CO129-331 - Public Offices - 1905 — Page 617

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This Document is the Property of His Britannic Majesty's Government.]

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CHINA TRADE.

CONFIDENTIAL.

No. 1.

45, 14

[December 1

SECTION 25

Chamber of Commerce and Manufacturers to the Marquess of Lansdowne.-- (Received December 1.)

My Lord,

7, West George Street, Glasgow, November 30, 1905. ON the 30th ultimo the Directors of this Chamber had the honour to receive from your Lordship a letter explanatory of the Regulations for the protection of trade-marks in China, and inclosing for their information the French text of the amended draft of the Regulations framed by the British, French, and German Ministers at Peking, with an English translation of the draft, and also a copy of an "amended version of the Regulations in question.

The Directors of the Chamber appointed a Special Committee to deal with this important matter, and at a recent Meeting unanimously approved of the Committee's Report, which was to the following effect, viz. :·

"There are two main points which the Committee desire to emphasize, and if these are dealt with in the way the Committee wish, it does not consider that the Rules are otherwise objectionable. The two exceptions are:

"1. In the New Rule No. 1.-That while there was evidently a desire on the part of the drafter to make it entirely optional for the owners of trade-marks whether they should register their trade-marks or deposit samples under certain rules-a procedure which presumably would take the place of registration, and give priority of claim-the wording of Clauses 6 and 7 appears unintentionally contradictory, and makes no provision for this deposit of samples covering priority without registration, and as the Committee consider that the optional procedure is of great value to the trade interests, they recommend the revision of Clauses 6 and 7 to give effect to this; and

2. Clause 22 the Committee consider unreasonable, and so contrary to the legal usage in other markets, that it is difficult to understand for what purpose it has been inserted in the revised draft.

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To sum up what would satisfy the Committee is that a measure should be enacted by the Government of China which would give protection to the prior users of trade-marks in China, as has been the practice heretofore."

I am accordingly respectfully to request that your Lordship's Department, in the interests of British traders and merchants who have large and important direct business connections with China, will use its influence in such way as may be deemed most expedient for securing the revision of the Regulations on the two points, and on the lines above indicated, and at any rate will endeavour to secure that such a legislative measure shall be enacted by the Government of China as will give protection to the prior users of trade-marks in China, as has been the practice heretofore.

I have, &c. (Signed) WILLIAM JARVIS.

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