This Document is the Property of His Britannic Majesty's Government.
CO.
267
CHINA TRADE.
CONFIDENTIAL.
(25393)
No. 1.
[July 1, 1908]
13 AUG 08
Sir,
Board of Trade to Foreign Office.-(Received July 21.)
Board of Trade, July 21, 1908. WITH reference to your letter of the 16th June last, in regard to the protection of trade-marks in China and Corea, I am directed by the Board of Trade to state, for the information of Sir E. Grey, that, after giving full consideration to the suggestions made by His Majesty's Minister at Peking, they are of opinion that the proposed draft Convention with Japan requires modification, and they therefore inclose a fresh draft for communication to the Japanese authorities which they are of opinion will more fully carry out the objects aimed at.
The Board would further suggest that it would be of great advantage to obtain from the Japanese Government a declaration similar to that which was obtained by the United States' Government, a copy of which is appended to the draft Convention.
I am to add that the Board think it desirable that, before any Convention is finally agreed upon, specific information should be obtained through His Majesty's Embassy at Tokio as to the precise amount of protection which is afforded by Japanese law in respect of trade names and hong-marks. A Memorandum by the Solicitor to the Board on this last point is inclosed.
I am, &c.
(Signed)
GEO. J. STANLEY.
Inclosure 1 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 to secure in China and Corea reciprocal protection for the trade-marks of their subjects and of making provision for the mutual protection of trade 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,
His Majesty the Emperor of Japan,
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following Articles:--
ARTICLE 1.
Trade-marks duly registered by the subjects of one High Contracting Party in the appropriate office of the other Contracting Party shall enjoy, in all parts of China and Corea, the same protection against infringement or misuse by the subjects of such other Contracting Party as in the country of registration, and consequently, in case of such infringement or misuse, the aggrieved party shall have, in the competent Courts of such other Contracting Party, the same rights and remedies as the subjects of such other Contracting Party, without being compelled to submit to any other or more onerous conditions than such subjects.
ARTICLE 2.
Hong-marks belonging to the subjects of one of the Contracting Parties shall, without it being necessary to register the same in the country of the other Contracting Party, and whether such hong-marks form part of a trade-mark or not, receive in the country of the other Contracting Party the same protection against infringement or
Page 270
Page 271
J
This Document is the Property of His Britannic Majesty's Government.j
CO.
267
CHINA TRADE.
CONFIDENTIAL.
(25393]
No. 1.
[July 1.329531
SECTION
13 AUG 08
Sir,
Board of Trade to Foreign Office.-(Received July 21.)
Board of Trade, July 21, 1908. WITH reference to your letter of the 16th June last, in regard to the protection of trade-marks in China and Corca, I am directed by the Board of Trade to state, for the information of Sir E. Grey, that, after giving full consideration to the suggestions made by His Majesty's Minister at Peking, they are of opinion that the proposed draft Convention with Japan requires modification, and they therefore inclose a fresh draft for communication to the Japanese authorities which they are of opinion will more fully carry out the objects aimed at.
The Board would further suggest that it would be of great advantage to obtain from the Japanese Government a declaration similar to that which was obtained by the United States' Government, a copy of which is appended to the draft Convention.
1 am to add that the Board think it desirable that, before any Convention is finally agreed upon, specific information should be obtained through His Majesty's Embassy at Tokio as to the precise amount of protection which is afforded by Japanese law in respect of trade names and hong-marks. A Memorandum by the Solicitor to the Board on this last point is inclosed.
I am, &c.
(Signed)
GEO. J. STANLEY.
Inclosure.1 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 to secure in China and Corea reciprocal protection for the trade-marks of their subjects and of making provision for the mutual protection of trade 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,
;
His Majesty the Emperor of Japan,
;
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following Articles :--
ARTICLE 1.
Trade-marks duly registered by the subjects of one High Contracting Party in the appropriate office of the other Contracting Party shall enjoy, in all parts of China and Corea, the same protection against infringement or misuse by the subjects of such other Contracting Party as in the country of registration, and consequently, in case of such infringement or misuse, the aggrieved party shall have, in the competent Courts of such other Contracting Party, the same rights and remedies as the subjects of such other Contracting Party, without being compelled to submit to any other or more onerous conditions than such subjects.
ARTICLE 2.
Hong-marks belonging to the subjects of one of the Contracting Parties shall, without it being necessary to register the same in the country of the other Contracting Party, and whether such hong-marks form part of a trade-mark or not, receive in the country of the other Contracting Party the same protection against infringement or
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