CO129-330 - Public Offices - 1905 — Page 463

[This Document is the Property of His Britannic Majesty's Governmer.

CHINA TRADE,

CONFIDENTIAL.

No. 1.

(March 11.1

Γ

1254

SECTION 15 APR 05

456

Sir E. Satow to the Marquess of Lansdowne.-(Received March 11.)

(No. 13.) My Lord,

Peking, January 13, 1905. WITH reference to my despatch No. 439 of the 27th December, I have the honour to inclose translation of a note from Prince Ch'ing, transmitting copies of correspondence with the United States' Minister and the Japanese Chargé d'Affaires, relating to the undertaking given by the Chinese Government to myself, and my colleagues of Austria- Hungary, France, Germany, and Italy, not to proceed with the registration of trade-marks until an agreement is arrived at with regard to the amendments to be made in the Trade-mark Regulations.

Your Lordship will observe that Mr. Conger quotes a communication which I had instructed the Acting-Consul General at Tien-tsin to make to the Chairman of the Chamber of Commerce, and seems to regard its publication as a grievance, because he had been assured that "no official notification" would be made until after a further reply had been received from myself, and the colleagues who have been acting with me, and also that he would be officially informed by the Chinese Government of any decision to suspend the operation of the Regulations, so that he might be in a position to notify American citizens of the fact. He concludes by informing Prince Ch'ing that the rights acquired by United States' citizens, by reason of applications made under the Regulations, cannot be forfeited by any announcement that registration is to be postponed, and that until he receives official notice of the suspension of the Regulations his Government must hold that they are still in force.

There was never any understanding between the Foreign Board and myself that I should abstain from informing British subjects of the suspension of registration, nor was any answer from myself necessary to add force to the undertaking contained in Prince Ch'ing's note of the 22nd December, forwarded in my despatch No. 439.

Prince Ch'ing's reply confirms the fact that no trade-mark will be registered until an agreement has been arrived at with the various Powers, but adds that all applications that have been, or may be, made will be valid.

Mr. Matsui's note states that the Japanese Government cannot agree to postponement of the date for bringing the Regulations into force, but that, out of consideration for the difficult position of the Chinese Government, they are willing to agree to certain modi- fications, which would have the effect of postponing the operation of the Regulations for nine months. They are willing to consider any proposals for modification which may be presented from other quarters, and to accept any that prove to be unobjectionable. Beyond these concessions they cannot go.

The nature of the Japanese proposed modifications can be gathered from the Memorandum accompanying this note.

I understand that instructions were sent to the Japanese Minister as far back as the 5th November, in accordance with the communication made to His Majesty's Minister at Tokió, as reported in his despatch No. 348 of the 15th December, 1904, with a copy of which he has been so good as to furnish me. They arrived just at the time the Chinese Foreign Board had communicated to myself and some of my colleagues the proposals reported in my despatch No. 408 of the 30th November, and I understand that Mr. Uchida refrained from communicating them to the Chinese Government because he felt assured we should not accept them as sufficiently meeting the requirements of our Governments.

The reply of the Foreign Board to this note is less satisfactory from our point of view than that returned to the American Minister, since it omits all reference to their undertaking to suspend the registration of trade-marks. At the same time it contains no promise to accept the concessions offered by the Japanese Government as the limit beyond which no advance can be made, and it seems to indicate a disposition to adopt all reasonable amendments which may be suggested.

(1892-7—2]

I have, &c.

(Signed)

ERNEST SATOW.

B