[This Document is the Property of His Britannic Majesty's Government.]
200
C. O.
CHINA TRADE.
CONFIDENTIAL.
[1525]
No. 1.
[April 29.]
SECTION
21666
15 JUN 08)
Sir Edward Grey to Sir A. Nicholson.*
(No. 119.) Sir,
Foreign Office, April 29, 1908. WITH reference to Lord Lansdowne's despatch No. 48 of the 23rd January, 1906, and subsequent correspondence, I transmit to your Excellency copies of two Memoranda summarizing what has passed in regard to the mutual protection of British and other foreign trade-marks in China and Corea by the Powers interested.†
As you are aware, under the British law existing until 1907 in China, 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 which was the property of the plaintiff.
By Articles 3 and 4 of the Order in Council of 1907, the text of which will be found annexed to the second Memorandum, this consent is no longer requisite. The only condition precedent to proceedings being taken is 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 shall be glad if you will bring the altered terms of the Order in Council to the notice of the Government to which you are accredited, with special reference to the Agreements at present existing between them and His Majesty's Government.
I am, &c.
(Signed)
E. GREY.
* Also to Sir F. Bertie (No. 181), Sir F. Lascelles (No. 119), Sir E. Egerton (No. 45), Mr. Bryce (No. 107), Sir F. Villiers (No. 126), Sir A. Hardinge (No. 37), Sir H. Howard (No. 32), and Sir A. Johnston (No. 34), mutatis mutandis.
† Confidential papers Nos. 8805 and 9104.
[2918 -1]
[This Document is the Property of His Britannic Majesty's Government.]
200
C. O.
CHINA TRADE.
CONFIDENTIAL.
[1525]
No. 1.
[April 29.]
SECTION
21666
15 JUN 08)
Sir Edward Grey to Sir A. Nicholson.*
(No. 119.) Sir,
Foreign Office, April 29, 1908. WITH reference to Lord Lansdowne's despatch No. 48 of the 23rd January, 1906, and subsequent correspondence, I transmit to your Excellency copies of two Memoranda summarizing what has passed in regard to the mutual protection of British and other foreign trade-marks in China and Corea by the Powers interested.†
As you are aware, under the British law existing until 1907 in China, 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 which was the property of the plaintiff.
By Articles 3 and 4 of the Order in Council of 1907, the text of which will be found annexed to the second Memorandum, this consent is no longer requisite. The only condition precedent to proceedings being taken is 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 shall be glad if you will bring the altered terms of the Order in Council to the notice of the Government to which you are accredited, with special reference to the Agreements at present existing between them and His Majesty's Government.
I am, &c.
(Signed)
E. GREY.
* Also to Sir F. Bertie (No. 181), Sir F. Lascelles (No. 119), Sir E. Egerton (No. 45), Mr. Bryce (No. 107), Sir F. Villiers (No. 126), Sir A. Hardinge (No. 37), Sir H. Howard (No. 32), and Sir A. Johnston (No. 34), mutatis mutundis.
↑ Confidential papers Nos. 8805 and 9104.
[2918 -1]
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