This Document Is the Property of His Britannic Majesty's Government, and should be returned to the Foreign Office if not required for official use.]
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Cuba. Porto Rico, the territorry of Hawaii, the Philippine Islands and the Midway Islands, and the corporation shall give notice of such inventions, improvements and discoveries to the vendors in the same way as the vendors are obliged to give anch notice to the corporation in regard to new inventions, improvements and discoveries made by them in accordance with the stipulations contained in the annexed assignment." Furthermore, that assignment of the same date is specifically) subject to the understanding that the Poulsen Wireless Corporation shall not be entitled to the use of the said patents, &c., nor have the right to erect, establish or participate in erecting, establishing or running any stations or to sell any apparatus to be used for wireless telegraphy or telephony in any country or part of the world other than those specified in the agreement. According to my information, the Poulsen Wireless Corporation, subsequently to acquiring the American Poulsen rights, proceedled to form the Federal Telegraph Company for the purpose of exploiting those rights. There can thus be no doubt that the Federal Telegraph Company are equally bound by the obligations imposed upon the Poulsen Wireless Corporation under their agreement and assignment with the vendors. As regards the position of the Marconi Company, the Poulsen Wireless Telegraph Company (Limited), an English company, in which they hold the controlling interest. has acquired the Poulsen rights for all countries other than the United States of America and American territory (which, as above indicated, are in the hands of the Federal Telegraph Company) and certain European In the event, therefore, of countries which remain in the hands of a Danish company.
the Federal Company having recourse in China to the Poulsen patents, or to any modified or improved form of them, they would apparently be guilty of a breach of agreement, and His Majesty's Government hesitate to believe that in doing so they would have the support of the United States Government,
21. In conclusion, I need hardly remind you that His Majesty's Government will always be rea ly to consider any proposal that the United States Government may like to make, the object of which is to substitute international co-operation for international competition in China; nor do they in any way wish to limit the. field to which the above principles can with advantage be applied.
0
I have, &c.
CURZON OF KEDLESTON.
NO DISTRIFUTION.
Cypher telegram to Sir B. Alston (Peking).
Foreign Office. 19th April, 1921.
No. 156.
(R).
Your telegram No. 152,
11.20 a.m.
A note was handed to the American Chargé
d'Affaires on April 18th of which following is a
summary:-
The American memorandum of February 15th reveals
that there are several aspects of the matter in which the opinions of His Majesty's Government differ from those of the United States Government.
After reciting principal terms of the agreement of May 24th, 1919, between the Chinese Government and the Marconi Compary, it is held indisputable that the Federal Telegraph Company's contract of January 8th last constitutes & direct violation of
the earlier agreement.
The United States Government base their representations on the assumption that the Marconi rights constitute a monopoly or preference of such a nature as to debar United States citizens from contracting freely with the Chinese Government, and suggest that the action of His Majesty's Government in holding the Chinese Government to the Marconi contract raises & doubt as to the efficacy of recent
efforts
549