CO129-351 - Public Offices - 1908 — Page 626

C 0.

[This Document is the Property of His Britannic Majesty's Government 0001

CHINA TRADE.

CONFIDENTIAL.

[15386]

No. 1.

W! JUN 08

[May 5.]

613

SECTION 3.

Sir F. Bertie to Sir Edward Grey.-(Received May 5.)

(No. 179.) Sir,

Paris, May 4, 1908. I HAVE the honour to transmit to you herewith copy of a note I have this day addressed to the Minister for Foreign Affairs in the sense of your despatch No. 181 of the 29th ultimo, instructing me to bring to the notice of the French Government the altered terms of the Order in Council respecting proceedings in connection with the usurpation of trade-marks in China.

I have, &c.

(Signed) FRANCIS BERTIE,

Inclosure in No. 1.

Sir F. Bertie to M. Pichon.

M. le Ministre,

Paris, May 4, 1908. WITH reference to the Agreements at present existing between the Government of the Republic and His Majesty's Government for the mutual protection of trade- marks in China and Corea, your Excellency may be aware that under the British law existing until 1907 the consent of His Majesty's Minister at Peking was necessary before a foreigner could institute proceedings against a British subject in the British Courts in China for pirating a trade-mark the property of the plaintiff.

I am instructed by Sir E. Grey to bring to your Excellency's notice the fact that by Articles 3 and 4 of the Order in Council of 1907 this consent is no longer requisite. The only condition precedent to proceedings being taken is either (a) that an arrangement shall be in force between His Majesty's Government and the Govern- ment of the State to which the prosecutor or plaintiff belongs, or (b) that the Court shall be satified that effectual provision exists for the protection in Consular or other Courts in China or Corea of the rights or interests of British subjects in copyrights, trade-marks, patents or designs infringed by the nationals of such a State or Power.

I have, &c. (Signed) FRANCIS BERTIE,

[2967 e-3]