Inclosure 6 in No. 1,
10
# MEMORANDUM showing the Principal Differences between-
1. The Japanese Foreign Office Draft Convention, relating to Mutual Protection of British and Japanese Trade-Marks in China; and
2. The Japanese Foreign Office Draft Convention, relating to Mutual Protection of American and Japanese Copyrights, Patents, Designs, and Trade-Marks in China; and
3. The United States' Department of State Draft Treaty, relating to the same subject.
## Japanese Foreign Office Draft of Anglo-Japanese Convention.
Preamble relates to reciprocal protection for trade-marks of the subjects of the High Contracting Parties in China.
Article 1.-Trade-marks, duly registered in appropriate office of other High Contracting Party, to enjoy protection against infringement by subjects of such other Contracting Party,
But marks which have been actually in use in China for at least three years prior to operation of this Convention not to be prohibited.
(Does not appear.)
Article II-Same in wording as Article II of Japanese draft and Article III of United States' draft as regards trade-marks.
(Does not appear.)
(A.)-CHINA.
## Japanese Foreign Office Draft of United States of America-Japanese Convention.
Preamble relates to reciprocal protection for inventions, designs, trade-marks, and copyrights of subjects and citizens of the High Contracting Parties in China.
Article I-Trade-marks duly registered in appropriate office of other High Contracting Parties to enjoy protection against infringement by subjects or citizens of such other Contracting Party, provided that such protection shall not extend to any trade-mark actually used by another person for at least three years prior to the operation of the present Convention.
N.B. Use in China does not occur with regard to trade-marks, but may be inferred from the sense of the rest of the Article which refers to inventions, designs, and copyrights.
(Does not appear.)
Article II--Same wording, with addition as to inventions, designs, and copyrights.
Article III-Relates to copyrights and rights of translation.
## United States' Department Draft of United States of America-Japanese Treaty.
Preamble relates to reciprocal protection for patents, designs, trade-marks, and copyrights of American citizens, Japanese subjects, and Corean subjects in the Far East.
Article I.-Trade-marks registered in appropriate office of other High Contracting Parties to enjoy same protection against infringement as in country of registration. (Same applies also to patents, designs, and copyrights.)
(No proviso.)
Article II.-Hong Kong or trade names to be considered trade-marks for purposes of this Convention.
Article III-Same in principle as Japanese Article II, but refers to "extraterritorial" Courts in China and the competent Courts of such Contracting Party.
(Does not appear.)
(Does not appear.)
Article III-Ratifications to be exchanged at Tokio as soon as possible. Convention to come into operation ten days after exchange of ratifications, and to remain in force until six months after either Party may have given notice of intention to terminate.
(Does not appear.)
Article IV-Applies provisions of this Treaty to other countries where United States of America and Japan exercise extraterritorial jurisdiction.
Article IV.--Same as Anglo-Japanese Article III.
Article V.--The Treaty shall be in force from the date of exchange of ratifications. (No provision for termination.)
Inclosure 7 in No. 1.
MEMORANDUM showing the Principal Differences between-
477
11
## Preamble.
1. The Japanese Foreign Office Draft Convention, relating to Protection of British Trade-Marks in Corea and Corean Trade-Marks in Great Britain; and
2. The Japanese Foreign Office Draft Convention, relating to Mutual Protection of American, Japanese, and Corean Copyrights, Patents, Designs, and Trade-Marks in Corea; and
3. The United States' Department of State Draft Treaty, relating to the same subject.
## Japanese Foreign Office Draft of Anglo-Japanese Convention.
Government of Great Britain and Government of Japan conclude Convention for the protection of trade-marks in Corea.
(B.)-COREA.
## Japanese Foreign Office Draft of United States of America-Japanese Convention.
Preamble same as Anglo-Japanese preamble with addition of inventions, designs, and copyrights.
## United States' Department Draft of United States of America-Japanese Treaty.
Preamble is the same as preamble in Department draft with regard to China, with addition of "acting also in the name and upon the authority of His Majesty the Emperor of Corea," the President of the United States and the Emperor of Japan conclude a Treaty for mutual protection of American, Japanese, and Corean inventions, designs, trade-marks, and copyrights in the Far East.
