725
Sir,
2
Inclosure in No. 1.
China Association to Consul-General Sir P. Warren.
Shanghae, February 25, 1908.
As requested, I have the honour to lay before you the views of my Committee on the trade-marks question:
That the laws of Japan on this question appear to have been passed with the object of enabling Japanese subjects to levy blackmail on all foreigners trading with the East, and that no Convention should be concluded with Japan which recognizes the so-called rights of Japanese subjects under the laws now in force in Japan;
That the time is approaching when the question of Japanese piracy in trade should be brought to an issue, and pressure be put upon Japan to amend her laws in conformity with fair dealing.
The suggestion by His Majesty's Commercial Attaché at Tokio that when an English trade-mark has been stolen by a Japanese pirate the remedy is to abandon valuable property to the pirate and start a new mark, is one to which the strongest objection will be taken by every one connected with British trade.
Experience has shown that little or no satisfaction can be obtained from Japanese Courts in trade-mark cases, which is not surprising when laws which virtually incite to dishonesty are amongst their statutes.
It is evident there is nothing to be gained by British subjects going to the expense of registering marks in Japan when Japanese law clearly gives every protection to Japanese who pirate foreign marks, and places every obstacle in the way of those who seek to gain redress.
His Majesty's Ambassador in Japan states in his despatch "that it is to be presumed that any Convention made by Great Britain and Japan for the mutual protection of trade-marks would only afford British trade-marks the protection to which they are entitled in Japan, and consequently only those imitations which can be stopped in Japan could be stopped in China."
My Committee respectfully submit that a Convention on the lines indicated would practically amount to the confiscation of valuable British property for the benefit of Japanese competitors, and they feel that the strongest protest would be made in every important commercial centre connected with Eastern trade against any Agreement of the kind.
As regards Mr. Little's statement, that it seems most unlikely that the Japanese would use imitated marks in Shanghae or the coast ports," we are of opinion that the sanguine estimate of Japanese commercial probity therein expressed would probably not be repeated in the light of later experience; the opinion of my Committee is that if a Convention were made under the present conditions the use in China of Japanese infringements would become a certainty.
His Majesty's Ambassador has not indicated in what sense British trade-marks could be "protected" by a Convention based on the existing law of Japan; it seems to my Committee that the only effect of a Convention on the lines referred to would be to sacrifice an immense amount of valuable property and abandon British legitimate rights in favour of Japanese, who would give nothing in return, in favour of a country with whom Great Britain is officially allied, but whose commercial policy appears to be dictated by a desire to injure vital British interests both in Japan and China, and to bring about a state of commercial war.
I have, &c.
>
(This Document is the Property of His Britannic Majesty's Government.
22339
&
CHINA TRADE.
CONFIDENTIAL.
[16627]
No. 1.
Foreign Office to Board of Trade.
READ
20 JUN 08
[May 30.]
SECTION 1,
Sir,
As you are aware, the China Association were recently supplied, at their request,
Foreign Office, May 30, 1908.
with a copy of the draft Convention with Japan for the protection of trade-marks in China and Corea.
I am directed by Sir E. Grey to inclose, to be laid before the Board of Trade, a copy of a letter setting forth the criticisms of the Association on the terms of the draft.
It is proposed, subject to the concurrence of the Board, to inform the Association as follows:-
The most recent information on the subject of Japanese trade-mark law received from Tokio (vide Sir C. MacDonald's despatches Nos. 92 and 95 of the 15th ultimo, of which copies were forwarded to the Board of Trade on the 15th instant) leads Sir E. Grey to believe that the terms of that law are to be more strictly enforced in the future, and that His Majesty's Ambassador has no doubt that the article in the "Japan Times" of the 3rd ultimo, copy of which would be inclosed, was inspired either by the Japanese Foreign Office or by the Patent Bureau.
Sir E. Grey would propose to continue, for the confidential information of the Association, on the lines of paragraphs 2, 3, 4, 5, and 7 of Inclosure 3 of Sir C. MacDonald's despatch No. 95.
With regard to the last paragraph of the inclosed letter, I am to say that, as the point raised by the Association appears to be of a technical nature, Sir E. Grey would be glad to learn what reply the Board would recommend, and I am at the same time to inquire whether the Board consider that the draft Convention should be proceeded with as amended up to date, or whether they consider any further amendment necessary or advisable.
I am to request an answer at your earliest convenience.
[2967 gg-1]
I am, &c.
(Signed) F. A. CAMPBELL.
* China Association, May 13, 1908 (16627),
(Signed)
F. ANDERSON, Chairman,
725
Sir,
2
Inclosure in No. 1.
