This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE.
CONFIDENTIAL.
No. 1.
146
[January 16.]
SECTION 2.
Sir E. Satow to the Marquess of Lansdowne,—(Received January 16, 1904.)
(No. 392.) My Lord,
Peking, November 18, 1903.
I HAVE the honour to acknowledge receipt of your Lordship's despatch No. 282 of the 21st September, instructing me to furnish a report as to what steps have been taken by the Superintendent of Northern Trade with a view to opening a register of trade-marks in accordance with Article VII of the Treaty of the 5th September, 1902.
On the receipt of your Lordship's preceding despatch on this subject, No. 247 of the 20th August, I instructed His Majesty's Consuls-General at Shanghae and Tien-tsin to impress upon the Superintendents of Southern and Northern Trade the necessity of issuing Regulations, if this had not already been done. Mr. Hopkins reported on the 28th October in a despatch of which I have the honour to forward a copy, with inclosures. Though steps have been taken, no definite result has yet been accomplished.
Mr. Mansfield reported that he had already been in communication with the Taotai, and had proposed to him the Hong Kong Trade-marks Ordinance of 1898 as a basis on which to draw up Rules and Regulations for the proposed registration office, and that he would address the Superintendent of Southern Trade on the subject. I have not yet learnt the result.
Mr. Hopkins having informed me some time previously that the Superintendent of Northern Trade affords facilities for the protection of trade-marks, I requested him to state what procedure had been hitherto observed, either as to registration or obtaining redress in case of infringement. He has now reported that he had made inquiries of the Customs Taotai on these points, who informed him that he could not find any procedure hitherto observed, but that when complaints were received from the Consulates, he instructs the Magistrate concerned to put a stop to the proceedings complained of.
From the fact that Mr. Hopkins found it necessary to apply to the Customs Taotai for information, I infer that no complaints of the infringement of British trade-marks have ever been preferred at His Majesty's Consulate-General at Tien-tsin.
With reference to Mr. Mansfield's Report above referred to, I understand from the Commercial Attaché that until a working scheme for registration is evolved, it is proposed to effect provisional registration at the custom-house in Shanghae, and that the Chinese Courts will, it is to be presumed, as they have done in the past, afford substantial protection against imitation on the part of Chinese subjects. He states that two firms of solicitors at Shanghae, namely, Messrs. Stokes and Platt and Messrs. Dowdall, Hanson, and McNeill, are prepared to act for the owners of trade-marks.
In my despatch No. 315 of the 7th September, I forwarded copy of a note which I had addressed to Prince Ching regarding the registration of trade-marks among other matters provided for by the new Commercial Treaty. The only reply I have hitherto received is that the Foreign Board had addressed the Superintendents of Northern and Southern Trade, and one of the inclosures in Mr. Hopkins' despatch of the 28th October, forwarded herewith, shows the steps that had been taken by the former.
I beg leave to observe, however, that the opening of an office for registration of trade-marks by the Chinese Government in pursuance of Article VII of the Treaty will not go far towards protection of British trade-marks in this country. It is not to any extent against infringement by Chinese subjects that protection is required. It is against fraudulent use of trade-marks on goods imported by foreigners of other nations that protection is needed, and this protection can only be obtained by the negotiation of arrangements for mutual protection such as already exists between Great Britain and France with regard to importations into Morocco, and as has recently been entered into between Great Britain and Italy in regard to China.
[1827 q--2]
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This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
No. 1.
146
[January 16.]
SECTION 2.
Sir E. Satow to the Marquess of Lansdowne,—(Received January 16, 1904.)
(No. 392.) My Lord,
Peking, November 18, 1903.
I HAVE the honour to acknowledge receipt of your Lordship's despatch No. 282 of the 21st September, instructing me to furnish a report as to what steps have been taken by the Superintendent of Northern Trade with a view to opening a register of trade-marks in accordance with Article VII of the Treaty of the 5th September, 1902.
On the receipt of your Lordship's preceding despatch on this subject, No. 247 of the 20th August, I instructed His Majesty's Consuls-General at Shanghae and Tien-tsin to impress upon the Superintendents of Southern and Northern Trade the necessity of issuing Regulations, if this had not already been done. Mr. Hopkins reported on the 28th October in a despatch of which I have the honour to forward a copy, with inclosures. Though steps have been taken, no definite result has yet been accomplished.
Mr. Mansfield reported that he had already been in communication with the Taotai, and had proposed to him the Hong Kong Trade-marks Ordinance of 1898 as a basis on which to draw up Rules and Regulations for the proposed registration office, and that he would address the Superintendent of Southern Trade on the subject. I have not yet learnt the result.
Mr. Hopkins having informed me some time previously that the Superintendent of Northern Trade afford's facilities for the protection of trade-marks, I requested him to state what procedure had been hitherto observed, either as to registration or obtaining redress in case of infringement. He has now reported that he had made inquiries of the Customs Taolai on these points, who informed him that he could not find any procedure hitherto observed, but that when complaints were received from the Consulates, he instructs the Magistrate concerned to put a stop to the proceedings complained of.
From the fact that Mr. Hopkins found it necessary to apply to the Customs Taotai for information, I infer that no complaints of the infringement of British trade-marks have ever been preferred at His Majesty's Consulate-General at Tion-tsin.
With reference to Mr. Mansfield's Report above referred to, I understand from the Commercial Attaché that until a working scheme for registration is evolved, it is proposed to effect provisional registration at the custom-house in Shanghae, and that the Chinese Courts will, it is to be presumed, as they have done in the past, afford substantial protection against imitation on the part of Chinese subjects. He states that two firms of solicitors at Shanghae, namely, Messrs. Stokes and Platt and Messrs. Dowdall, Hanson, and McNeill, are prepared to act for the owners of trade-
marks.
In my despatch No. 315 of the 7th September, I forwarded copy of a note which I had addressed to Prince Ching regarding the registration of trade-marks among other matters provided for by the new Commercial Treaty. The only reply I have hitherto received is that the Foreign Board haul addressed the Superintendents of Northern and Southern Trade, and one of the inclosures in Mr. Hopkins' despatch of the 28th October, forwarded herewith, shows the steps that had been taken by the former.
I beg leave to observe, however, that the opening of an office for registration of trade-marks by the Chinese Government in pursuance of Article VII of the Treaty will not go far towards protection of British trade-marks in this country. It is not to any extent against infringement by Chinese subjects that protection is required. It is against fraudulent use of trade-marks on goods imported by foreigners of other nations that protection is needed, and this protection can only be obtained by the negotiation of arrangements for mutual protection such as already exists between Great Britain and France with regard to importations into Morocco, and as has recently been entered into between Great Britain and Italy in regard to China. A
[1827 q--2]
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