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as absolutely independent of 'o one another, and that, if the Corean proposals are to be approved by His Majesty's Government, a quid pro quo should be obtained of a much more substantial nature than the satisfaction of demands which cannot be refused without flagrant injustice to British traders.
A copy of this despatch and its inclosures has been forwarded to His Majesty's Minister at Peking, and a copy of that part of it dealing with Corea to His Majesty's Consul-General at Seoul.
(Translation.)
M. l'Ambassadeur,
I have, &c.
(Signed)
Inclosure 1 in No. 1.
CLAUDE M. MacDONALD.
Count Hayashi to Sir C. MacDonald.
Department of Foreign Affairs, Tókið, October 26, 1907.
I HAD the honour to duly receive your Excellency's note, under date of the 2nd August last, in which, referring to Count Komura's note of July 1905, wherein he expresses the agreement of the Imperial Government with His Britannic Majesty's Government in considering the reciprocal protection of Japanese and British trade- marks in China to be necessary, you inform me to the effect that a provision contained in the Order in Council of 1899, requiring the consent of the British Minister to China in the case of each separate prosecntion in a British Court there, to which provision Count Komura had taken exception, having been eliminated in consequence of the recent revision of that Order, you are instructed by your Government to approach the Imperial Government with a view to conclude a Convention relative to the subject, and you therefore inquire whether the Imperial Government are willing to lay the draft of such a Convention before your Government.
In regard to the conclusion of the above Convention, two drafts relating to China and Corea respectively have been, as a result of the consultation held with the Minister concerned, drawn up, which I have now the honour to herewith forward to your Excellency as draft Conventions of the Imperial Government, in order that they may reccive due consideration on the part of His Britannic Majesty's Government.
In forwarding my Government's drafts, I beg leave to draw the attention of the British Government to the fact that the delay in the Chinese Trade-mark Regulations being put in force has an important bearing on the matter. Since the object which the proposed Convention has in view is to prevent only nationals of either of the High Contracting Parties from infringing trade-marks beld by nationals of the other party in China, those trade-marks belonging to nationals of the two countries appear to remain still open to infringement by Chinese subjects. Even after such Convention has been concluded between the Japanese and British Governments, there will be room enough for subjects of the two countries to infringe the legitimate interests of others, if they make use of the names of Chinese subjects instead of their own. This cannot be avoided so long as the Trade-mark Regulations are not put in force by the Chinese Government, and the new Convention cannot help losing a great part of its effective operation.
Under these circumstances it becomes an imperative necessity to cause the Chinese Government to enforce the Trade-mark Regulations, as they are bound to by Treaty, in connection with putting the present Convention in operation. If your Government take notice of the above point, as I hope they will, it would be highly desirable, now that the Chinese Government having revised the former Trade-mark Regulations are about to put the new ones in force, in case the Powers are favourably disposed towards the same, that without letting slip this good opportunity, your Government would instruct their Representative in Peking to keep step with the Japanese Minister there in using his best influence with the Chinese Government in order that the Regulations may speedily be put in force.
I avail, &c. (Signed) TADASU HAYASHI, Count,
Minister for Foreign Affairs.
Inclosure 2 in No. 1.
Draft Convention respecting Mutual Protection of Trade-marks in China.
HIS Majesty the Emperor of Japan and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the seas, Emperor of India, being desirous to secure in China reciprocal protection for the trade- marks of their subjects have resolved to conclude a Convention for that purpose and have appointed as their Plenipotentiaries, that is to say:
His Majesty the Emperor of Japan,
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the seas, Emperor of India,
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following Articles :-
ARTICLE I.
Trade-marks duly registered by the subjects of one High Contracting Party in the appropriate office of the other Contracting Party, shall enjoy, in all parts of China, the same protection against infringement or misuse by the subjects of such other Contracting Party, as in the country of registration.
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.
ARTICLE II.
In case of infringement or misuse in China, by a subject of oue High Contracting Party, of any trade-mark, trading style, or firm name and "Hong" entitled to protection as provided in the preceding Article, the aggrieved party shall have, in the competent Courts of such Contracting Party, the same rights and remedies as the subjects of such Contracting Party, without being compelled to submit to any other or more onerous conditions than such subjects.
ARTICLE III.
The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tokió as soon as possible. It shall come into operation at the expiration of ten days from the date of the exchange of the ratifications and shall remain in force until the expiration of six months from the day on which either Party may give notice of the intention to terminate the same.
In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention and affixed thereto their seals.
Done in duplicate at Tôkiô, in the Japanese and English languages, this
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