China Association to Consul-General Sir P. Warren.
Shanghae, February 25, 1908. AS requested, I have the honour to lay before you the views of my Committee on the trade-marks question:
That the laws of Japan on this question appear to have been passed with the object of enabling Japanese subjects to levy blackmail on all foreigners trading with the East, and that no Convention should be concluded with Japan which recognizes the so-called rights of Japanese subjects under the laws now in force in Japan;
That the time is approaching when the question of Japanese piracy in trade should be brought to an issue, and pressure be put upon Japan to amend her laws in conformity with fair dealing,
The suggestion by His Majesty's Commercial Attaché at Tokio that when an English trade-mark has been stolen by a Japanese pirate the remedy is to abandon valuable property to the pirate and start a new mark, is one to which the strongest objection will be taken by every one connected with British trade.
Experience has shown that little or no satisfaction can be obtained from Japanese Courts in trade-mark cases, which is not surprising when laws which virtually incite to dishonesty are amongst their statutes.
It is evident there is nothing to be gained by British subjects going to the of registering marks in Japan when Japanese law clearly gives every protection to expense Japanese who pirate foreign marks, and places every obstacle in the way of those who seek to gain redress.
His Majesty's Ambassador in Japan states in his despatch "that it is to be presumed that any Convention made by Great Britain and Japan for the mutual protection of trade-marks would only afford British trade-marks the protection to which they are entitled in Japan, and consequently only those imitations which can be stopped in Japan could be stopped in China."
My Committee respectfully submit that a Convention on the lines indicated would practically amount to the confiscation of valuable British property for the benefit of Japanese competitors, and they feel that the strongest protest would be made in every important commercial centre connected with Eastern trade against any Agreement of the kind. As regards Mr. Little's statement, that it seems most unlikely that the Japanese would use imitated marks in Shanghae or the coast ports," we are of opinion that the sanguine estimate of Japanese commercial probity therein expressed would probably not be repeated in the light of later experience; the opinion of my Committee is that if a Convention were made under the present conditions the use in China of Japanese infringements would become a certainty.
His Majesty's Ambassador has not indicated in what sense British trade-marks could be "protected" by a Convention based on the existing law of Japan; it seems to my Committee that the only effect of a Convention on the lines referred to would be to sacrifice an immense amount of valuable property and abandon British legitimate rights in favour of Japanese, who would give nothing in return, in favour of a country with whom Great Britain is officially allied, but whose commercial policy appears to be dictated by a desire to injure vital British interests both in Japan and China, and to bring about a state of commercial war.
I have, &c.
>
([This Document is the Property of His Britannic Majesty's Government.
22339
&
CHINA TRADE.
CONFIDENTIAL.
[16627]
No. 1.
Foreign Office to Board of Trade.
READ
20 JUN 08
[May 80.]
SECTION 1,
Sir,
AS you are aware, the China Association were recently supplied, at their request,
Foreign Office, May 30, 1908. with a copy of the draft Convention with Japan for the protection of trade-marks in China and Corea.
I am directed by Sir E. Grey to inclose, to be laid before the Board of Trade, a copy of a letter setting forth the criticisms of the Association on the terms of the draft,
It is proposed, subject to the concurrence of the Board, to inform the Association as follows:-
The most recent information on the subject of Japanese trade-mark law received from Tokio (vide Sir C. MacDonald's despatches Nos. 92 and 95 of the 15th ultimo, of which copies were forwarded to the Board of Trade on the 15th instant) leads Sir E. Grey to believe that the terms of that law are to be more strictly enforced in the future, and that His Majesty's Ambassador has no doubt that the article in the Japan Times" of the 3rd ultimo, copy of which would be inclosed, was inspired either by the Japanese Foreign Office or by the Patent Bureau.
**
Sir E. Grey would propose to continue, for the confidential information of the Association, on the lines of paragraphs 2, 3, 4, 5, and 7 of Inclosure 3 of Sir C. MacDonald's despatch No. 95.
With regard to the last paragraph of the inclosed letter, I am to say that, as the point raised by the Association appears to be of a technical nature, Sir E. Grey would be glad to learn what reply the Board would recommend, and I am at the same time to inquire whether the Board consider that the draft Convention should be proceeded with as amended up to date, or whether they consider any further amendment necessary or advisable.
I am to request an answer at your earliest convenience.
[2967 gg-1]
I am, &c.
(Signed) F. A. CAMPBELL.
* China Association, May 13, 1908 (16627),
(Signed)
F. ANDERSON, Chairman,
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