6
ARTICLE V.
The present Convention shall be ratified and the ratifications thereof shall be exchanged at Tôkiô 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 its 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, &c., &c.
Inclosure 4 in No. 1.
United States' Draft of Convention respecting Trade-marks, &c., in Corea.
Articles I, II, and III.
Same in principle as Foreign Office draft.
THE President of the United States of America and His Majesty the Emperor of Japan, acting also in the name and upon the authority of His Majesty the Emperor of Corea, being actuated by a common desire to perfect the mutual protection of American, Japanese, and Corean copyrights, trade-marks, patents, and designs against infringement by American citizens, Japanese subjects, or Corean subjects in the Far East, and having decided to conclude a Treaty for this purpose, have named as their Plenipotentiaries
The President of the United States, Thomas J. O'Brien, Ambassador Extraordinary and Plenipotentiary of the United States of America to Japan; and
His Majesty the Emperor of Japan, the Count Hayashi, &c., &c., His Imperial Majesty's Minister for Foreign Affairs;
who, having reciprocally communicated their full powers, found in good and due form, have agreed upon the following:-
ARTICLE I.
Copyright, trade-mark, patent, and design Regulations similar to those of Japan are to be adopted and enforced in Corea, and these Regulations are to be binding equally upon American citizens and Japanese subjects in Corea and upon Corean subjects.
ARTICLE II.
The Government of the United States engages that in cases of the infringement by American citizens of copyrights, trade-marks, patents, or designs as protected in Corea in pursuance of this Treaty, such citizens shall, in these respects, be under the exclusive jurisdiction of the Courts of the Japanese Residency-General and Residencies in Corea, the extra-territorial jurisdiction of the United States being waived in these particulars.
ARTICLE III.
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Corean subjects shall enjoy in the United States the protection of copyrights, trade-marks, patents, and designs in accordance with the laws of the United States.
ARTICLE IV.
The registration in Japan of copyrights, trade-marks, patents, and designs prior to the signing of this Treaty, or prior to the promulgation of the Regulations for Corea hereinbefore mentioned and the opening of offices for registration in Corea, shall have the same effect in Corea as if originally made in respect to that country and its subjects, as well as Japanese subjects in Corea; and correspondingly, registration in the United States of such rights of Japanese or Corean subjects shall have the same effect in Corea as if originally made in respect to that country and American citizens in Corea.
ARTICLE V.
Article IV.
Under consideration of Foreign Office; must investigate bearing on existing Corean laws.
Foreign Office also makes same reservation as to prior use, noted in China Treaty, Article I.
This section now; not yet submitted to Foreign Office.
Article V
Under consideration by
The "hong" or trade names of citizens or subjects of the High Contracting Parties shall be considered to be trade-marks for the purposes of this Convention.
ARTICLE VI.
The Imperial Japanese Government engages on behalf of Corea that this Treaty shall have in China the same effect upon Corean as upon Japanese subjects.
ARTICLE VII.
It is furthermore mutually agreed between the High Contracting Parties that the provisions of the present Treaty shall be enforced correspondingly and so far as applicable in other countries where the United States and Japan may exercise extraterritorial jurisdiction.
All rights growing out of the present Convention will be respected in the insular or other possessions or leased territories of the High Contracting Parties, and all legal remedies arising from the infringement of such rights will be duly enforced by the competent Courts.
ARTICLE VIII.
The present Treaty shall be ratified and the ratifications thereof shall be exchanged at Tokió as soon as possible. The Treaty shall be in force from the date of the exchange of ratifications.
In faith whereof we, the respective Plenipotentiaries, have signed this Treaty and have hereto affixed our seals.
Done in duplicate at Tokio, in the English and Japanese languages, this day of the year one thousand nine hundred and corresponding to the day of the month of Meiji.
Article VI.
Accepted in principle by Foreign Office.
Article VII. Accepted in principle.
Article VIII.
Foreign Office draft has same provisions as noted in China draft, Article V.
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ARTICLE V.
The present Convention shall be ratified and the ratifications thereof shall be exchanged at Tókið as soon as possible. It shall come into operation at the expira- tion of ten days from the date of the exchange of the See note on Article IV of ratifications, and shall remain in force until the expira- preceding draft (China).
tion of six months from the day on which either Party may give notice of its intention to terminate the same.