Page 480
Page 481
Inclosure 6 in No. 1,
10
MEMORANDUM showing the Principal Differences between-
1. The Japanese Foreign Office Draft Convention, relating to Mutual Protection of British and Japanese Trade-Marks in China; and 2. The Japanese Foreign Office Draft Convention, relating to Mutual Protection of American and Japanese Copyrights, Patents, Designs,
and Trade-Marks in China; and
3. The United States' Department of State Draft Treaty, relating to the same subject.
Japanese Foreign Office Draft of Anglo-Japanese Convention.
Preamble relates to reciprocal protection for trade-marks of the subjects of the High Contracting Parties in China.
Article 1.-Trade-marks, duly registered in appropriate office of other High Contracting Party, to enjoy protection against infringement by subjects of such other Contracting Party,
But marks which have been actually in use in China for at least three years prior to operation of this Con- vention not to be prohibited.
(Does not appear.)
Article II-Same in wording as Article II of Japanese draft and Article III of United States' draft as regards trade-marks.
(Does not appear.)
(A.)-CHINA.
Japanese Foreign Office Draft of United States of America-Japanese Convention.
Preamble relates to reciprocal protection for inventions, designs, trade-marks, and copyrights of subjects and citizens of the High Contracting Parties in China.
Article L-Trade-marks duly registered in appropriate office of other High Contracting Parties to enjoy pro- tection against infringement by subjects or citizens of such other Contracting Party, provided that such pro- tection shall not extend to any trade-mark actually used by another person for at least three years prior to the operation of the present Convention.
N.B. Use in Chius" does not occur with regard to trade-marks, but may be inferred from the sense of the rest of the Article which refers to inventions, designs, and copyrights.
(Does not appear.)
Article II--Same wording, with addition as to inven- tions, designs, and copyrights.
Article III-Relates to copyrights and rights of translation.
United States' Department Draft of United States of America-Japanese Treaty.
Preamble relates to reciprocal protection for patents, designs, trade-marks, and copyrights of American citizens, Japanese subjects, and Corean subjects in the Far East.
Article I.-Trade-marks registered in appropriate office of other High Contracting Parties to enjoy same pro- tection against infringement as in country of registration. (Same applies also to patents, designs, and copyrights.)
(No proviso.)
Article II.- Hong'
1J or trade names to be considered trade-marks for purposes of this Convention.
Article III-Same in principle as Japanese Article II, but refers to "extraterritorial" Courts in China and the competent Courts of such Contracting Party.
(Does not appear.)
(Does not appear.)
Article III-Ratifications to be exchanged at Tokió as soon as possible. Convention to come into operation ten days after exchange of ratifications, and to remain in force until six months after either Party may have given notice of intention to terminate.
(Does not appear.)
Article IV-Applies provisions of this Treaty to other countries where United States of America and Japan exercise extraterritorial jurisdiction.
Article IV.--Same as Anglo-Japanese Article III.
Article V.--The Treaty shall be in force from the date of exchange of ratifications. (No provision for termina- tion.)
Inclosure 7 in No. 1.
MEMORANDUM showing the Principal Differences between-
477
11
Preamble.
1. The Japanese Foreign Office Draft Convention, relating to Protection of British Trade-Marks in Corea and Corean Trade-Marks
in Great Britain; and
2. The Japanese Foreign Office Draft Convention, relating to Mutual Protection of American, Japanese, and Corean Copyrights, Patents,
Designs, and Trade-Marks in Corea; and
3. The United States' Department of State Draft Treaty, relating to the same subject.
Japanese Foreign Cilice Ihaft of Anglo-Japanese Convention.
Government of Great Britain and Govern- ment of Japan conclude Convention for lue protection of trade-marks in Corea.
(B.)-COREA.
Japanese Foreign Office Draft of United States of America-Japanese Convention.
"Preanible same as Anglo-Japanese preamble with
addition of inventions, designs, and copyrights.
United States' Department Draft of United States of America-Japanese Treaty.
Preamble is the same as preamble in Department draft with regard to China, with addition of "acting also in the name and upon the authority of His Majesty the Emperor of Corea," .., the President of the United States and the Emperor of Japan conclude a Treaty for mutual protection of American, Japanese, and Corean inventions, designs, trade-marks, and copy- rights in the Far East.
Page 480Page 481
No comments yet.
Private notes are available after approval.