(No.
of 19 .)
THE British
4
Inclosure 2 in No. 1.
Forms of Certificates.
(1)
(Royal Arms.)
Inland Navigation Pass.
His Britannic Majesty's Consulate-General,
19 Shanghae, have applied for an Inland Navigation Pass for the British vessel, the
of tons burthen, to enable her to proceed up to inland traffic for purposes of trade, and have deposited her Certificate of Registry at this Consulate-General.
I have therefore to request that you will issue a pass for her, in accordance with Article 2 of the Provisional Regulations for British trade between Shanghae, Hangehow, and Soochow,
Q
18
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[31936]
[September 14.]
SECTION 1.
C.O.
37614
No. 1.
Rrc2 R. 15 OCT 08
(No. 378.) Sir,
Sir J. Jordan to Sir Edward Grey.-(Received September 14.)
Peking, August 22, 1909. WITH reference to your despatch No. 311 of the 4th July last, and in view of the misapprehension that seems to prevail regarding the present position of the trade-marks question in China, I have the honour to transmit to you herewith a Memorandum on the subject by Sir Alexander Hosie, Acting Commercial Attaché to this Legation, which has been drawn up in consultation with myself, and which embodies generally the views which I have formed on this intricate question.
I have, &c. (Signed)
J. N. JORDAN.
To the Commissioner of Customs,
Shanghae.
(2.)
I have, &c.
(Signed)
His Britannic Majesty's
Vice-Consul.
Certificate of British Ownership for Steam Launches, not otherwise registered, plying within the Limits of the Port of Shanghae.
Name of vessel,
Length,
Breadth,
Depth,
Stern,
Framework,
Distinguishing marks (if any),
After due inquiry into the ownership of the above steam-launch, I certify upon the evidence adduced before me that she is bona fide owned by the British
Given at Shanghae this
day of (Signed)
0
19
;
Consul-General.
Inclosure in No. 1.
Memorandum by Sir A. Hosie on the Present Position of the Trade-marks Question in China,
ARTICLE 7 of the Treaty between Great Britain and China, which was signed at Shanghae on the 5th September, 1902, says :
"Inasmuch as the British Government afford protection to Chinese trade-marks against infringement, imitation, or colourable imitation by British subjects, the Chinese Government undertake to afford protection to British trade-marks against infringement, imitation, or colourable imitation by Chinese subjects.
"The Chinese Government further undertake that the Superintendents of Northern and of Southern trade shall establish offices within their respective jurisdictions under control of the Imperial Maritime Customs, where foreign trade-marks may be registered on payment of a reasonable fee."
This was an undertaking by the Chinese Government to protect British trade-marks against infringement by Chinese subjects, and to establish offices under the control of the Imperial Maritime Customs for the registration of foreign trade-marks, This question of the protection of trade-marks was afterwards elaborated in Articles 5 and 9 respectively of the Japanese and American Treaties with China, which were both signed at Shanghae on the 8th October, 1903. The former runs :
"The Chinese Government agree to make and faithfully enforce such Regulations as are necessary for preventing Chinese subjects from infringing registered trade-marks held by Japanese subjects.
"The Chinese Government likewise agree to make such Regulations as necessary for affording protection to registered copyrights held by Japanese subjects in the books, pamphlets, maps, and charts written in the Chinese language, and specially prepared for the use of Chinese people.
"It is further agreed that the Chinese Government shall establish registration offices where foreign trade-marks and copyrights, upon application for the protection of the Chinese Government, shall be registered in accordance with the provisions of the regulations to be hereafter framed by the Chinese Government for the purpose of protecting trade-marks and copyrights.
"It is understood that Chinese trade-marks and copyrights properly registered according to the provisions of the Laws and Regulations of Japan will receive similar protection against infringement in Japan.
"This Article shall not be held to protect against due process of law any Japanese or Chinese subjects who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.”
[1944 0-
0-1]
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(To be continued on next page)
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(End of Page)
(To be continued)
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(No.
of 19 .)
