This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE.
CONFIDENTIAL.
No. 1.
741
[December 5.]
SECTION 4.
(No. 364.) My Lord,
Sir E. Satow to the Marquess of Lansdowne.~(Received December 5.)
Peking, October 19, 1904.
IN continuation of my despatch No. 361 of the 17th October, I have the honour to transmit to your Lordship herewith copies of a letter which I have received from the Tien-tsin Chamber of Commerce, on the subject of the registration of trade-marks, and of my reply.
The Tien-tsin Chamber follows that of Shanghae in urging that the operation of the new Regulations be postponed for at least six months.
My advice to the merchants of Tien-tsin to deposit duplicates of their marks with His Majesty's Consul-General, and to request him to forward copies to the Commissioner of Customs so as to secure evidence of priority of use, is similar to advice which I gave to the Shanghae merchants on the 14th October by telegram through His Majesty's Consul-General.
In my telegram No. 224 of the 16th October, I informed your Lordship that the French and German Ministers had urged the Chinese Government to postpone the application of the Regulations, and I now learn that the Italian Minister addressed them in a similar sense. On the 9th October the Japanese Minister addressed a strong note to the Wai-wu Pu, insisting that the original date fixed for the Regulations to come into force (the 23rd October) should be maintained. The Chinese Government informed the French and German Ministers that they refused to postpone, and gave instructions to the Inspector-General of Maritime Customs to make preparations for enforcing the Regulations from the 23rd October. This is where the matter rests at present.
With regard to the proposal contained in the letter from the Shanghae Chamber of Commerce, inclosed in my despatch No. 361, that marks registered abroad, or which have been in use in China for over two years, should be afforded protection by simply being deposited with the Registrar without the payment of any fee, or by the payment of an initial fee of 30 dollars and 1 dollar for each mark, it seems to me that the Chamber of Commerce is expecting far too much.
We should, I think, gain some information as to how far the opposition to the Regulations is genuine from the extent to which the merchants follow the advice which I have given them to deposit duplicates of their marks with the Consul-General. They base themselves on the argument that they ought not to be placed in a worse position than they were in before the Treaty, and if they really fear such a contingency they will doubtless avail themselves to the full of the safeguards offered by the course which I have advised them to adopt. The number of marks deposited with the Consul-General ought thus to afford some indication of the extent of the interests involved, and the probable burden of registration should the proposed scale of fees be insisted upon.
I have, &c.
(Signed) ERNEST SATOW.
Your Excellency,
Inclosure 1 in No. 1.
Mr. J. M. Dickinson to Sir E. Satow.
Tien-tsin General Chamber of Commerce, Tien-tsin, October 12, 1904.
I HAVE the honour to inclose a copy of a letter addressed by this Chamber to the doyen of the Diplomatic Corps at Peking on the subject of the registration of trade-marks, and respectfully commend same to your Excellency's attention.
I have, &c. (Signed) J. M. DICKINSON.
[2288 e-4]
(.0.
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
No. 1.
741
[December 5.]
SECTION 4.
(No. 364.) My Lord,
Sir E. Satow to the Marquess of Lansdowne.~(Received December 5.)
Peking, October 19, 1904.
IN continuation of my despatch No. 361 of the 17th October, I have the honour to transmit to your Lordship herewith copies of a letter which I have received from the Tien-tsin Chamber of Commerce, on the subject of the registration of trade-marks, and of my reply.
The Tien-tsin Chamber follows that of Shanghae in urging that the operation of the new Regulations be postponed for at least six months.
My advice to the merchants of Tien-tsin to deposit duplicates of their marks with His Majesty's Consul-General, and to request him to forward copies to the Commis- sioner of Customs so as to secure evidence of priority of use, is similar to advice which I gave to the Shanghae merchants on the 14th October by telegram through His Majesty's Consul-General,
In my telegram No. 224 of the 16th October, I informed your Lordship that the French and German Ministers had urged the Chinese Government to postpone the application of the Regulations, and I now learn that the Italian Minister addressed them in a similar sense. On the 9th October the Japanese Minister addressed a strong note to the Wai-wu Pu, insisting that the original date fixed for the Regula- tions to come into force (the 23rd October) should be maintained. The Chinese Government informed the French and German Ministers that they refused to postpone, and gave instructions to the Inspector-General of Maritime Customs to make preparations for enforcing the Regulations from the 23rd October. This is where the matter rests at present. With regard to the proposal contained in the letter from the Shanghae Chamber of Commerce, inclosed in my despatch No. 361, that marks registered abroad, or which have been in use in China for over two years, should be afforded protection by simply being deposited with the Registrar without the payment of any fee, or by the payment of an initial fee of 30 dollars and 1 dollar for each mark, it seems to me that the Chamber of Commerce is expecting far too much.
We should, I think, gain some information as to how far the opposition to the Regulations is genuine from the extent to which the merchants follow the advice which I have given them to deposit duplicates of their marks with the Consul- General. They base themselves on the argument that they ought not to be placed in a worse position than they were in before the Treaty, and if they really fear such a contingency they will doubtless avail themselves to the full of the safeguards offered by the course which I have advised them to adopt. The number of marks deposited with the Consul-General ought thus to afford some indication of the extent of the interests involved, and the probable burden of registration should the proposed scale of fees be insisted upon.
I have, &c.
(Signed)
ERNEST SATOW.
Your Excellency,
•
Inclosure 1 in No. 1.
Mr. J. M. Dickinson to Sir E. Satow.
Tien-tsin General Chamber of Commerce, Tien-tsin, October 12, 1904.
I HAVE the honour to inclose a copy of a letter addressed by this Chamber to the doyen of the Diplomatic Corps at Peking on the subject of the registration of trade-marks, and respectfully commend same to your Excellency's attention.
I have, &c. (Signed) J. M. DICKINSON.
[2288 e-4]
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