CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 508

P Y.

Sir,

501

5. C.

33786

Hongkong General Chamber of Commerce.

RECR

¡Pres 14 OCT 09

Hongkong, 7th. April, 1909.

I am directed to thank you for the observa-

-tions made by the Foreign Office in connection with the subject

of the piracy of British Trade Marks in Japan contained in your

letter of 6th. ultimo and forwarded for the information of the

British Members of this Chamber.

So long as the Japanese Government and

people do not recognise the principle that ownership of a Mark

consists in its prior us, quite apart from registration, the

attitude of the Patent Bureau at Tokio seems now to be as

favourable to the protection of the rights of the owners of

trade-marks as could be expected, and the suggestions made by

that office are in many cases being acted upon by British

Merchants.

I am directed to say, however, that in the

opinion of the British Members of my Committee the British

Government should continue to press for an alteration in the

Japanese trade-mark law by which ownership of a trade-mark would consist in the prior use of a mark apart from registration

and that the time limit of three years after which registration

is unimpeachable be abolished.

I have etc.,

(Sa.) B. A. M. Williams,

The Honourable

Mr. F. H. May, CM.0.,

Colonial Secretary.

Secretary.