This Document is the Property of His Britannic Majesty's Government.]
701
C. O.
[April 29.] 21666
CHINA TRADE.
CONFIDENTIAL.
[1525]
No. 1.
SECTION 2.
REL
15 JUN 08)
(No. 46.) Sir,
Sir Edward Grey to Sir M. de Bunsen.*
Foreign Office, April 29, 1908.
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 between His Majesty's Government and the Powers interested.†
I have to invite your Excellency's attention to Sir A. Nicolson's despatch No. 80 of the 30th April, 1905, on the subject, and to request that you will make inquiries of the Government to which you are accredited, with a view to the conclusion of an Agreement on this question, a matter to which His Majesty's Government attach much importance.
Your attention, meanwhile, is invited to a new feature in the situation. As you are aware, under the British Order in Council in force 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 that country 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 inclosed), 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) the Court should be satisfied that effectual provision exists for the protection in Consular or other Courts in China or Corea of such other Power of the rights and interest of British subjects in copyrights, trade-marks, patents, or designs infringed by the nationals of such 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 which it is proposed should be concluded between them and His Majesty's Government.
I am, &c.
(Signed) E. GREY.
* Also to Sir E. Goschen (No. 50), Sir R. Rodd (No. 46), and Sir A. Herbert (No. 32), mutatis mutandis.
† Confidential papers Nos. 8805 and 9104.
[2918 ƒ-2]
This Document is the Property of His Britannic Majesty's Government.]
701
C. O.
[April 29.] 21666
CHINA TRADE.
CONFIDENTIAL.
[1525]
No. 1.
SECTION 2.
REL
15 JUN 08)
(No. 46.) Sir,
Sir Edward Grey to Sir M. de Bunsen.*
Foreign Office, April 29, 1908. 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 between His Majesty's Government and the Powers interested.†
I have to invite your Excellency's attention to Sir A. Nicolson's despatch No. 80 of the 30th April, 1905, on the subject, and to request that you will make inquiries of the Government to which you are accredited, with a view to the conclusion of an Agreement on this question, a matter to which His Majesty's Government attach much importance.
Your attention, meanwhile, is invited to a new feature in the situation. As you are aware, under the British Order in Council in force 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 that country 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 inclosed), 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 Govern- ment of the State or Power to which the prosecutor or plaintiff belongs, or (b) the Court should be satisfied that effectual provision exists for the protection in Consular or other Courts in China or Corea of such other Power of the rights and interest of British subjects in copyrights, trade-marks, patents, or designs infringed by the nationals of such 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 which it is proposed should be concluded between them and His Majesty's Government.
I
am, &c. (Signed) E. GREY.
* Also to Sir E. Goschen (No. 50), Sir R. Rodd (No. 46), and Sir A. Herbert (No. 32), mutatis mutanlis. † Confidential papers Nos. 8805 and 9104. [2918 ƒ-2]
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