CO129-360 - Public Offices - 1909 — Page 54

This Document is the Property of His Britannic Majesty's Government.]"

53.

C. O.

CHINA TRADE.

CONFIDENTIAL.

[December 14.] 1189

SECTION 2.

IT JAL 09

[43556]

(No. 291.) Sir,

No. 1.

Sir C. MacDonald to Sir Edward Grey.—(Received December 14.)

Tokió, November 12, 1908. WITH reference to previous correspondence on the subject of trade-marks in Japan, I have the honour to inclose herewith extracts from the "Japan Mail" and the "Japan Chronicle" with regard to an instruction which has been issued by the Vice-Minister of Agriculture and Commerce to the various Chambers of Commerce.

Mr. Oshikawa points out that the piracy of foreign trade-marks has brought the Japanese merchants and manufacturers into bad odour, and urges all business men to do their best to amend the situation.

I have, &c.

(Signed) CLAUDE M. MACDONALD.

Inclosure 1 in No. 1.

Extract from the "Japan Daily Mail" of November 11, 1908.

TRADE-MARKS.

#1

OUR readers will have observed that, according to the telegrams, Sir Edward Grey, replying to a question in the House of Commons, said that he expected very shortly to see an entirely satisfactory arrangement completed with Japan for the purpose of protecting British patent sand trade-marks in Corea. The " Chuo Shimbun now alleges that there is a troublesome obstacle in the way. It concerns the old question of extraterritoriality. In the Convention recently concluded between Japan and the United States with the same purpose, it was stipulated that the duty of enforcing the Regulations with regard to patents and trade-marks should devolve upon the Japanese Residencies in Corea; in other words, that the United States should leave these judicial matters in the hands of the Japanese, just as they would be left in the hands of the British authorities if India were the scene. Our contemporary states, however, that Downing Street shows some reluctance to indorse this procedure, and thus the whole problem is hung up, not only as regards Corea, but also as regards China.

The

Meanwhile, Mr. Oshikawa, Vice-Minister of Agriculture and Commerce, has issued a significant instruction. He says that, owing to the fierceness which competition has developed in matters of trade and industry, merchants think only of getting the better of one another, and manufacturers do not scruple to have recourse to adulteration and to abuse of patents and trade-marks. As to this last point, numerous complaints have been received from foreigners who have suffered from such abuses. These complaints may not have been invariably well founded, but many of them are certainly just. Department of Agriculture and Commerce does everything in its power to check the abuses, but its resources for that purpose are necessarily limited, and the situation cannot be thoroughly corrected unless merchants and manufacturers recognize that there is a moral code binding upon them as upon all members of the community, and that commercial and industrial prosperity can never be really achieved or the nation's reputation really honoured unless honest routes are followed by tradesfolk of all kinds. The Vice-Minister concludes by inviting the co-operation of those to whom his advice is directly addressed.

[2050 o-2]

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