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The President of the United States of America and His Majesty the Emperor of Japan, being desirous to secure in Corea due protection for the inventions, designs, trade-marks, and copyrights of their respective citizens and subjects, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say:
The President of the United States of America, Robert Bacon, Acting Secretary of State of the United States; and
His Majesty the Emperor of Japan, Baron Kogoro Takahira, Shosammi, Grand Cordon of the Imperial Order of the Rising Sun, His Ambassador Extraordinary and Plenipotentiary to the United States of America ;
Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles :--
ARTICLE 1.
The Japanese Government shall cause to be enforced in Corea simultaneously with the operation of this Convention, laws and regulations relative to inventions, designs, trade-marks, and copyrights similar to those which now exist in Japan.
These laws and regulations are to be applicable to American citizens in Corea equally as to Japanese and Corean subjects. In case the existing laws and regulations of Japan referred to in the preceding paragraph shall hereafter be modified, those laws and regulations enforced in Corea shall also be modified according to the principle of such new legislation.
ARTICLE 2.
The Government of the United States by America engages that in case of the infringement by American citizens of inventions, designs, trade-marks, or copyrights entitled to protection in Corea, such citizens shall in these respects be under the exclusive jurisdiction of the Japanese Courts in Corea, the extra-territorial jurisdiction of the United States being waived in these particulars.
ARTICLE 3.
Citizens of possessions belonging to the United States shall have in respect to the application of the present Convention the same treatment as citizens of the United States.
ARTICLE 4.
Corean subjects shall enjoy in the United States the same protection as native citizens in regard to inventions, designs, trade-marks, and copyrights upon the fulfilment of the formalities prescribed by the laws and regulations of the United States.
ARTICLE 5.
Inventions, designs, trade-marks, and copyrights duly patented or registered in Japan by citizens of the United States prior to the enforcement of the laws and regulations mentioned in Article 1 hereof shall without further procedure be entitled under the present Convention to the same protection in Corea as is or may hereafter be there accorded to the same industrial and literary properties similarly patented or registered by Japanese or Korean subjects.
Inventions, designs, trade-marks, and copyrights duly patented or registered in the United States by citizens or subjects of either High Contracting Party or by Corean subjects prior to the operation of the present Convention shall similarly be entitled to patent or registration in Corea without the payment of any fees, provided that said inventions, designs, trade-marks, and copyrights are of such a character as to permit of their patent or registration under the laws and regulations above mentioned, and provided further that such patent or registration is effected within a period of one year after this Convention comes into force.
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ARTICLE 6.
The Japanese Government engages to extend to American citizens the same treatment in Corea in the matter of protection of their commercial names as they enjoy in the dominions and possessions of Japan under the Convention for the protection of industrial property signed at Paris, the 20th March, 1883.
"Hong" marks shall be considered to be commercial names for the this Convention.
ARTICLE 7.
purpose of
The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tôkiô as soon as possible. It shall come into force ten days after such exchange of ratifications.
In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals.
Done at the city of Washington the 19th day of May in the nineteen hundred and eighth year of the Christian ora, corresponding to the 19th day of the 5th month of the 41st year of Meiji.
(Signed)
ROBERT BACON. K. TAKAHIRA.
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