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This Document is the Property of His Britannic Majesty's Government.}-
CHINA TRADË.
CONFIDENTIAL.
1799 [December 10.]
IRFER
Serio?JAN 08
[40549]
Sir,
No. 1.
Messrs. Ashton, Hoare, and Co. to Sir Edward Grey.~(Received December 10.)
36, Charlotte Street, Manchester,
December 9, 1907.
WE last addressed you on this subject on the 3rd July last, and now beg to submit to you an extract from a letter dated Shanghae, the 14th November, from our correspondents at that port. They write as follows:-
"The Foreign Office is making urgent appeals to the Japanese Government, through Sir Claude MacDonald, His Britannic Majesty's Minister at Tokio, with a view to the conclusion of an Agreement whereby marks being used by British firms in China will receive the protection of the Japanese Courts. Meantime they state that it cannot be too strongly emphasized that every mark likely to be used in the future, either in Japan or China, should be registered at once at the Japanese Patent Office, failing which no action in a Japanese Court is likely to be successful. We think the Foreign Office might be asked why, as the expense of registering, without knowing how far protection goes according to Japanese law, is a thing to be seriously considered. The best solution, and one which the Foreign Office should, we think, press for in view of our Treaty with Japan, is that the latter should join the Trade- Mark Convention, for the reciprocal protection of marks in China."
They also write that it is publicly stated in Shanghae that--
"Mr. Hisamoto, of the Japanese Patent Bureau, has requested the Yokohama Foreign Board of Trade to make it known that it is the earnest desire of the Bureau to secure to every one the full protection accorded by the law, and that they will be glad to receive particulars of all marks which are still in use and were in existence and use prior to the 1st July, 1899."
In view of recent decisions in the Japanese Courts, which give encouragement to the idea that the imitation of a trade-mark is not a breach of their law, it is difficult to understand the advice said to have been tendered by the British Foreign Office (see paragraph first quoted above). Such advice, when it emanates from the Representative of the Japanese Patent Office (see second paragraph quoted) is not difficult of explanation.
As merchants trading with China we cannot see the advantage of registration of our marks in Japan, as under present conditions such registration seems to mean little or no protection. We venture to hope that you will press our ally Japan to join the Convention for the reciprocal protection of trade-marks in China. This appears to us to be, at any rate, a practical suggestion.
We are,
&c.
(For Messrs. Ashton, Hoare, und Co.),
(Signed) J. A. SWANWICK, Director.
|2765 k-1)
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