[This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE.
CONFIDENTIAL.
No. 1.
[December 30.]
SECTION 1.
281
Sir,
Foreign Office to Board of Trade.
Foreign Office, December 30, 1904. I AM directed by the Marquess of Lansdowne to acknowledge the receipt of your letter of the 20th instant relative to the Provisional Regulations for the Registration of Trade-marks in China.
It is observed that the Comptroller-General of Patents, in the Memorandum inclosed in that letter, has expressed the opinion that the draft Regulations submitted to His Majesty's Minister at Peking by the Commercial Attaché to the Legation are much more satisfactory than those now under consideration, and has pointed out that it does not appear why they were not adopted in preference to the latter.
In reply, I am to state that the original Regulations referred to were drafted by the Chinese Maritime Customs in consultation with the Commercial Attaché of His Majesty's Legation. No explanation of the reason why they were set aside has been received, and it can only be supposed they did not give satisfaction to the Board of Commerce at Peking and their Japanese Adviser by whom the present Regulations were compiled. When His Majesty's Minister forwarded the present Regulations he merely said that, in the opinion of Mr. Jamieson, they were likely to work more satisfactorily than the others.
It is suggested in your letter that His Majesty's Minister at Tokio might be requested to supply further information in regard to the statement of the Japanese Government reported in his telegram No. 303 of the 27th ultimo, viz., that the Regula- tions were promulgated only after the amendments proposed by His Majesty's Government to Article 6 had been accepted in toto.
It will be recollected that when the Regulations were sent to Sir E. Satow by the Board of Commerce they intimated that they were anxious to submit them to the Throne within the next few days, and requested an expression of his views within that time. Sir E. Satow sent the Regulations to Mr. Jamieson, who furnished him with the results of an examination of them by a meeting of British merchants at Shanghae. A discus- sion on the points raised thereupon took place with the Board of Commerce, and some modifications to meet Sir Ernest's views were incorporated m the Regulations.
When, therefore, the Japanese Government stated to His Majesty's Minister at Tokio that the Regulations had been promulgated only after Sir E. Satow's amendments to Article 6 had been accepted, no doubt they spoke with knowledge of the facts, knowledge derived probably from the Japanese Adviser to the Chinese Board of Commerce.
Sir E. Satow was aware of the reply of the Japanese Government to the representa- tions made to them by Sir C. MacDonald, and would, no doubt, have telegraphed had they been mistaken as to the facts,
I am to say that, in the circumstances, Lord Lansdowne is of opinion that no good purpose would be served by inviting further explanations from the Japanese Govern- ment, more especially in view of the assurance given by the Chinese Government that no marks will be registered until an agreement has been arrived at as to the amendments to be introduced into the Regulations.
Copies of your letter and inclosures, and of the letter from the Manchester Chamber of Commerce of the 12th December will, as suggested, be sent to His Majesty's Minister at Poking for his information and guidance.
I am, &c.
[2288 gy---1]
(Signed)
F. A. CAMPBELL.
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