CO129-351 - Public Offices - 1908 — Page 832

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

CHINA TRADE.

CONFIDENTIAL.

(19651]

No. 1.

825

23755

[June 9.]

SECTION 4.

JUL 08

(No. 122.) Sir,

Sir C. MacDonald to Sir Edward Grey.-(Received June 9.)

Tokió, May 14, 1908. ON receipt of your despatch No. 257 of the 26th November, 1907, I addressed a note to the Minister for Foreign Affairs, copy of which I have the honour to transmit herewith, calling his Excellency's attention to the apparent deficiencies of the law in Japan for the protection of industrial property and to the desirability of remedying the existing defects by fresh legislation.

I now have the honour to transmit a translation of the reply of the Japanese Government to my note. It will be observed that they do not see their way to placing restriction on the use of Roman characters on articles made in Japan. The question of introducing fresh legislation to give more adequate effect to the provisions of the Brussels Convention for the Protection of Industrial Property is now under consideration,

I have, &c.

(Signed)

CLAUDE M. MACDONALD.

M. le Ministre,

Inclosure 1 in No. 1.

Sir C. MacDonald to Count Hayashi.

Tókić, January 16, 1908, IIIS Majesty's Government have been informed that in many cases goods manufactured in Japan are put up in such a way that an ordinary Japanese unacquainted with Roman letters could not but be deceived into believing them to be of British or foreign manufacture, while in other cases British trade-marks which are not registered in Japan are actually imitated and used on goods of Japanese manufac- ture, with intent to mislead possible purchasers.

As there do not seem to be any laws in existence designed to prevent this wide- spread system of false marking, and as it appears doubtful to His Majesty's Govern- ment whether effect has been given by the existing legislation in Japan to the stipulations with regard to false indications of origin contained in the International Convention for the Protection of Industrial Property, 1883, as amended at Brussels in 1900, to which Japan is a party, I have been instructed by His Majesty's Principal Secretary of State for Foreign Affairs to bring to your Excellency's notice the desirability of introducing legislation designed to prevent the importation and sale of goods bearing false indications of their origin.

I take, &c. (Signed)

CLAUDE M. MacDONALD.

(Translation.) Sir,

Inclosure 2 in No. 1.

Count Hayashi to Sir C. MacDonald.

Tokió, May 5, 1908. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 16th January last, expressing the hope that, as in many cases goods manufactured in Japan are placed upon the market put up in such a way that, owing to the use of Roman letters, an ordinary Japanese would be deceived into believing them to be of foreign manufacture, while in other cases British trade-marks which are not registered in Japan are imitated and used on goods of Japanese manufacture with intent to deceive possible purchasers, the Japanese Government would take steps to give effect

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