CO129-351 - Public Offices - 1908 — Page 712

This Document is the Property of His Britannic Majesty's Government.]

705

C. O.

CHINA TRADE,

CONFIDENTIAL.

[18039]

No. 1.

21666

[May 26]

RECS SEOTION 15 JUN 08

Sir J. Jordan to Sir Edward Grey.-(Received May 26.)

(No. 181.) Sir,

Peking, April 28, 1908. I HAVE the honour to transmit to you herewith a copy of a despatch dated the 8th instant, which I have received from His Majesty's Ambassador at Tokió inclosing, under your instructions, a counter-draft of a Convention for the mutual protection of British and Japanese trade-marks in China and Corea, and requesting my observations

thereon.

As the counter-draft, copy of which is also inclosed, does not appear to me or to Sir A. Hosie, whom I have consulted in the matter, to meet the danger to which British trade-marks are exposed by their appropriation and registration in Japan by Japanese subjects as Japanese trade-marks, whose re-registration in China it would be impossible to prevent unless specially provided against, I have to-day telegraphed to Sir Claude MacDonald my opinion that the following addition should be made to paragraph 1 of Article 1: "But registration by the subjects of one High Contracting Party of registered trade-marks already in use in China or Corea of the subjects of the other Contracting Party, or of imitations thereof calculated to deceive, shall not entitle the subjects of such Contracting Party to use such trade-marks or imitations in China or Corea, and any such use shall be deemed an infringement or misuse within the meaning of the Convention," and in view of the fact that British place names are ""should be added frequently affixed to Japanese goods, that the words "or place name after "hong mark" in paragraph 2 of Article 1 and in Article 2, omitting in the latter case the word "or" between "firm name" and "hong mark."

I have, &c. (Signed)

Sir,

Inclosure 1 in No. 1.

Sir C. MacDonald to Sir J. Jordan.

J. N. JORDAN.

Tokió, April 8, 1908.

I HAVE been instructed by telegraph to transmit to you and to Sir A. Hosie, for such observations as may suggest themselves to you, the inclosed counter-draft of a Convention for the mutual protection of British and Japanese trade-marks in China and Corea, which has been prepared in accordance with directions received from the Foreign Office for submission to the Japanese Government.

I have, &c.

(Signed) CLAUDE M. MACDONALD.

Inclosure 2 in No. 1,

Counter-draft of Convention for Reciprocal Protection of Trade-marks in China and Corea.

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, being desirous of securing in China and Corea reciprocal protection 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,

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