly sent under a misapprehension
as to the meaning of the draft then under consideration.
It was assumed that protection was to be accorded to
those marks registered in the country of which the
claimant was a subject. That the marks had to be
registered in the other high contracting party's
office was so foreign to our thoughts that such a
reading never occurred to the members of this Committee.
This Association claims that the only just and reason-
able solution of the question is a recognition by the
Consular Courts in China of the principle that prior
use constitutes the right of ownership as between
subjects of the two high contracting parties.
Some measure of protection might be obtained if British
marks registered in England and Hongkong respectively
and used in China were protected from piracy by Japan-
ese in China. In return protection could be accorded
to Japanese marks registered in Japan, and where both marks were registered prior use in China could decide
the point.
4.