AST
C.O.
ment 121
This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE,
CONFIDENTIAL.
[19644]
No. 1.
[June 9.]
IS JUL 08
SECTION 3.
Sir C. MacDonald to Sir Edward Grey.-(Received June 9.)
(No. 115. Confidential.) Sir,
Tokió, May 13, 1908.
WITH reference to my telegrams No. 39 of the 13th May, and No. 30 of the 14th April, I now have the honour to report that my American colleague has informed me confidentially that, owing to pressure brought to bear on the Japanese Ambassador at Washington—and perhaps also to the return to Tôkiô of Mr. Denison, the foreign adviser to the Japanese Government—the Cabinet have finally agreed to include patents, designs and copyright in the Convention.
I have the honour to inclose copies of the draft Conventions, which were communicated to me confidentially by the American Ambassador some days ago. As the decision to include patents, &c., was made since then, the wording will in consequence have to be altered so as to cover these throughout the Convention; these new drafts should therefore be read together with the one which was forwarded by me in my despatch No. 95 of the 15th ultimo.
It will be observed that once more the Conventions with regard to China and Corea have been divided into two separate Agreements, but it is provided that they are to come into force simultaneously.
The words inserted in red ink have formed the subject of discussion since Mr. O'Brien gave me this copy, and have in the main been agreed to, but the proviso with regard to patents submitted by the Japanese is not likely to be accepted without further discussion. The Japanese contention is that they cannot extend protection to inventions or designs publicly known or used in China at the time of the operation of the Convention. The Americans will therefore probably ask that Article 1 shall be made to refer to trade-marks and copyright only, while a new Article would provide that in respect of patents and designs the United States and Japan will accord in China the same treatment to subjects or citizens of the other Contracting Power as they accord to their own nationals.
With regard to hong marks, it will be observed that the American Government have changed their ground considerably. The discussion on this point does not appear to have reached a final stage, but I am given to understand that the Japanese Government maintain that Article 2 of the Convention for the Protection of Industrial Property overrides Article 8, and that protection for commercial or trade names can only be obtained if registration has been effected in accordance with the provisions of Chapter IV of the Commercial Code, which deals with trade names. They say that, as regards China, protection could only be afforded to trade names within the Consular district in China in which they were registered. This appears very unsatisfactory; but, as far as I can ascertain, the Americans prefer, instead of settling the question definitely, to ask merely for the protection accorded by the Paris Convention, leaving it to be decided subsequently whether Article 2 or 8 is to apply.
As this point is one which will no doubt lead to considerable discussion with the Japanese Foreign Office, I would like to obtain, if possible, a statement of the views of His Majesty's Government with regard to the application of Article 2 or Article 8 to the case in point, and as to the exact amount of protection afforded in the United Kingdom to trade names and hong marks. I am informed that the Japanese Foreign Office argue that, as protection is not given in the United States to trade names and hong marks without necessity of registration, the Americans cannot demand that Japan should give this protection.
I have, &c.
(Signed) CLAUDE M. MacDONALD.
[1815 2-3]
*Printed within brackets.
1-
AST
C.O.
ment 121
This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE,
CONFIDENTIAL.
[19644]
No. 1.
[June:9.]
IS JUL 08
SECTION 3.
Sir C. MacDonald to Sir Edward Grey.-(Received June 9.)
(No. 115. Confidential.) Sir,
Tokió, May 13, 1908. WITH reference to my telegrams No. 39 of the 13th May, and No. 30 of the 14th April, I now have the honour to report that my American colleague has informed me confidentially that, owing to pressure brought to bear on the Japanese Ambassador at Washington-and perhaps also to the return to Tôkiô of Mr. Denison, the foreign adviser to the Japanese Government-the Cabinet have finally agreed to include patents, designs and copyright in the Convention.
I have the honour to inclose copies of the draft Conventions, which were com- As the municated to me confidentially by the American Ambassador some days ago. decision to include patents, &e., was made since then, the wording will in consequence have to be altered so as to cover these throughout the Convention; these new drafts should therefore be read together with the one which was forwarded by me in my despatch No. 95 of the 15th ultimo.
It will be observed that once more the Conventions with regard to China and Corea have been divided into two separate Agreements, but it is provided that they are to come into force simultaneously,
The words inserted in red ink have formed the subject of discussion since Mr. O'Brien gave me this copy, and have in the main been agreed to, but the proviso with regard to patents submitted by the Japanese is not likely to be accepted without further discussion. The Japanese contention is that they cannot extend protection to inventions or designs publicly known or used in China at the time of the operation of the Convention. The Americans will therefore probably ask that Article 1 shall be made to refer to trade-marks and copyright only, while a new Article would provide that in respect of patents and designs the United States and Japan will accord in China the same treatment to subjects or citizens of the other Contracting Power as they accord to their own nationals.
With regard to hong marks, it will be observed that the American Govern- ment have changed their ground considerably. The discussion on this point does not appear to have reached a final stage, but I am given to understand that the Japanese Government maintain that Article 2 of the Convention for the Protection of Industrial Property overrides Article 8, and that protection for commercial or trade names can only be obtained if registration has been effected in accordance with the provisions of Consequently, Chapter IV of the Commercial Code, which deals with trade names. they say that, as regards China, protection could only be afforded to trade names within the Consular district in China in which they were registered. This appears very unsatisfactory; but, as far as I can ascertain, the Americans prefer, instead of settling the question definitely, to ask merely for the protection accorded by the Paris Convention, leaving it to be decided subsequently "whether Article 2 or 8 is to apply.
As this point is one which will no doubt lead to considerable discussion with the Japanese Foreign Office, I would like to obtain, if possible, a statement of the views of His Majesty's Government with regard to the application of Article 2 or Article 8 to the case in point, and as to the exact amount of protection afforded in the I am informed that the Japanese United Kingdom to trade names and long marks. Foreign Office argue that, as protection is not given in the United States to trade names and hong marks without necessity of registration, the Americans cannot demand that Japan should give this protection.
I have, &c.
(Signed) CLAUDE M. MacDONALD.
[1815 2-3]
*Printed within brackets.
X
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