CO129-344 - Public Offices & Foreign Office - 1907 — Page 129

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

C 0.

128

CHINA TRADE.

CONFIDENTIAL.

[13413]

No. 1.

(April 18214 SECTION

RED 22 MAY 07

7

Sir,

Manchester Chamber of Commerce to Foreign Office.-(Received April 26.)

Manchester, April 24, 1907. I AM desired by the Vice-President of this Chamber--at present the acting President--to acknowledge and thank you for the letter addressed to this Chamber, by the instruction of Sir Edward Grey, on the 6th instant, on the subject of the protection of trade-marks in China.

The Vice-President is very glad to observe that the Regulations suggested by the Board of Commerce will not be accepted by His Majesty's Government, and that every effort will be made to obtain a settlement of the Regulations.

With reference to the last paragraph of the letter under reply, however, viz. :-

That the foreign Representatives were unable to give their consent to the Regulations as long as Chinese Government insist upon the retention of provisions which conflict with the extra-territorial rights of foreigners in China,"

I am instructed to say that on this subject the views of the Chamber were expressed in a letter to the Marquess of Lansdowne on the 16th September, 1905, from which the following paragraph is reproduced, viz. :-

"I am especially to refer to the preference proposed to be granted to marks registered 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 registration 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 should have regard only to the position of trade-marks as used in China."

[2448 cc-

2]

(Signed)

I am, &c.

WALTER SPEAKMAN,

Secretary.

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