CO129-330 - Public Offices - 1905 — Page 553

פלי

[This Document is the Property of His Britannic Majesty's Governme46

CHINA TRADE.

CONFIDENTIAL.

C.O.

18069 REC May 6.] REG 27 MAY 05

SECTION 2.

1

No. 1.

(No. 100.) My Lord,

Sir E. Sutow to the Marquess of Lansdowne.---(Received May 6.)

Peking, March 18, 1905. I HAVE the honour to forward herewith two copies of the proposals for amending the Provisional Regulations governing the registration of trade-marks, drawn up by the Deutsche Vereinigung of Shanghae, which embody the various suggestions which have from time to time been put forward by the mercantile community of that port.

The salient feature of these proposals is the Article-No. 26-dealing with the treatment of marks, registered and unregistered, which were in public use in China prior to the signature of the recent British Treaty. Adequate protection for these marks is what the merchants most loudly call for, and, given that, they care but little for other minor points. The Article in question is based on the lines of the Resolutions passed at the meeting of the China Association held on the 19th January last, of which the Commercial Attaché las sent your Lordship a report. Mr. Jainieson is, I understand, mainly responsible for putting the views of the merchants as to the treatment to be accorded to such marks into shape, and both British and Germans have expressed! their complete satisfaction with the manner in which he has given expression to their ideus.

After the meeting of the China Association had been held, a Committee of the German Association, assisted by an officer of the German Consulate General, then proceeded to draft the accompanying further amendments to the original Regulations, which were all shown to Mr. Jameson, and with all of which, with the exception of Article 15, providing for a Court of Appeal, he is in general accord. As the British mercantile community, in a letter of which I have the honour to inclose a copy,* have intrusted him with full powers to negotiate on their behalf, it is to be assumed that they likewise indorse these proposals.

I venture to hope that your Lordship will agree with me in holding that Article 26 is a practical solution of a very complicated problem, and that if it is accepted by the Chinese Government it will dispose of most of the difficulties to which reference has been made in previous correspondence on this subject.

(Extract.)

I have, &c. (Signed)

Inclosure in No. 1.

ERNEST SATOW,

Registration of Trade-marks-Transitional Provisions.

ARTICLE 26. Prior rights shall be accorded to the following marks :-- (.) Those which were registered in a foreign country on the 1st January, 1903, and have since been used in China;

(6.) Those in respect of which, while not registered in a foreign country, a particular firm can prove to have claimed rights of exclusive use for certain classes of goods prior to the 1st January, 1903, and which have since then been used by the claimant in China, provided registration of them is applied for within three months from the day of the coming into force of the Regulations.

Marks under (b) can claim priority only if the Chinese or foreign trade name of the owner of the mark is added to them.

If no

Marks enjoying priority according to this Article shall be published in the official "Trade-Marks Gazette' within three months from the day of application. opposition be made within six months from the day of publication, these marks will be recorded in a special register.

Such recording may only be refused if it be proved that-

1. There is a ruling of the Court having jurisdiction that the applicant is not entitled to the use of the mark;

* Not printed.

(1977 -2]