[This Document is the Property of His Britannic Majesty's Government.]
537
# CHINA TRADE.
## CONFIDENTIAL.
(10327)
No. 1.
C. O.
[March 26.]
17031
## SECTION 3.
IS MAY 08
Board of Trade to Foreign Office.-(Received March 26.)
Sir,
Board of Trade, March 25, 1908.
ADVERTING to the letter addressed to you from this Department on the 25th February, with reference to the proposed Convention with Japan respecting the mutual protection of trade-marks in China and Corea, I am directed by the Board of Trade to suggest, for Sir E. Grey's consideration, that the attention of His Majesty's Ambassador at Tokio should be directed to the following point affecting the bearing of Japanese Trade-marks Law on the proposed Convention.
It is pointed out in Mr. Crowe's Memorandum, which formed one of the inclosures in your letter of the 6th December last, that, under the law as it stands, Japan could not bind itself to give protection in China or Corea to any British marks save those registered in Japan. The tenour of the Japanese law, as printed in the paper Cd. 104 of 1900, seems to indicate that registration of foreign trade-marks in Japan is dependent upon their use in that country. The fact is not explicitly stated, but it seems to be implied in Article I, which provides that "a person who wishes to have the exclusive use of a trade-mark in order to distinguish his goods may register it under this law.”
There are probably numbers of British marks used in China and Corea, but not in Japan, which the owners thereof would desire to have protected in China and Corea from imitation by Japanese. If, therefore, the effect of the Japanese law be as suggested above, the limitation of the proposed Convention to registered marks becomes a matter for serious consideration, seeing that the Japanese Consular Courts in China and Corea would be unable to afford protection to British owners in cases of fraudulent use by Japanese subjects of marks used in those countries but not in Japan. On the other hand, under the provisions of the Order in Council of the 11th February, 1907, British Consular Courts would be empowered to afford protection to owners of Japanese marks registered in the United Kingdom, whether such marks were actually used here or not.
The Board are consequently disposed to think that Sir C. MacDonald should be instructed to make some inquiry with regard to the scope of the Japanese Trade-marks Law as bearing upon the point in question, particularly in relation to the proposed Convention. They would further suggest that he should be requested to ascertain definitely whether His Majesty's Government may understand that the Government of Japan will be prepared in any case to vest their Consular Courts in China and Corea with power to deal with cases of piracy by Japanese subjects in those countries of British marks registered in Japan with the object of obtaining such protection, and not necessarily with a view to use in Japan, conditionally upon His Majesty's Government according complete reciprocity.
(Signed)
I am, &c.
H. LLEWELLYN SMITH.
[2889 cc-3]
[This Document is the Property of His Britannic Majesty's Government.] 537
CHINA TRADE.
CONFIDENTIAL.
(10327]
No. 1.
C. O.
[March 26.]
17031
SECTION 3.
IS MAY 08
Board of Trade to Foreiga Office.-(Received March 26.)
Sir,
Board of Trade, March 25, 1908. ADVERTING to the letter addressed to you from this Department on the 25th February, with reference to the proposed Convention with Japan respecting the mutual protection of trade-marks in China and Corea, I am directed by the Board of Trade to suggest, for Sir E. Grey's consideration, that the attention of His Majesty's Ambassador at Tokio should be directed to the following point affecting the bearing of Japanese Trade-marks Law on the proposed Convention.
It is pointed out in Mr. Crowe's Memorandum, which formed one of the inclosures in your letter of the 6th December last, that, under the law as it stands, Japan could not bind itself to give protection in China or Corea to any British marks save those registered in Japan. The tenour of the Japanese law, as printed in the paper Cd. 104 of 1900, seems to indicate that registration of foreign trade-marks in Japan is dependent upon their use in that country. The fact is not explicitly stated, but it seems to be implied in Article I, which provides that " a person who wishes to have the exclusive use of a trade-mark in order to distinguish his goods may register it under this law.”
There are probably numbers of British marks used in China and Corea, but not in Japan, which the owners thereof would desire to have protected in China and Corea from imitation by Japanese. If, therefore, the effect of the Japanese law be as suggested above, the limitation of the proposed Convention to registered marks becomes a matter for serious consideration, seeing that the Japanese Consular Courts in China and Corea would be unable to afford protection to British owners in cases of fraudulent use by Japanese subjects of marks used in those countries but not in Japan. On the other hand, under the provisions of the Order in Council of the 11th February, 1907, British Consular Courts would be empowered to afford protection to owners of Japanese marks registered in the United Kingdom, whether such marks were actually used here
or not.
The Board are consequently disposed to think that Sir C. MacDonald should be instructed to make some inquiry with regard to the scope of the Japanese Trade-marks Law as bearing upon the point in question, particularly in relation to the proposed Convention. They would further suggest that he should be requested to ascertain definitely whether His Majesty's Government may understand that the Government of Japan will be prepared in any case to vest their Consular Courts in China and Corea with power to deal with cases of piracy by Japanese subjects in those countries of British marks registered in Japan with the object of obtaining such protection, and not necessarily with a view to use in Japan, conditionally upon His Majesty's Government according complete reciprocity.
(Signed)
I am, &c.
H. LLEWELLYN SMITH.
[2889 cc-3]
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