!
3
526
Sir E. Grey would also be glad to be informed of the number of cases reported to the China Association in which British trade-marks have been infringed in China by Japanese subjects during the past three years.
&c.
Enclosure 1 in No. 1.
I am,
F. A. CAMPBELL.
Draft Convention for Mutual Protection of British and Japanese Trade-Marks in China.
HIS Majesty the King of Great Britain, &c., and His Majesty the Emperor of Japan, being desirous to secure in China reciprocal protection for the trade-marks of their respective subjects, until such time as China shall issue regulations granting protection to the trade-marks of all foreign Powers in China, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say, &c. :----
ARTICLE 1.
Trade-marks, whether registered or not, which are used in China by the subjects of one High Contracting Party, shall enjoy in all parts of China the same protection against infringement or misuse by the subjects of the other Contracting Party as is accorded in the Courts of such Contracting Party to registered trade-marks, and, consequently, in case of such infringement or misuse, it will be open to the aggrieved person to take proceedings in the competent Consular Courts of the other Party.
The High Contracting Parties agree that all disputes arising as to the right to use a mark shall be decided solely on the grounds of priority of user in China.
ARTICLE 2.
The provisions of Article 1 in respect of trade-marks shall be deemed to extend to commercial names and "hong" marks.
ARTICLE 3.
The present Convention shall be ratified, and the ratification thereof shall be It shall come into force exchanged at
as soon as possible.
days after such ratification.
In witness whereof, &c.
rights and remedies as the subjects of such other Contracting Party without being compelled to submit to any other or more onerous conditions than such subjects.
The provisions of the preceding paragraph regarding the rights and remedies of aggrieved parties in cases of infringements of designs and trade-marks shall extend to cases of misuse in the application to goods of any figures, words, or marks, or arrangements or combination thereof, whether including a trade-mark or not, which are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some other person than the person whose merchandise or manufac- ture they really are.
ARTICLE 2.
Each High Coutracting Party engages to extend to the subjects of the other Contracting Party the same treatment in China in the matter of the protection of their commercial names as they enjoy in the country of such Contracting Party under the Convention for the Protection of Industrial Property, signed at Paris on the 20th March, 1883.
"Hong" marks shall be considered to be commercial names for the purpose of this Convention.
ARTICLE 3.
Subjects of His Majesty the Emperor of Japan belonging to Corea and subjects of His Britannic Majesty belonging to British Colonies, Possessions, and Protectorates shall have in China the same treatment under the present Convention as subjects of Japan and of the United Kingdom respectively.
ARTICLE 4.
All rights growing out of the present Convention shall be recognised in the insular and other possessions and leased territories of the High Contracting Parties in China or Chinese waters, and all legal remedies provided for the protection of such rights shall be duly enforced by the competent courts.
ARTICLE 5,
The present Convention shall be ratified, and the ratification thereof shall be exchanged at
as soon as possible. It shall come into force
after such ratification,
In witness whereof, &c.
days
Enclosure 2 in No. 1.
Counter-Draft Convention for Mutual Protection of British and Japanese Inventions, Designs, and Trade-Marks in China.
HIS Majesty the King of Great Britain, &c., and His Majesty the Eroperor of Japan, being desirous to secure in China reciprocal protection for the inventions, designs, and trade-marks of their respective subjects, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say, &c. :-
ARTICLE 1.
Inventions, designs, and trade-marks duly patented or registered by the subjects 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 or misuse by the subjects of such other Contracting Party as in the country where patented or registered, and consequently, in case of such infringement or misuse, the aggrieved party shall have, in the competent courts of such other Contracting Party, the same