In witness whereof the above-mentioned Plenipoten- tiaries have signed the present Convention and affixed thereto their scals.
Done in duplicate at Tôkiô, &c., &c.
Inclosure 4 in No. 1,
United States' Draft of Convention respecting Trade-marks, &c., in Corea.
Articles I, II, and III.
Same in principle as Foreign Office draft.
THE President of the United States of America and His Majesty the Emperor of Japan, acting also in the name and upon the authority of His Majesty the Emperor of Corea, being actuated by a common desire to perfect the mutual protection of American, Japanese, and Corean copyrights, trade-marks, patents, and designs against infringement by American citizens, Japanese subjects, or Corean subjects in the Far East, and having decided to conclude a Treaty for this purpose, have named as their Plenipotentiaries
The President of the United States, Thomas J. O'Brien, Ambassador Extraordinary and Plenipotentiary of the United States of America to Japan; and
His Majesty the Emperor of Japan, the Count Hayashi, &c., &c., His Imperial Majesty's Minister for Foreign Affairs;
who, having reciprocally communicated their full powers, found in good and due form, have agreed upon the following:-
ARTICLE I.
Copyright, trade-mark, patent, and design Regula- tions similar to those of Japan are to be adopted and enforced in Corea, and these Regulations are to be binding equally upon American citizens and Japanese subjects in Corea and upon Corean subjects.
ARTICLE II.
The Government of the United States ongages that in cases of the infringement by American citizens of copyrights, trade-marks, patents, or designs as protected in Corea in pursuance of this Treaty, such citizens shall, in these respects, be under the exclusive jurisdiction of the Courts of the Japanese Residency-General and Residencies in Corea, the extra-territorial jurisdiction of the United States being waived in these particulars.
ARTICLE III.
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Corean subjects shall enjoy in the United States the protection of copyrights, trade-marks, patents, and designs in accordance with the laws of the United States.
ARTICLE IV.
The registration in Japan of copyrights, trade-marks, -patents, and designs prior to the signing of this Treaty, or prior to the promulgation of the Regulations for Corea hereinbefore mentioned and the opening of offices for registration in Corea, shall have the same effect in Corea as if originally made in respect to that country and its subjects, as well as Japanese subjects in Corea; and correspondingly, registration in the United States of such rights of Japanese or Corean subjects shall have the same effect in Corea as if originally made in respect to that country and American citizens in Corea.
ARTICLE V.
Article IV.
Under consideration of Foreign Office; must investigate bearing on existing Corean laws.
Foreign Office also makes same reservation as to prior use, noted in China Treaty, Article I.
This section now; not yet submitted to Foreign Office.
Article V
Under consideration by
The "hong" or trade names of citizens or subjects of the High Contracting Parties shall be considered to Foreign Office. be trade-marks for the purposes of this Convention.
ARTICLE VL
The Imperial Japanese Government engages on behalf of Corea that this Treaty shall have in China the same effect upon Corean as upon Japanese subjects.
ARTICLE VII.
It is furthermore mutually agreed between the High Contracting Parties that the provisions of the present Treaty shall be enforced correspondingly and so far as applicable in other countries where the United States and Japan may exercise extraterritorial jurisdiction.
All rights growing out of the present Convention will be respected in the insular or other possessions or leased territories of the High Contracting Parties, and all legal remedies arising from the infringement of such rights will be daly enforced by the competent Courts.
ARTICLE VIII.
The present Treaty shall be ratified and the ratifica- tions thereof shall be exchanged at Tokió as soon as possible. The Treaty shall be in force from the date of the exchange of ratifications.
In faith whoreof we, the respective Plenipotentiaries, have signed this Treaty and have herenuto affixed our seals.
Done in duplicate at Tokio, in the English and Japanese languages, this
day of
of the year one thousand nine hundred and corresponding to the of the year
day of the
of Meiji.
mouth
Article VI.
Accepted in principle by Foreign Office.
Article VII. Accepted in principle.
Article VIII.
Foreign Office draft has same provisions as noted in China draft, Article V.
475
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