CO129-351 - Public Offices - 1908 — Page 628

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for the trade-marks of their subjects, and of making provision for the mutual protection of trading names and hong marks, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries, that is to say:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India,

And His Majesty the Emperor of Japan,

Who, after having communicated to each other their respective full powers found to be in good and due form, have agreed upon and concluded the following Articles :-

ARTICLE 1.

Trade-marks duly registered by the subjects of one High Contracting Party in the appropriate office of the other Contracting Party shall enjoy in all parts of China and Corea the same protection against infringement or misuse by the subjects of such other Contracting Party as in the country of registration.

A trading style or firm name, or hong mark, shall be protected in both the countries of the Contracting Parties without necessity of registration, whether they form part of trade-marks or not.

ARTICLE 2.

In case of infringement or misuse in China or Corea by a subject of one High Contracting Party of any trade-mark, trading style, firm name, or hong mark, entitled to protection as provided in the preceding Article, the aggrieved party shall have in the competent Courts of such Contracting Party the same rights and remedies as the subjects of such Contracting Party, without being compelled to submit to any other or more onerous conditions than such subjects.

ARTICLE 3.

The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tokió 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 the intention to terminate the same.

In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals."

Done in duplicate at Tokio in the English and Japanese languages, this

corresponding to the

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But if, and when, the Convention for mutual protection of trade-marks in China and Corea is signed, the Consular Courts could take action by virtue of the Convention which will supplement the existing Law.

It is to be added that, if the intention for not using marks in Japan is clearly demonstrated at the moment of application for registration, it will be difficult to comply with it, since the prosent Law having effect only in Japan, Article I presupposes the intention of using marks in Japan.

Inclosure 2 in No. 1.

Memorandum of Conversation between Mr. Adachi and Mr. Crowe on April 1, 1908. (Confidential.)

MR. CROWE said that a telegram had been received at the British Embassy from the Foreign Office in London on the subject of the Trade-marks Convention, instructing us to ascertain definitely whether it is possible under the Law now in force to register marks when intended for use in China and Corea, but not necessarily in Japan, and also whether in such cases it would be in the power of the Japanese Consular Courts to take action in case of infringement. Information on this point is therefore requested.

Mr. Adachi said that under the Law now in force trade-marks, even though they are not actually in use in Japan, may be registered by the Patent Bureau, but that even in cases where marks were so registered it was not possible under the present Law for Japanese Consular Courts in China and Corea to take action in cases of infringement.

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