2
complete set of such arrangements concluded mutually between the various Powers that have Treaties with China can alone provide the safeguards that are necessary.
The owners of trade-marks, however, are unaware of this. They naturally suppose that a clause of this kind in a Treaty with China will give as adequate protection as if it had been negotiated with an independent Power, whose sovereignty is not limited by extra-territorial Consular jurisdiction. I venture to suggest that when inquiries on the subject are made at your Lordship's office, the actual state of the case should be made known to the inquirers, and that they should be informed that, under the circumstances, they must not expect any great advantage to result to them from the trouble and expense which they must incur in order to obtain registration in China.
I have, &c.
(Signed)
ERNEST SATOW,
3
147
well as a detailed Memorandum submitted to the Board by Sir Robert Hart, Inspector-General of Customs, both of which documents I referred to the Tien-tsin Customs Taotai for his report thereon.
The Customs Taotai has since reported to the effect that, in order to conduce to the general convenience, an office for the Registration of trade-marks should be instituted at Tien-tsin by the Superintendency of Northern Trade. But inasmuch as the duty of dealing with the registration of trade-marks, and with the fees receivable in respect of such registration, is intrusted to the Imperial Maritime Customs, it should be for the Inspector-General of Customs to draw up a set of Regulations for submission to the Wai-Wu Pu, who could, after consideration and approval, transmit these Regulations to the various Superintendents of Customs for their guidance. As soon as such a scheme has been finally determined, the duty of protecting trade-marks in accordance with its provisions should be scrupulously observed, in conformity with the Treaty.
I have therefore requested the Wai-Wu Pu to give instructions to the Inspector-General of Customs to take the matter into due consideration, and deal with it accordingly.
I have, &c.
Inclosure 1 in No. 1.
Consul-General Hopkins to Sir E. Satow.
(No. 51.) Sir,
Tien-tsin, October 28, 1903. On receiving your despatch No. 29 of the 8th instant, relative to the protection of British trade-marks, I addressed to his Excellency the Viceroy a despatch copy and Chinese translation of which I have the honour to inclose, and in due course received his Excellency's reply, copy and translation of which I also inclose for your information.
I have, &c.
(Signed)
L. C. HOPKINS.
Sir,
Inclosure 2 in No. 1.
Consul-General Hopkins to Viceroy Yuan.
Tien-tsin, October 18, 1903.
I HAVE the honour to recall to your Excellency's recollection the provisions of Article VII of the Commercial Treaty signed at Shanghae on the 5th September, 1902, which runs as follows:---
[Article VII quoted in full.]
I am instructed to inquire whether your Excellency has yet framed any such Regulations. If Regulations have not yet been drawn up, I have the honour to move your Excellency to take the necessary action for the carrying out of the above-quoted Article at as early a date as possible, in order that British subjects may duly avail themselves of such provisions for the protection of British trade-marks against infringement, &c.
I have, &c.
(Signed) L. C. HOPKINS.
Inclosure 3 in No. 1.
(Translation.) Sir,
Viceroy Yuan to Consul-General Hopkins.
Tien-tsin, October 19, 1903.
I HAVE the honour to acknowledge receipt of your despatch of the 18th instant, on the subject of the registration of trade-marks.
[Mr. Hopkins No. 121 quoted in Bill.]
With regard to this matter of the protection of British trade-marks, I beg to state that I have received from the Wai-Wu Pu a despatch, communicating to me a copy of a letter to that Board from his Excellency the British Minister on the same subject, as
2
complete set of such arrangements concluded mutually between the various Powers that have Treaties with China can alone provide the safeguards that are necessary.
The owners of trade-marks, however, are unaware of this. They naturally suppose that a clause of this kind in a Treaty with China will give as adequate protection as if it had been negotiated with an independent Power, whose sovereignty is not limited by extra-territorial Consular jurisdiction. I venture to suggest that when inquiries on the subject are made at your Lordship's office, the actual state of the case should be made known to the inquirers, and that they should be informed that, under the circumstances, they must not expect any great advantage to result to them from the trouble and expense which they must incur in order to obtain registration in China.
I have, &c.
(Signed)
ERNEST SATOW,
3
147
well as a detailed Memorandum submitted to the Board by Sir Robert Hart, Inspector- General of Customs, both of which documents I referred to the Tien-tsin Customs Taotai for his report thereon.
The Customis Taotai has since reported to the effect that, in order to conduce to the general convenience, an office for the Registration of trade-marks should be instituted at Tien-tsin by the Superintendency of Northern Trade. But inasmuch as the duty or dealing with the registration of trade-marks, and with the fees receivable in respect of such registration, is intrusted to the Imperial Maritime Customs, it should be for the Inspector-General of Customs to draw up a set of Regulations for submission to the Wai-Wu Pu, who could, after consideration and approval, transmit these Regulations to the various Superintendents of Customs for their guidance. As soon as such a scheme has been finally determined, the duty of protecting trade-marks in accordance with its provisions should be scrupulously observed, in conformity with the Treaty.
I have therefore requested the Wai-Wu Pu to give instructions to the Inspector- General of Customs to take the matter into due consideration, and deal with it accordingly.
I have, &c.
Inclosure 1 in No. 1.
Consul-General Hopkins to Sir E. Salow.
(No. 51.) Sir,
Tien-tsin, October 28, 1903. On receiving your despatch No. 29 of the 8th instant, relative to the protection of British trade-marks, I addressed to his Excellency the Viceroy a despatch copy and Chinese translation of which I have the honour to inclose, and in due course received his Excellency's reply, copy and translation of which I also inclose for your information.
I have, &c.
(Signed)
L. C. HOPKINS.
Sir,
Inclosure 2 in No. 1.
Consul-General Hopkins to Viceroy Yuan.
Tien-tsin, October 18, 1903.
I HAVE the honour to recall to your Excellency's recollection the provisions of Article VII of the Commercial Treaty signed at Shanghae on the 5th September, 1902, which runs as follows:---
[Article VII quoted in full.]
I am instructed to inquire whether your Excellency has yet framed any such Regulations. If Regulations have not yet been drawn up, I have the honour to move your Excellency to take the necessary action for the carrying out of the above-quoted Article at as early a date as possible, in order that British subjects may duly avail themselves of such provisions for the protection of British trade-marks against infringement, &c.
I have, &c.
(Signed) L. C. HOPKINS.
Inclosure 3 in No. 1.
(Translation.) Sir,
Viceroy Yuan to Consul-General Hopkins.
Tien-tsin, October 19, 1903.
I HAVE the honour to acknowledge receipt of your despatch of the 18th instaut, on the subject of the registration of trade-marks.
[Mr. Hopkins No. 121 quoted in Bill.]
With regard to this matter of the protection of British trade-marks, I beg to state that I have received from the Wai-Wn Pu a despatch, communicating to me a copy of a letter to that Board from his Excellency the British Minister on the same subject, as
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