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(This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE,
CONFIDENTIAL.
No. 1.
[September 19.]
SECTION 1.
260
Manchester Chamber of Commerce to the Marquess of Lansdowne (Received
September 19.)
My Lord,
Manchester, September 18, 1905. THE Board of Directors of this Chamber desire me to thank you for the Confidential communication, dated the 5th September, sent upon your direction by Mr. Campbell, inclosing copy of the French text of amendments to the China Trade- marks Regulations agreed upon by Ministers of various countries accredited to Peking.
These Regulations, as amended, have been carefully considered, and I am instructed to state that, in the opinion of the Board, they are open to grave objection.
I am especially to refer to the preference proposed to be granted to marks regis- tered abroad (Articles 22 and 26), which appears certain to prejudice the just claims of the owners of many marks (especially in the textile classes), which, whether registered or not, have acquired established positions by long use in China. The Board is of opinion that, as regards "old" marks, extra-territorial claims, based upon foreign regis- tration or user, ought not to be recognized in the Chinese Regulations. The Treaty clause contains no obligation to do so, as, in effect, it limits the recognition of foreign registrations to marks for which owners have claimed protection in their own countries within the preceding four months. The Board considers that the Regulations other- wise should have regard only to the position of trade-marks as used in China.
The two alternatives allowed by Article 1, viz., the provision for either regis- tering "old" marks or depositing them for inclusion in the " special list," are calculated to lead to much confusion and conflict, especially as regards the large mass of marks in the textile trades used in China, which, in the opinion of the Board, ought to be placed
in the "special list" without any option of registration, and classified therein either as marks for which proprietary rights are claimed, or as open marks in general use in China--the former class to be intitled to protection equally with registered marks.
There is sent herewith copy of an English translation of the French text, with the amendments suggested by the Board indicated in red ink. The comments of the Board upon the clanses in detail are also inclosed.
The Manchester Chamber of Commerce, by request, revised the draft Regulations formulated by the British Patent Office officials, and these were sent to the Comptroller- General of Patents, Designs, and Trade-marks on the 6th April, 1905.
A printed copy
is sent herewith. The Board believes that those Regulations are much more likely to work satisfactorily than the amended Regulations now under discussion, and that if the latter are to become effective, provision should at least be made to exclude the textile classes from the operation of Articles 1, 22, and 26, so far as objection is herein indicated.
The subject is of great importance to China merchants in Manchester, and the Board would be grateful to your Lordship for the fullest and earliest information as the extent to which the Regulations will be modified, in view of these representations.
I have, &c.
(Signed) WALTER SPEAKMAN, Secretary.
Inclosure 1 in No. 1.
Trade-marks Regulations as amended by the British, French, and German Ministers in consultation at Peking. Approved by the Austro-Hungarian and Italian Repre- sentatives.
[With suggested further amendments by the Manchester Chamber of Commerce. Proposed additions are indicated by brackets.†j
ARTICLE 1. Any individual or firm, Chinese or foreign, wishing to retain the exclusive use of a trade-mark, must have it registered in conformity with the following Rules.
* In this printed copy these are indicated by erased type and brackets.
† See previous note. [2168 t-1]
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