CO129-351 - Public Offices - 1908 — Page 625

C. 0.

20001

[This Document is the Froperty of His Britannic Majesty's Goverment.]

CHINA TRADE.

CONFIDENTIAL.

[15144]

(No. 203.) Sir,

No. 1,

P 1 JUN 08

618

[May 4.]

SECTION 1.

Sir F. Lascelles to Sir Edward Grey,-(Received May 4.)

Berlin, May 1, 1908.

I HAVE the honour to transmit herewith copy of a note which I have addressed to Herr von Schön on the subject of the altered terms of the Order in Council relating to the protection of trade-marks in China and Corea, in accordance with the instructions contained in your despatch No. 119 of the 29th ultimo.

I have, &c.

(Signed) FRANK C. LASCELLES.

Inclosure in No. 1.

Sir F. Lascelles to Herr von Schön,

Your Excellency,

Berlin, May 1, 1908. AS your Excellency is aware, Count Metternich was informed on the 23rd March, 1906, of the provisions of the Order in Council of 1899, respecting the protection of trade-marks in China and Corea, by which the consent of His Majesty's Minister at Peking had to be obtained before a foreign subject could bring an action in the British Consular Court against a British subject for pirating a trade-mark which was the property of the plaintiff; his Excellency was also told that it was not open to doubt that the consent of His Majesty's Minister would be granted to German subjects in every case where reciprocity was granted by Germany. Count Metternich replied on the 25th March, 1906, that the German Consuls in China would be instructed to take proceedings against the infringement by German subjects of British marks in China, provided such were duly registered in Germany. Sir E. Satow was then instructed on similar lines and Count Metternich informed.

I have now the honour, under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, to inform your Excellency that by the terms of a new Order in Council of the 11th February, 1907, the consent of the British Minister to proceedings against a British subject in the British Consular Courts is no longer required. The only condition precedent to proceedings being taken is now either (a) that an arrangement should be in force between His Majesty's Government and the Government of the State or Power to which the prosecutor or plaintiff belongs, or (b) that the Court should be satisfied that effectual provision exists for the protection in Consular or other Courts in China or Corea of the rights and interests of British subjects in copyrights, trade-marks, patents or designs, infringed by the nationals of such a State or Power.

I avail, &c.

(Signed)

FRANK C. LASCELLES,

[2967 d-1]

,,,,,