[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
C O.
57910671
[October 24.]
SECTION E NOV D
No. I.
(No. 318.) My Lord,
Sir E. Satow to the Marquess of Lansdowne.-(Received October 24.)
Peking, August 31, 1904. WITH reference to my despatch No. 286 of the 8th instant, and to the Trade-mark Regulations inclosed therein, my attention has been drawn to the wording of Article 20, from which it might be thought that it was intended to have suits for infringement of trade-marks in which one party was a foreigner and the other a Chinese tried by the local authorities and the Consul, sitting together.
I consequently addressed a note to Prince Ch'ing, expressing my confidence that the provision was meant to be understood in accordance with the principle laid down in the Chefoo Convention, namely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice, and that the law administered will be that of the nationality of the officer trying the case.
I have now received a reply from the Prince to the effect that Article 20 is understood in the sense of the Chefoo Convention.
I beg to inclose copies of the correspondence, which will also be communicated to the Commercial Attaché for his information.
I have, &c.
(Signed) ERNEST SATOW,
Inclosure 1 in No. 1.
Your Highness,
Sir E. Satow to Prince Ch'ing.
Peking, August 18, 1904. MY attention has been drawn to the wording of Article 20 of the Provisional Regulations for the Registration of Trade-marks, forwarded to me in your Highness' note of the 12th instant.
This Article lays it down that suits for infringement of trade-marks will be conducted as follows:-
(a.) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial.
(b.) If the defendant be a Chinese, the Consul concerned will communicate with the Chinese authorities to hold a joint investigation and trial.
It is possible that the draughtsman who prepared the Regulations had in his mind the Chinese text of Article XVI of the Treaty of Tien-tsin between Great Britain and China; but I beg to remind your Highness of the interpretation of that Article laid down in section 2 of the Chefoo Agreement of 1876, namely, that as long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice, and that the law administered will be that of the nationality of the officer trying the case.
I trust to receive from your Highness an assurance that this is the sense in which Article 20 of the Trade-mark Regulations is understood by the Chinese Government,
I am, &c. (Signed) ERNEST SATOW.
[2206 aa―]
-1]
:
:
[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
C O.
57910671
[October 24.]
SECTION E NOV D
No. I.
(No. 318.) My Lord,
Sir E. Satow to the Marquess of Lansdowne.-(Received October 24.)
Peking, August 31, 1904. WITH reference to my despatch No. 286 of the 8th instant, and to the Trade- mark Regulations inclosed therein, my attention has been drawn to the wording of Article 20, from which it might be thought that it was intended to have suits for infringement of trade-marks in which one party was a foreigner and the other a Chinese tried by the local authorities and the Consul, sitting together.
I consequently addressed a note to Prince Ch'ing, expressing my confidence that the provision was meant to be understood in accordance with the principle laid down in the Chefoo Convention, Damely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice, and that the law administered will be that of the nationality of the officer trying the case.
I have now received a reply from the Prince to the effect that Article 20 is understood in the sense of the Chefoo Convention.
I beg to inclose copies of the correspondence, which will also be communicated to the Commercial Attaché for his information.
I have, &c.
(Signed) ERNEST SATOW,
Inclosure 1 in No. 1.
Your Highness,
Sir E. Satow to Prince Ch'ing.
Peking, August 18, 1904. MY attention has been drawn to the wording of Article 20 of the Provisional Regulations for the Registration of Trade-marks, forwarded to me in your Highness' note of the 12th instant.
This Article lays it down that suits for infringement of trade-marks will be conducted as follows:-
(a.) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial.
(b.) If the defendant be a Chinese, the Consul concerned will communicate with the Chinese authorities to hold a joint investigation and trial.
It is possible that the draughtsman who prepared the Regulations had in his mind the Chinese text of Article XVI of the Treaty of Tien-tsin between Great Britain and China; but I beg to remind your Highness of the interpretation of that Article laid down in section 2 of the Chefoo Agreement of 1876, namely, that as long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice, and that the law administered will be that of the nationality of the officer trying the case.
I trust to receive from your Highness an assurance that this is the sense in which Article 20 of the Trade-mark Regulations is understood by the Chinese Government,
I am, &c. (Signed) ERNEST SATOW.
[2206 aa―]
-1]
No comments yet.
Private notes are available after approval.