CO129-359 - Governor Sir Lugard - 1909 [12] — Page 403

appears to the Board to be an improvement upon those

Articles. Moreover it includes the useful provision that

protection is to be accorded to the subjects of each Con-

tranting Party without their "being compelled to submit to

"any other and more onerous conditions than the subjects

of the other Contracting Party. On the whole the Poard

consider that the form of Article 1 of the British Counter

Draft should be retained if possible.

The board would also suggest that the second

paragraph of Article 3 of the British Counter-Draft which

was as follows -

*The Provisions of this Convention in respect of

*Designs and Trade `arks shall be deemed to extend to the

"application to goods of any figures, words or marks, or

"arrangements, or combination thereof, whether including

"a trade mark or not, which are ressonably calculated to

"lead persona to believe tint the goods are the manufac-

*ture or merchandise of some person other than the person

#

'wno se merchandise or manufacture they really are" should

be inserted at the end of the proposed Article I.

Article II refers to copyright, a subject upon which the

Board suggest that lia Kajesty's Government are not at

present prepared to negotiate.

Article III is dealt with in the observations made above

concerning Article I.

Article IV. This article covers the first paragraph of

Article 3 of the British Counter-Draft and may therefore

be accepted. The Board would, however, be glad if fur-

ther information could be procured as to the amount of

protection which the Japanese Law affords to liong Karks,

and

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