6
and unworthy of a powerful body like the China Association. Perhaps I err in over-confidence; nevertheless I would venture to suggest that, given vigilance, perseverance, combination, and absolute freedom from preconceived bias, there is no reason why Japan's designs, if they are as crooked as is generally believed, should not eventually be unmasked. I hope, therefore, that the China Association will not allow the matter to drop, but will persist in its efforts till a satisfactory opinion in one sense or the other is reached. It is scarcely necessary for me to add that I shall be exceedingly grateful for information which the Association may at any time be in a position to afford, and glad to answer to the best of my ability any questions it may wish to put.
I have, &c.
(Signed) HAROLD G. PARLETT.
450
This Document is the Property of His Britannic Majesty's Government.
CHINA TRADE.
CONFIDENTIAL.
[26625]
No. 1.
Foreign Office to China Association.
32382 IREL
4 9 08
[August 5.]
SECTION 2.
Sir,
(Confidential.)
Foreign Office, August 5, 1908.
WITH reference to the letter from this Department of the 30th May last, I am directed by Secretary Sir Edward Grey to inform you that the Board of Trade have been consulted with regard to the observations of the China Association on the terms of the proposed Convention with Japan for the protection of trade-marks in China and Corea, which were contained in your letter of the 13th May.
In reply, I am to inform you that the most recent information which has been received from Tôkiô leads Sir E. Grey to believe that the terms of the Japanese Trade-mark Law are to be more strictly enforced in future, and I am to inclose for your information an extract from the "Japan Times" upon the subject. His Majesty's Ambassador has no doubt that this statement was inspired by the Japanese Foreign Office or Patent Bureau.
I am further to state, for the confidential information of the Association, that His Majesty's Ambassador has heard on good authority that the Japanese Government have in mind an early revision of the Patent Law.
For the present, he reports, it is hoped by administrative measures to correct any of the abuses in connection with the registration of trade-marks. It is the intention of the Bureau to give the widest possible construction to the provisions of Article 11, section 3, and Article 40, section 1, of the present Trade-mark Law, and to refuse to register any trade-marks which are designed to deceive the public or which contain any misrepresentation as to the place of origin.
In the case of trade-marks already registered the same rule will be applied, and if such trade-marks are found to be designed to deceive the public they will be cancelled by the Bureau. An applicant for registration who finds that his mark has been previously registered by another may produce evidence to prove that the registered trade-mark is not a proper one and is of a nature to deceive the public: and if the Bureau, upon examination, finds the claim to be established they will cancel the registered mark no matter how long it may have been registered.
The Patent Bureau, as a matter of principle, is in favour of making no restriction as to the scope of the operation of the proposed Convention; on the contrary, it endeavours to encourage free and fair competition and spares no effort to prevent fraudulent methods. As a matter of fact, however, the alteration of existing conditions without due notice would be an injustice to those of its nationals who might have large stocks of goods on hand. If this difficulty can be overcome, by granting one year or some reasonable time to the interested persons to dispose of their goods or of their trade-marks attached thereon, the Government would be willing to withdraw the proviso as to three years' use.
It is believed that conditions as to the registration of pirated trade-marks in Japan are not as bad as has been represented, and that the administrative measures above mentioned will enable the Bureau to rectify any serious infringements pending more effective future legislation. A recent utterance of the Minister of Agriculture and Commerce shows that the Government is now giving the subject earnest consideration.
With regard to the last paragraph of your letter under reply, I am to inform you that, since the last communication on the subject was made to you, a fresh counter-draft, a copy of which is inclosed for your confidential information, has been drawn up by His Majesty's Government, and has been dispatched to His Majesty's Ambassador at Tokio with instructions to present it to the Japanese Government forthwith. I am to point out that the form of words adapted from the Merchandize Marks Act and added to Article 3 of this counter-draft was intended to some extent to meet the point raised by the Association in this paragraph.
I am, &c.
(Signed) F. A. CAMPBELL.
* Extract from "Japan Times" (in May 11, Section 1).
† Counter-draft Trade-mark Convention.
