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Government for the protection of inventions, designs, trade-marks, and copyright in Corea, the American Government surrendered the judicial jurisdiction of American Consular officers in respect to the trial of cases of infringement of such rights in industrial property and copyright. I regret, therefore, that I am unable to signify my assent to the British draft as it stands."
At the same time, since the mutual protection of industrial property rights in .) China is a matter of urgent importance for the furtherance of the common com- mercial interests of all nations, the Imperial Government, assenting to the proposal of the French Government, recently decided to conclude a Treaty, in respect to China alone, for the reciprocal protection of rights in industrial property and copy- right of the same purport as the above-mentioned Japanese-American Treaty, and the draft of that Treaty has already been sent in. Accordingly I am now desirous that, as between our Government also, the Treaty relating to the two countries, China and Corea, should be split up, the part relating to Corea being left for future agreement, and that a Treaty for the mutual protection of trade-marks and other industrial property rights of our respective nationals should in the first instance be concluded with exclusive reference to China, such Treaty to be modelled entirely upon the Treaty between Japan and America. I have the honour to inclose herewith copy of the above-mentioned draft Treaty forwarded by the Imperial Government to the French Ambassador, and to request your Excellency's consideration of the same.
In the next place, in the concluding paragraph of your note, your Excellency requests a full explanation as to the actual amount of protection afforded by Japanese law in respect of trade-marks, but as this is a matter of interpretation of the provisions of the Japanese Trade-Marks Law I fear that it is out of the question for me to set forth the particulars here in detail, and I would beg to refer your Excellency to the law in question for the information desired.
I avail, &c. (Signed) JUTARO KOMURA (Count),
Minister for Foreign Affairs.
Inclosure 3 in No. 1.
Draft Convention.
HIS Majesty the Emperor of Japan and the President of the French Republic being desirous to secure in China reciprocal protection for the interventions, designs, trade-marks, and copyrights of their respective subjects and citizens have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say:
His Majesty the Emperor of Japan,
the President of the French Republic,
; and
Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles:-
ARTICLE 1.
Inventions, designs, and trade-marks duly patented or registered by subjects or citizens of one High Contracting Party in the appropriate office of the other High Contracting Party shall have in all parts of China the same protection against infringement by subjects or citizens of such other Contracting Party as in the dominions and possessions of such other Contracting Party.
ARTICLE 2.
The subjects or citizens of each of the two High Contracting Parties shall enjoy in China the protection of copyright for their works of literature and art, as well as
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photographs, to the same extent as they are protected in the dominions and possessions of the other Party.
ARTICLE 3.
In case of infringement in China by a subject or citizen of one of the two High Contracting Parties of any invention, design, trade-mark, or copyright entitled to protection in virtue of this Convention, the aggrieved party shall have in the competent Territorial or Consular Courts of such Contracting Party the same rights and remedies as subjects or citizens of such Contracting Party.
ARTICLE 4.
Each High Contracting Party engages to extend to the subjects or citizens of the other Contracting Party the same treatment in China in the matter of protection of their commercial names as they enjoy in the dominions and possessions of such Contracting Party under the Convention for the Protection of Industrial Property, signed at Paris on the 20th March, 1883. Hong "marks shall be considered to be commercial names for the purpose of this Convention
ARTICLE 5,
Subjects of Corea and citizens of possessions belonging to the French Republic shall have in China the same treatment under the present Convention as subjects of Japan and citizens of the French Republic rospectively.
ARTICLE 6.
All rights growing out of the present Convention shall be recognized in the insular and other possessions and leased territories of the High Contracting Parties, and all legal remedies provided for the protection of such rights shall be duly enforced by the competent Courts.
ARTICLE 7.
Any person amenable to the provisions of this Convention, who possesses at the time the present Convention comes into force merchandize bearing an imitation of a trade-mark owned by another person and entitled to protection under said Convention, shall remove or cancel such false trade-mark or withdraw such merchandize from market in China within six months from the date of the enforcement of this Convention.
ARTICLE 8.
Unauthorized reproductions by the subjects or citizens of one High Contracting Party prior to the operation of this Convention of the works of literature and art, as well as photographs, of the subjects or citizens of the other High Contracting Party entitled to protection in virtue of this Convention shall be withdrawn from sale or circulation in China within one year from the date of the enforcement of this Convention.
ARTICLE 9.
The present Convention shall be ratified, and the ratification thereof shall be exchanged at
as soon as possible. It shall come into force
days after such ratifications.
In witness whereof the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals.
year of Meiji,
Done at corresponding to the
the day of
day of the
in the
month of the
year of the Christian era.
(L.S.)
(1.8.)
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