This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
C.O.
39167 [September 30.]
Happ SECTION 1.27 OCT 08
[33871]
No. 1.
Sir,
China Association to Foreign Office.-(Received September 30.)
159, Cannon Street, London, September 28, 1908. WITH reference to your despatch of the 5th August (acknowledgment of which was made on the 12th idem), I desire to offer the apologies of my Committee for the delay in replying, the reason being the absence from town of so many of the Committee during the holiday season.
The despatch relates to the proposed Convention with Japan for the protection of trade-marks in China and Corea, and incloses, for the confidential information of the Association, a fresh counter-draft of the Convention, which you inform us has been dispatched to His Majesty's Ambassador at Tokio for presentation to the Japanese Government forthwith.
It is with much satisfaction that my Committee note the advices contained in the despatch of the intentions of the Japanese Government to more strictly enforce their Trade-marks Law in future, to revise their Patent Law, and in particular to give the widest possible construction to the provisions of Article 2, section 3, and of Article 11, section 1, of their Trade-marks Law, which give protection to established marks against fraudulent imitations; and it is more particularly satisfactory to have assurance that in future if an applicant for registration who finds that his mark has been registered by another is able to satisfy the Bureau that the mark so registered is of a nature to deceive, such registered mark shall be cancelled, no matter how long it may have been registered.
Copies of your despatch of the 5th August, and of the proposed counter-draft Convention were confidentially communicated to the Shanghae branch of the Association, with the request for an expression of views thereon, and a reply thereto is expected at an early date. Pending receipt of such reply my Committee deem it expedient to postpone observation in detail upon the counter-draft Convention, more particularly for the reason that in letters recently received from Hong Kong and Shanghae special stress is laid on the necessity for unqualified recognition of protection of marks by right of priority of use in China, a point which we note with satisfaction is to some extent met by the addendum to Article 3 of the counter-draft Convention. This question of protection through priority of use was also strongly urged in our letter of the 13th May; it is a protection afforded by British law and practice to Japanese marks, and, as Shanghae pertinently asks, "Why should Japan not agree to give our trade-marks the same protection that we extend to theirs, to protect the rightful owners against the counterfeiters of either nationality?"
In the "Japan Daily Mail" of the 14th August there is published the text of two Conventions concluded on the 19th May last between Japan and the United States of America "for the protection of inventions, designs, trade-marks, and copyrights" (1) in Corea, (2) in China, and it is to be presumed that these may be taken as authentic. The wider field covered by these Conventions appears to my Committee to be commendable, especially as they prevent any future misunderstanding as to imitations or infringements which might be originated either in Corea or the leased territories now in Japanese occupation.
I have, &c.
(Signed) C. A. DUDGEON, Chairman,
[1944 gg-1]
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
C.O.
39167 [September 30.]
Happ SECTION 1.27 OCT 08
[33871]
No. 1.
Sir,
China Association to Foreign Office.-(Received September 30.)
159, Cannon Street, London, September 28, 1908. WITII reference to your despatch of the 5th August (acknowledgment of which was made on the 12th idem), I desire to offer the apologies of my Committee for the delay in replying, the reason being the absence from town of so many of the Committee during the holiday season.
The despatch relates to the proposed Convention with Japan for the protection of trade-marks in China and Corea, and incloses, for the confidential information of the Association, a fresh counter-draft of the Convention, which you inform us has been dispatched to His Majesty's Ambassador at Tokio for presentation to the Japanese Government forthwith.
It is with much satisfaction that my Committee note the advices contained in the despatch of the intentions of the Japanese Government to more strictly enforce their Trade-marks Law in future, to revise their Patent Law, and in particular to give the widest possible construction to the provisions of Article 2, section 3, and of Article 11, section 1, of their Trade-marks Law, which give protection to established marks against fraudulent imitations; and it is more particularly satisfactory to have assurance that in future if an applicant for registration who finds that his mark has been regis- tered by another is able to satisfy the Bureau that the mark so registered is of a nature to deceive, such registered mark shall be cancelled, no matter how long it may have been registered.
Copies of your despatch of the 5th August, and of the proposed counter-draft Con- vention were confidentially communicated to the Shanghae branch of the Association, with the request for an expression of views thereon, and a reply thereto is expected at an early date. Pending receipt of such reply my Committee deem it expedient to postpone observation in detail upon the counter-draft Convention, more particularly for the reason that in letters recently received from Hong Kong and Shanghac special stress is laid on the necessity for unqualified recognition of protection of marks by right of priority of use in China, a point which we note with satisfac- tion is to some extent met by the addendum to Article 3 of the counter-draft Convention. This question of protection through priority of use was also strongly urged in our letter of the 13th May; it is a protection afforded by British law and practice to Japanese marks, and, as Shanghae pertinently asks, "Why should Japan not agree to give our trade-marks the same protection that we extend to theirs, to protect the rightful owners against the counterfeiters of either nationality?"
In the "Japan Daily Mail" of the 14th August there is published the text to two Conventions concluded on the 19th May last between Japan and the United States of America "for the protection of inventions, designs, trade-marks, and copyrights" (1) in Corea, (2) in China, and it is to be presumed that these may be taken as authentic. The wider field covered by these Conventions appears to my Committee to be com- mendable, especially as they prevent any future misunderstanding as to imitations or infringements which might be originated either in Corea or the leased territories now in Japanese occupation.
I have, &c.
(Signed) C. A. DUDGEON, Chairman,
[1944 gg-
-1]
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