[1904 e-2]
6
and unworthy of a powerful body like the China Association. Perhaps I err in over. confidence; nevertheless I would venture to suggest that, given vigilance, perseverance, combination, and absolute freedom from preconceived bias, there is no reason why Japan's designs, if they are as crooked as is generally believed, should not eventually be unmasked. I hope, therefore, that the China Association will not allow the matter to 1) to drop, but will persist in its efforts till a satisfactory opinion in one sense or the other is reached. It is scarcely necessary for me to add that I shall be exceedingly grateful for information which the Association may at any time be in a position to afford, and glad to answer to the best of my ability any questions it may wish to put.
I have, &c.
any
(Signed) HAROLD G. PARLETT.
450
This Document is the Property of His Britannic Majesty's Govefnum.9.] 0.
CHINA TRADE.
CONFIDENTIAL.
[26625]
No. 1.
Foreign Office to China Association.
32382 IREL
4 9 08
[August 5.]
SECTION 2.
Sir,
(Confidential.)
Foreign Office, August 5, 1908. WITH reference to the letter from this Department of the 30th May last, I am directed by Secretary Sir Edward Grey to inform you that the Board of Trade have been consulted with regard to the observations of the China Association on the terms of the proposed Convention with Japan for the protection of trade-marks in China and Corea, which were contained in your letter of the 13th May.
In reply, I am to inform you that the most recent information which has been received from Tôkiô leads Sir E. Grey to believe that the terms of the Japanese Trade-mark Law are to be more strictly enforced in future, and I am to inclose for your information an extract from the
upon the subject. Japan Times" Majesty's Ambassador has no doubt that this statement was inspired by the Japanese Foreign Office or Patent Bureau.
<<
His
I am further to state, for the confidential information of the Association, that His Majesty's Ambassador has heard on good authority that the Japanese Government have in mind an early revision of the Patent Law.
For the present, he reports, it is hoped by administrative measures to correct any of the abuses in connection with the registration of trade-marks. It is the intention of the Bureau to give the widest possible construction to the provisions of Article 11, section 3, and Article 40, section 1, of the present Trade-mark Law, and to refuse to register any trade-marks which are designed to deceive the public or which contain any misrepresentation as to the place of origin.
In the case of trade-marks already registered the same rule will be applied, and if such trade-marks are found to be designed to deceive the public they will be cancelled by the Bureau. An applicant for registration who finds that his mark has been previously registered by another may produce evidence to prove that the registered trade-mark is not a proper one and is of a nature to deceive the public: and if the Bureau, upon examination, finds the claim to be established they will cancel the registered mark no matter how long it may have been registered.
The Patent Bureau, as a matter of principle, is in favour of making no restriction as to the scope of the operation of the proposed Convention; on the contrary, it endeavours to encourage free and fair competition and spares no effort to prevent fraudulent methods. As a matter of fact, however, the alteration of existing conditions without due notice would be an injustice to those of its nationals who might have large stocks of goods on hand. If this difficulty can be overcome, by granting one year or some reasonable time to the interested persons to dispose of their goods or of their trade- marks attached thereon, the Government would be willing to withdraw the proviso as to three years' use.
It is believed that conditions as to the registration of pirated trade-marks in Japan are not as bad as has been represented, and that the administrative measures above mentioned will enable the Bureau to rectify any serious infringements pending more effective future legislation. A recent utterance of the Minister of Agriculture and Commerce shows that the Government is now giving the subject earnest consideration,
With regard to the last paragraph of your letter under reply, I am to inform you that, since the last communication on the subject was made to you, a fresh counter- draft, a copy of which is inclosed for your confidential information, has been drawn up by His Majesty's Government, and has been dispatched to His Majesty's Ambassador at Tokio with instructions to present it to the Japanese Government forthwith. I am to point out that the form of words adapted from the Merchandize Marks Act and added to Article 3 of this countor-draft was intended to some extent to meet the point raised by the Association in this paragraph.
am, &c.
(Signed) F. A. CAMPBELL.
* Extract from "Japan Times" (in May 11, Section 1),
† Counter-draft Trade-mark Convention.
[1904 e-2]
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