[This Document is the Property of His Britannic Majesty's Government.]
NA TRADE.
CONFIDENTIAL.
No. 1.
515
[April 22.)
SECTION 1.
Sir E. Satow to the Marquess of Lansdowne,-(Received April 22.) (No. 77.) My Lord,
Peking, March 6, 1905. I HAVE the honour to inclose copies of a recent correspondence between Prince Ch'ing and myself with regard to the proposed amendments to the Trade-mark Regu- lations. His Highness refers to correspondence with the United States' and Japanese Representatives, of which copies were forwarded in my despatch No. 13 of the 13th January, and requests me to reply to his covering note. He also alludes to a "period of six months originally determined upon," which expires on the 19th April, in order to argue that the amendments should be decided upon at an earlier date.
In my reply I have pointed out that the Chinese Government refused in October last to postpone the operation of the Regulations for a period of six months, which I had asked for by your Lordship's instructions, and that subsequently the Prince under- took that, no matter what applications might be presented, no registrations would be effected until a mutual agreement had been arrived at as to the amendments to be introduced. Consequently, I could not recognize that any period of six months had been mentioned. I added that I hoped shortly to be in a position to present definite proposals in conjunction with my colleagues.
An identical note was addressed to each of my Austro-Hungarian, French, German, and Italian colleagues, who have replied in the same sense, but the French and German Ministers, having already received their instructions as to the amendments desired by their Governments, added that they would be ready to discuss them as soon as their other colleagues were in the same position. The Austro-Hungarian and Italian Governments, as far as I am aware, have no intention of proposing any amendments, and have simply sent instructions to their diplomatic Representatives to act with the German Minister.
From what my Japanese colleague has said to me, I am led to the belief that he has reminded the Chinese Government that Japan is not bound to accept their under- taking to refrain from registering trade-marks until the final form of the Regulations is agreed to, and that consequently all Japanese applications for registration must be acted on under the Regulations as they already stand. According to the Regulations, applications which are found to be in order must be registered at the end of six months, and that period expires on the 19th April. The note from Prince Ch'ing is evidently the result of the Japanese Minister's representations.
The consequence will be that, if the amendments are not agreed to by that date, the Chinese Government will find themselves in a dilemma. On the one hand they lave promised to certain Governments that they will register no trade-marks what- ever until a final agreement has been arrived at, while on the other they cannot refuse to register marks for the subjects and citizens of those other Powers who have officially accepted the Regulations in their present form.
As my French and German colleagues have now been in possession of their instructions for some time past, any further delay will naturally be laid to the charge of Great Britain. It is for this reason that I have recently telegraphed to your Lordship representing the desirability of definite instructions being furnished to me as early as possible.
I have, &c.
(Signed)
ERNEST SATOW,
Inclosure 1 in No. 1.
Tour Excellency,
Wai Wu-pu to Sir E. Satow.
February 21, 1905. ON the 10th January this Board had the honour to address a note to your Excellency
on the subject of amending the Trade-mark Regulations, inclosing at the Bune time copy of correspondence with the American and Japanese Representatives on this question.
As more than a month has elapsed since then, and we have not received [1948 y-1]
No comments yet.
Private notes are available after approval.