THE British
4
Inclosure 2 in No. 1.
Forms of Certificates.
(1)
(Royal Arms.)
Inland Navigation Pass.
•
His Britannic Majesty's Consulate-General,
19 Shanghue, have applied for an Inland Navigation tons burthen, to enable her to proceed up to inland traffic for purposes of trade, and have deposited her Certificate of Registry at this Consulate-General.
Pass for the British vessel, the
of
I have therefore to request that you will issue a pass for her, in accordance with Article 2 of the Provisional Regulations for British trade between Shanghae, Hangehow, and Soochow,
Q
18
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[31936]
[September 14.]
SECTION 1.
C.O.
37614
No. 1.
Rrc2 R. 15 OCT 08
(No. 378.) Sir,
Sir J. Jordan to Sir Edward Grey.-(Received September 14.)
Peking, August 22, 1909. WITH reference to your despatch No. 311 of the 4th July last, and in view of the misapprehension that seems to prevail regarding the present position of the trade-marks question in China, I have the honour to transmit to you herewith a Memorandum on the subject by Sir Alexander Hosie, Acting Commercial Attaché to this Legation, which bas been drawn up in consultation with myself, and which embodies generally the views which I have formed on this intricate question.
I have, &c. (Signed)
J. N. JORDAN.
To the Commissioner of Customs,
Shanghae.
(2.)
I have, &c.
(Signed)
His Britannic Majesty's
Vice-Consul.
Certificate of British Ownership for Steam Launches, not otherwise registered, plying within the Limits of the Port of Shanghae.
Name of vessel,
Length,
Breadth,
Depth,
Stern,
Framework,
Distinguishing marks (if any),
After due inquiry into the ownership of the above steam-launch, I certify upon the evidence adduced before me that she is boud fide owned by the British
Given at Shanghae this
day of (Signed)
0
19
;
Consul-General.
Inclosure in No. 1.
Memorandum by Sir A. Hosie on the Present Position of the Trade-marks Question in China,
ARTICLE 7 of the Treaty between Great Britain and China, which was signed at Shanghae on the 5th September, 1902, says :---
"Inasmuch as the British Government afford protection to Chinese trade-marks against infringement, imitation, or colourable imitation by British subjects, the Chinese Government undertake to afford protection to British trade-marks against infringement, imitation, or colourable imitation by Chinese sabjects.
"The Chinese Government further undertake that the Superintendents of Northern and of Southern trade shall establish offices within their respective jurisdictions under control of the Imperial Maritime Customs, where foreign trade-marks may be registered on payment of a reasonable fee."
This was an undertaking by the Chinese Government to protect British trade- marks against infringement by Chinese subjects, and to establish offices under the control of the Imperial Maritime Customs for the registration of foreign trade-marks, This question of the protection of trade-marks was afterwards elaborated in Articles 5 and 9 respectively of the Japanese and American Treaties with China, which were both signed at Shanghac on the 8th October, 1903. The former runs :-----
"The Chinese Government agree to make and faithfully enforce such Regulations as are necessary for preventing Chinese subjects from infringing registered trade-marks held by Japanese subjects.
arc
"The Chinese Government likewise agree to make such Regulations as necessary for affording protection to registered copyrights held by Japanese subjects in the books, pamphlets, maps, and charts written in the Chinese language, and specially prepared for the use of Chinese people.
"It is further agreed that the Chinese Government shall establish registration offices where foreign trade-marks and copyrights, upon application for the protection of the Chinese Government, shall be registered in accordance with the provisions of the regulations to be hereafter framed by the Chinese Government for the purpose of protecting trade-marks and copyrights.
"It is understood that Chinese trade-marks and copyrights properly registered according to the provisions of the Laws and Regulations of Japan will receive similar protection against infringement in Japan.
"This Article shall not be held to protect against due process of law any Japanese or Chinese subjects who may be the author, proprietor, or seller of any publication calculated to injure the well-being of China.”
[1944 0-
0-1]
1
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