CO129-345 - Public Offices & Foreign Office - 1907 — Page 564

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

CHINA TRADE.

ง

CONFIDENTIAL.

[38636]

No. 1.

[December 6.]

SECTION 1,

Sir,

Foreign Office to Board of Trade.

Foreign Office, December 6, 1907. WITH reference to the letter from this Department of the 4th ultimo, I am directed by Secretary Sir E. Grey to transmit to you a copy of a despatch from His Majesty's Ambassador at Tokió respecting the protection of Trade Marks in China and Corea.

Sir C. MacDonald encloses draft Conventions with Japan for the mutual protection of British and Japanese Trade Marks in China and Corea respectively, which have been communicated to him by the Japanese Government, together with a Memorandum by the Commercial Attaché to His Majesty's Embassy on the former containing comments on some of the provisions of these drafts.

I am to offer the following comments on the inclosed papers.

The second paragraph of draft Article I relating to China runs as follows:-

"It is, however, understood that those who have actually been using Trade Marks in China for at least three years prior to the operation of this Convention shall not be prohibited from continuing the use of the Trade Marks in consequence of the exercise of the exclusive right thereto obtained by others."

This provision appears objectionable, since it is notorious that many British marks are being used by Japanese subjects in defiance of the wishes of their legitimate

owners.

Mr. Crowe has therefore submitted a fresh wording for this portion of the Cou- vention which he considers would meet the case from the British point of view.

I am to suggest that the Board of Trade should cause a counter-draft of that paragraph to be prepared, as well as of other passages, if any, to which they take exception, for presentation to the Japanese Government.

I am also to request you to inform the Board that Sir E. Grey is inclined to think that the decision of His Majesty's Government that the Convention with Japan should be concluded prior to continuing the Chinese negotiations should be adhered to.

To turn to the second draft, Sir E. Grey does not consider it desirable to enter into negotiations for a separate Convention as regards Corea, which the Japanese Govern- ment would seem to intend to use as a means for reducing British extraterritorial rights in that country, and I am to suggest that the Japanese Government should be informed that His Majesty's Government do not contemplate the conclusion of such an arrange- ment, but consider that the requirements of the case would be fully met by the insertion of the words "and Corea" after the word "China" throughout the text of the Agreement.

Comments on these drafts will probably be received from His Majesty's Minister at Peking and His Majesty's Consul-General at Seoul, but it seems to Sir E. Grey hardly necessary to delay the matter further by awaiting their receipt, as it is already known that Sir J. Jordan strongly objects to the purport of paragraph 2 of Article I of draft Convention with Japan.

As the Board are aware, this matter is somewhat urgent. Sir E. Grey would therefore be glad to learn their views as soon as convenient.

I am, &c.

(Signed)

* Sir C. MacDonald, No. 271, October 29, 1907.

F. A. CAMPBELL.

[2675 ƒ—1]

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