This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[33733]
No. 1.
37614
[September 29.] 15 001 08
SECTION 1,
Colonial Office to Foreign Office.-(Received September 29.)
THE Under-Secretary of State for the Colonies presents his compliments to the Under-Secretary of State for Foreign Affairs, and is directed by the Secretary of State to transmit, for the information of Sir Edward Grey, with reference to the letter from the Foreign Department of the 5th ultimo, a copy of a despatch from the Governor of Hong Kong, with inclosure, on the subject of the proposed Trade-mark Convention between Great Britain and Japan.
Downing Street, September 28, 1908.
Inclosure I in No. 1.
Governor Sir F. Lugard to the Earl of Crewe,
(Confidential.) My Lord,
Government House, Hong Kong, August 15, 1908. WITH reference to my Confidential despatch of the 14th of last May, I have the honour to transmit, for your Lordship's information, the inclosed copy of a despatch which I have addressed to His Majesty's Ambassador at Tôkiô on the subject of the proposed Trade-mark Convention between Great Britain and Japan.
I have, &c.
(Signed)
F. D. LUGARD,
Inclosure 2 in No. 1.
Governor Sir F. Lugard to Sir C. MacDonald,
(Confidential.) Sir,
I HAVE the honour to inform your Excellency that the local Committee of the China Association, which represents most of the leading British firms in this Colony, has had under its confidential consideration the proposed Convention between His Majesty's Government and the Japanese Government and the Convention concluded between the United States' Government and the Japanese Government for the mutual protection of each country's registered trade-marks in China and Corea.
Government House, Hong Kong, August 10, 1908.
2. It is the opinion of the Committee that, by signing the proposed Convention, the British Government would be conferring on Japanese subjects a far greater measure of protection than the Japanese Government could afford to British subjects in the present unsatisfactory state of Japanese law in relation to trade-mark registration.
The members of the Committee, therefore, view with concern the idea of concluding the Convention as it stands, or any Convention on these lines, until Japanese law has been altered to bring it more into conformity with British law, and they hope that in the meantime no consent will be given to any rules drawn up by China which would permit of Japanese pirated trade-marks acquiring proprietary rights in China.
3. In this connection I would remind your Excellency of the view expressed by Sir Pelham Warren that the conclusion of a Convention with Japan for the mutual protection of trade-marks in China will not result in preventing the use of imitated marks unless the Japanese law is amended in such a way as to withhold from trade-marks which have been imitated from those of British manufacturer the privileges now accorded by registration in Japan; and I venture to suggest that the Japanese Government should be reminded of the proposals made by Mr. Lowther to Viscount ...
[1944 -1]
1
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[33733]
No. 1.
37614
[September 29.] 15 001 08
SECTION 1,
Colonial Office to Foreign Office.-(Received September 29.)
THE Under-Secretary of State for the Colonies presents his compliments to the Under-Secretary of State for Foreign Affairs, and is directed by the Secretary of State to transmit, for the information of Sir Edward Grey, with reference to the letter from the Foreign Department of the 5th ultimo, a copy of a despatch from the Governor of Hong Kong, with inclosure, on the subject of the proposed Trade-mark Convention between Great Britain and Japan.
Downing Street, September 28, 1908.
Inclosure I in No. 1.
Governor Sir F. Lugard to the Earl of Crewe,
(Confidential.) My Lord,
Government House, Hong Kong, August 15, 1908. WITH reference to my Confidential despatch of the 14th of last May, I have the honour to transmit, for your Lordship's information, the inclosed copy of a despatch which I have addressed to His Majesty's Ambassador at Tôkiô on the subject of the proposed Trade-mark Convention between Great Britain and Japan.
1 have, &c.
(Signed)
F. D. LUGARD,
Inclosure 2 in No. 1.
Governor Sir F. Lugard to Sir C. MacDonald,
(Confidential.) Sir,
I HAVE the honour to inform your Excellency that the local Committee of the China Association, which represents most of the leading British firms in this Colony, has had under its confidential consideration the proposed Convention between His Majesty's Government and the Japanese Government and the Convention concluded between the United States' Government and the Japanese Government for the nutnal protection of each country's registered trade-marks in China and Corea.
Government House, Hong Kong, August 10, 1908.
2. It is the opinion of the Committee that; by signing the proposed Convention, the British Government would be conferring on Japanese subjects a far greater measure of protection than the Japanese Government could afford to British subjects in the present unsatisfactory state of Japanese law in relation to trade-mark registra- tion.
The members of the Committee, therefore, view with concern the idea of concluding the Convention as it stands, or any Convention on these lines, until Japanese law has been altered to bring it more into conformity with British law, and they hope that in the meantime no consent will be given to any rules drawn up by China which would permit of Japanese pirated trade-marks acquiring proprietary rights in China.
3. In this connection I would remind your Excellency of the view expressed by Sir Pelham Warreu that the conclusion of a Convention with Japan for the mutual protection of trade-marks in China will not result in preventing the use of imitated marks unless the Japanese law is amended in such a way as to withhold from trade- marks which have been imitated from those of British manufacturer the privileges now accorded by registration in Japan; and I venture to suggest that the Japanese Government should be reminded of the proposals made by Mr. Lowther to Viscount
[1944 -1]
1
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