revision. Here again I am unable to understand the object of your Highness' Board in laying before the Throne a regulation which China has not the power to enforce.
By the Commercial Treaty of 1902, Article IX, the Chinese Government agreed within one year to revise the existing Mining Regulations with a view to attracting foreign as well as Chinese capital to embark in mining enterprises. Five years have been spent in the production of rules which are contrary to Treaty, hostile to the The issue of such un employment of foreign capital, and entirely unworkable. enactment under Imperial sanction reflects, in my opinion, sinall credit upon those responsible for its preparation, and brings into disrepute the Chinese Government itself by thus disregarding the engagement made in 1902,
I have the honour to request that the criticisms which I have offered may be carefully considered, and that steps may be taken to prevent these Regulations from coming into effect till they have been thoroughly revised in consultation with other Powers.
I avail, tc.
(Signed) J. N. JORDAN.
(This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[1662]
No. 1.
Sir Edward Grey to Sir C. MacDonald,
[January 20.]
SECTION 2.
(No. 4.) (Telegraphic.) P.
Foreign Office, January 20, 1908. PLEASE repeat following to His Majesty's Representatives at Seoul and Peking :- Convention with Japan for mutual protection of trade-marks in China.
See your despatch No. 241 of 1907.
As second paragraph of Article 1 of the draft relating to China would open the door to fraudulent use of marks already having legitimate owners, we consider it to be objectionable.
We prefer that the paragraph in question should be struck out of the draft, as the wording suggested by the Commercial Attaché is also open to objection.
We consider provisions should be inserted with regard to hong marks, and we propose the following wording :-
"A trading style or firm name or hong mark shall be protected in both the countries of the Contracting Parties without necessity of registration, whether they form part of the trade-mark or not."
This should form a new paragraph in the text.
His Majesty's Government do not contemplate conclusion of any separate Agreement with Japan with regard to Corea. The insertion of the words "and Corea" after "China" throughout the text would fully meet requirements of the case.
Both China and Corea are included under the Order in Council of 1907. Early conclusion of Agreement on these lines should be pressed for.
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