This Document is the Property of His Britannic Majesty's Government.
# CHINA TRADE,
CONFIDENTIAL.
[November af €24
REC? SECTION REX 21 DEC 08
[38923]
No. 1.
(No. 252.) Sir,
Sir C. MacDonald to Sir Edward Grey.-(Received November 9.)
Tokió, October 3, 1908.
WITH reference to my despatch No. 26, Treaty, of the 28th August on the subject of the new Patent, Trade-mark, &c., Ordinances for Corea and China, occasioned by the signing of the United States-Japan Conventions, I have the honour to inclose herewith a translation (made at the Patent Bureau) of an address given by Mr. Nakamatsu, Director of the Patent Bureau, to patent agents and business men.
It will be noted that Mr. Nakamatsu explained the scope of the Conventions relating to China and Corea, and was careful to point out that the China Convention was not an independent one, and that its benefits would only be extended to those countries who surrendered extra-territorial jurisdiction in Corea in the matter of patents, &c.
He remarked that the Convention does not perfectly protect Japanese industrial and literary properties in China, one of his reasons being that in order to obtain the protection the property rights must be patented or registered in the United States, but he adds that nothing more can be done.
The periods of grace given to the pirates are not, according to Mr. Nakamatsu, meant to give any protection to the owners of illegal goods and unauthorized reproduction, but are given solely for the object of not disturbing the market. It seems a pity that the exact chain of reasoning is not given here.
The concluding part of the address is undoubtedly the most interesting. Mr. Nakamatsu points out these Conventions are very inconvenient to those of evil intention, and urges his countrymen to make the most of the protection afforded them in China and Corea. He finally points out that, should there be any unscrupulous Japanese traders base enough to pirate trade-marks of foreigners not amenable to these Conventions, such traders would not only bring dishonour upon their nation but would injure their own interests.
The instructions given by the Minister for Agriculture and Commerce referred to by Mr. Nakamatsu were to the effect that, now that the Conventions with America had been signed for the mutual protection of patents, designs, trade-marks, &c., in China and Corea, the persons interested must observe the provisions of these Conventions and the Ordinances based thereon; they must also do their utmost to preserve in foreign countries those rights connected with patents, trade-marks, &c.; they are warned against infringing the rights of others as they might have become accustomed to do when there was no law against it, and they must try their best to develop Japanese industry and commerce.
I have, &c.
(Signed)
CLAUDE M. MACDONALD.
Inclosure in No. 1.
Address given by Mr. Nakamatsu at the Assembly Hall of the Tokió Prefectural Office, September 11, 1908. (Translation.)
Gentlemen,
TO-DAY Mr. Sugita, who is going to his duty as Examiner at the Patent Office, newly established in the Residency-General, Corea, in accordance with the Convention lately concluded with the United States of America, was to make an elaborate speech regarding the protection of industrial property in Corea, but not being able to do so on account of his illness, it has been decided that I give an address in his place. There being little time, I am not at all prepared for the task, but will give you a rough sketch of the origin, nature, and scope of the Conventions lately concluded between Japan and the United States of America.
Gentlemen, it being thought desirable by the Governments of Japan and the United States to secure for the industrial and literary properties of their subjects and
Page 534
533
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE,
CONFIDENTIAL.
[November af €24
REC? SECTION REX 21 DEC 08
[38923]
No. 1.
(No. 252.) Sir,
Sir C. MacDonald to Sir Edward Grey.-(Received November 9.)
Tokió, October 3, 1908. WITH reference to my despatch No. 26, Treaty, of the 28th August on the subject of the new Pateut, Trade-mark, &c., Ordinances for Corea and China, occasioned by the siguing of the United States-Japan Conventions, I have the honour to inclose herewith a translation (made at the Patont Bureau) of an address given by Mr. Nakamatsu, Director of the Patent Bureau, to patent agents and business men.
It will be noted that Mr. Nakamatsu explained the scope of the Conventions relating to China and Corea, and was careful to point out that the China Convention was not an independent one, and that its benefits would only be extended to those countries who surrendered extra-territorial jurisdiction in Corea in the matter of patents, &c.
He remarked that the Convention does not perfectly protect Japanese industrial and literary properties in China, one of his reasons being that in order to obtain the protection the property rights must be patented or registered in the United States, but he adds that nothing more can be done.
The periods of grace given to the pirates are not, according to Mr. Nakamatsu, meant to give any protection to the owners of illegal goods and unauthorized reproduction, but are given solely for the object of not disturbing the market. It seems a pity that the exact chain of reasoning is not given here.
The concluding part of the address is undoubtedly the most interesting. Mr. Nakamatsu points out these Conventions are very inconvenient to those of evil intention, and urges his countrymen to make the most of the protection afforded them in China and Corea. He finally points out that, should there be any unscrupulous Japanese traders base enough to pirate trade-marks of foreigners not amenable to these Conventions, such traders would not only bring dishonour upon their nation but would injure their own interests.
The instructions given by the Minister for Agriculture and Commerce referred to by Mr. Nakamatsu were to the effect that, now that the Conventions with America had been signed for the mutual protection of patents, designs, trade-marks, &c., in China and Corea, the persons interested must observe the provisions of these Conventions and the Ordinances based thereon; they must also do their utmost to preserve in foreign countries those rights connected with patents, trade-marks, &c.; they are warned against infringing the rights of others as they might have become accustomed to do when there was no law against it, and they must try their best to develop Japanese industry and commerce.
I have, &c. (Signed)
Inclosure in No. 1.
CLAUDE M. MACDONALD.
Address given by Mr. Nakamatsu at the Assembly Hall of the Tokió Prefectural Office, September 11, 1908. (Translation.) Gentlemen,
TO-DAY Mr. Sugita, who is going to his duty as Examiner at the Patent Office, newly established in the Residency-General, Corea, in accordance with the Convention lately concluded with the United States of America, was to make an elaborate speech. regarding the protection of industrial property in Corea, but not being able to do so on account of his illness, it has been decided that I give an address in his place. There being little time, I am not at all prepared for the task, but will give you a rough sketch of the origin, nature, and scope of the Conventions lately concluded between Japan and the United States of America.
Gentlemen, it being thought desirable by the Governments of Japan and the United States to secure for the industrial and literary properties of their subjects and
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