This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
42.3
[January 10.]
SECTION 1
TR 5 FEC 06
114
[1327]
(No. 5.) Sir,
No. 1.
Sir Edward Grey to Sir M. Durand.
Foreign Office, January 10, 1906. As your Excellency is aware, the Chinese Government, in Article VII of the Treaty between the United Kingdom and China of the 5th September, 1902, undertook to establish offices, under the control of the Imperial Maritime Customs, where foreign trade-marks may be registered.
In order to carry out this undertaking the Chinese Government, after correspondence with the foreign Representatives at Peking, promulgated, on the 5th August, 1904, Regulations for the protection of trade-marks in China, which were to come into force on the 23rd October following.
The Regulations provided, among other things, that if, on the receipt of an application for registration, the head office found it to be in order, and if, within a period of six months, no protest against the same should have been made, registration would be proceeded with.
It was not surprising that Regulations in regard to so complicated a subject, prepared by a Chinese Board without the assistance of competent expert advisers, proved to be unsatisfactory.
Immediately after the publication of the Regulations protests were received from numerous firms and public bodies, including the Shanghae Chamber of Commerce, an international body, supported by the China (British), American, and German Associations, urging that the Regulations should be amended and their application postponed.
Representations to that effect were addressed by many of the foreign Representatives at Peking to the Chinese Government, who at first refused compliance on the ground that the American and Japanese Ministers objected to postponement.
The Japanese Minister eventually withdrew his objections, the Chinese Government declared their willingness to amend the Regulations, and a note was addressed by Prince Ching to the British, Austro-Hungarian, French, German, and Italian Ministers, agreeing that the Regulations should be provisionally suspended, and that therefore, whatever applications might be presented, there would be no registrations until a mutual agreement had been arrived at.
I inclose copies of despatches from His Majesty's Minister at Peking,* inclosing Prince Ching's note and the correspondence which at that time took place between the Chinese Government and the American Minister in regard to the postponement.
Negotiations are still proceeding between the Chinese Government and the British Minister and some of his colleagues respecting the amendment of the Regulations.
In a further despatch, of which a copy is also annexed,† Sir E. Satow incloses copies of correspondence between the American and German Ministers, from which it appears that Mr. Rockhill objects to the provision in the new draft Regulations by which applications for registration of trade-marks made before the new Regulations come into force are to be considered as having been presented on the day those Regulations do come into force.
Sir E. Satow explains in his despatch how the rights of owners of trade-marks may be affected by the exemption of such applications from the provisions of Article 25. I request that your Excellency will bring the explanation to the notice of the United States' Government, and that you will express the hope that they will see their way to withdraw their objections.
I am,
(Signed)
&c.
EDWARD GREY.
* Sir E. Satow, No. 439, December 27, 1904; ditto, No. 13, January 13; ditto, No. 145, April 28, 1905.
† Sir E. Satow, No. 351, October 26, 1905.
[1830 k-1]
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
42.3
[January 10.]
SECTION 1
TR 5 FEC 06
114
[1327]
(No. 5.) Sir,
No. 1.
Sir Edward Grey to Sir M. Durand.
Foreign Office, January 10, 1906. AS your Excellency is aware, the Chinese Government, in Article VII of the Treaty between the United Kingdom and China of the 5th September, 1902, undertook to establish offices, under the control of the Imperial Maritime Customs, where foreign trade-marks may be registered.
In order to carry out this undertaking the Chinese Government, after corre- spondence with the foreign Representatives at Peking, promulgated, on the 5th August, 1904, Regulations for the protection of trade-marks in China, which were to come into force on the 23rd October following.
The Regulations provided, among other things, that if, on the receipt of an application for registration, the head office found it to be in order, and if, within a period of six months, no protest against the same should have been made, registration would be proceeded with.
It was not surprising that Regulations in regard to so complicated a subject, prepared by a Chinese Board without the assistance of competent expert advisers, proved to be unsatisfactory.
Immediately after the publication of the Regulations protests were received from numerous firms and public bodies, including the Shanghae Chamber of Commerce, an international body, supported by the China (British), American, and German Associa- tions, urging that the Regulations should be amended and their application postponed.
Representations to that effect were addressed by many of the foreign Representa- tives at Peking to the Chinese Government, who at first refused compliance on the ground that the American and Japanese Ministers objected to postponement.
The Japanese Minister eventually withdrew his objections, the Chinese Government declared their willingness to amend the Regulations, and a note was addressed by Prince Ching to the British, Austro-Hungarian, French, German, and Italian Ministers, agreeing that the Regulations should be provisionally suspended, and that therefore, whatever applications might be presented, there would be no registrations until a mutual agreement had been arrived at.
I inclose copies of despatches from His Majesty's Minister at Peking,* inclosing Prince Ching's note and the correspondence which at that time took place between the Chinese Government and the American Minister in regard to the postponement.
Negotiations are still proceeding between the Chinese Government and the British Minister and some of his colleagues respecting the amendment of the Regulations.
In a further despatch, of which a copy is also annexed,t Sir E. Satow incloses copies of correspondence between the American and German Ministers, from which it appears that Mr. Rockhill objects to the provision in the new draft Regulations by which applications for registration of trade-marks made before the new Regulations come into force are to be considered as having been presented on the day those Regulations do come into force.
Sir E. Satow explains in his despatch how the rights of owners of trade-marks may be affected by the exemption of such applications from the provisions of Article 25. I request that your Excellency will bring the explanation to the notice of the United States' Government, and that you will express the hope that they will see their way to withdraw their objections.
I am,
(Signed)
&c.
EDWARD GREY.
* Sir E. Satow, No. 439, December 27, 1904; ditto, No. 13, January 13; ditto, No. 145, April 28, 1905.
Sir E. Satow, No. 351, October 26, 1905.
[1830 k-1]
No comments yet.
Private notes are available after approval.