[This Document is the Property of His Britannic Majesty's Government.]
# CHINA TRADE.
## CONFIDENTIAL.
[21328]
No. 1.
485
[June 23.] SECTION 1.CO.
24600
RECO Rest 7 JUL 06
Sir,
Board of Trade to Foreign Office.-(Received June 23.)
ADVERTING to your letter of the 7th March last, and to subsequent communications on the subject of copyright in China, I am directed by the Board of Trade to transmit, for the information of the Secretary of State, the inclosed copy of a Memorandum which has been prepared in this Department in the matter.
I am, &c.
(Signed)
HERBERT JEKYLL
Inclosure in No. 1.
## Memorandum.
OUR experience in connection with the negotiations about Trade-mark Regulations in China does not encourage the hope that the Chinese Government will be ready to pass satisfactory legislation as to copyright, but it certainly points to the conclusion that if the question is likely to come up for discussion with the Chinese Government, His Majesty's Minister at Peking should have some intimation of the views of the Board with reference to the course of action to be taken by him of which they would approve. In the case of the Trade-mark Regulations which the Chinese Government propose to make, no opportunity was given to the Board of expressing their views on the suggested Regulations until negotiations had been proceeding for some time. Ultimately we had to take several serious objections to proposals which the Minister had not objected to.
It appears from the Chinese Treaties with the United States and Japan, that the Chinese Government have agreed with the United States "to give full protection, in the same way and manner and subject to the same conditions upon which it agrees to protect trade-marks, to all citizens of the United States who are authors, designers, or proprietors of any book, map, print, or engraving especially prepared for the use and education of the Chinese people, or translation into Chinese of any book, in the exclusive right to print and sell such book, map, print, engraving, or translation in the Empire of China during ten years from the date of registration. With the exception of the books, maps, &c., specified above, which may not be reprinted in the same form, no work shall be entitled to copyright privileges under this Article. It is understood that Chinese subjects shall be at liberty to make, print, and sell original translations into Chinese of any works written or of maps compiled by a citizen of the United States. This Article shall not be held to protect against due process of law any citizen of the United States or Chinese subject who may be author, proprietor, or seller of any publication calculated to injure the well-being of China.
With Japan they have also agreed "to make such Regulations as are necessary for affording protection to registered copyrights held by Japanese subjects in the books, pamphlets, maps, and charts written in the Chinese language, and specially prepared for the use of Chinese people.
"It is further agreed that the Chinese Government shall establish registration offices where foreign copyrights, upon application for the protection of the Chinese Government, shall be registered in accordance with the provisions of the Regulations to be hereafter framed by the Chinese Government for the purpose of protecting copyrights.
"It is understood that Chinese ... properly registered according to the provisions of the laws and Regulations of Japan, will receive similar protection against infringement in Japan.
"This Article shall not be held to protect against due process of law any Japanese or Chinese subject who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.”
[2026 -1]
Co.
[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[21328]
No. 1.
485
[June 23.j SECTION 1.CO.
24600
RECO Rest 7 JUL 06
Sir,
Board of Trade io Foreign Office.-(Received June 23.)
ADVERTING to your letter of the 7th March last, and to subsequent com-
7, Whitehall Gardens, London, June 21, 1906. munications on the subject of copyright in China, I am directed by the Board of Trade to transmit, for the information of the Secretary of State, the inclosed copy of a Memorandum which has been preparod in this Department in the matter.
I am, &c.
(Signed)
HERBERT JEKYLL
Inclosure in No. 1.
Memorandum.
OUR experience in connection with the negotiations about Trade-mark Regulations in China does not encourage the hope that the Chinese Government will be ready to pass satisfactory legislation as to copyright, but it certainly points to the conclusion that if the question is likely to come up for discussion with the Chinese Government, His Majesty's Minister at Peking should have some intimation of the views of the Board with reference to the course of action to be taken by him of which they would approve. In the case of the Trade-mark Regulations which the Chinese Government propose to make, no opportunity was given to the Board of expressing their views on the suggested Regulations until negotiations had been proceeding for some time. Ultimately we had to take several serious objections to proposals which the Minister had not objected to.
It appears from the Chinese Treaties with the United States and Japan, that the Chinese Government have agreed with the United States "to give full protection, in the same way and manner and subject to the same conditions upon which it agrees to protect trade-marks, to all citizens of the United States who are authors, designers, or proprietors of any book, map, print, or engraving especially prepared for the use and education of the Chinese people, or translation into Chinese of any book, in the exclusive right to print and sell such book, map, print, engraving, or translation in the Empire of China during ten years from the date of registration. With the exception of the books, maps, &c., specified above, which may not be reprinted in the same form, no work shall be entitled to copyright privileges under this Article. It is understood that Chinese subjects shall be at liberty to make, print, and sell original translations into Chinese of any works written or of maps compiled by a citizen of the United States. This Article shall not be held to protect against due process of law any citizen of the United States or Chinese subject who may be author, proprietor, or seller of any publication calculated to injure the well-being of China. with Japan
"to make such Regulations as are necessary for affording protection to They have also agreed registered copyrights held by Japanese subjects in the books, pamphlets, maps, and charts written in the Chinese language, and specially prepared for the use of Chinese people.
"It is further agreed that the Chinese Government shall establish registration offices where foreign Chinese Government, shall be registered in accordance with the provisions of the copyrights, upon application for the protection of the Regulations to be hereafter framed by the Chinese Government for the purpose of protecting
copyrights.
copyrights, properly registered according
"It is understood that Chinese
to the provisions of the laws and Regulations of Japan, will receive similar protection against infringement in Japan,
"This Article shall not be held to protect against due process of law any Japanese
or Chinese subject who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.”
[2026 -1]
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