CO129-373 - Public Offices - 1910 — Page 37

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of this country as embodied in the Statute of 1905. Where, therefore, a Hong Kong merchant had used a trade-mark in Chiua prior to registration of such mark by a Japanese merchant in England, he could not be restrained from continuing to use such mark in China by reason of the provisions of section 41 of "The Trade-marks Act, 1905.'

Sir E. Grey would also be glad to be informed of the number of cases reported to the China Association in which British trade-marks have been infringed in China by Japanese subjects during the past three years.

Draft Convention for Mutual Protection of British and Japanese Trade-Marks in China.

HIS Majesty the King of Great Britain, &c.,

and His Majesty the Emperor of Japan, being desirous to secure in China reciprocal protection

for the trade-marks of their respective subjects, until such time as China shall issue regulations granting protection to the trade-marks of all foreign Powers in China, have resolved to con- clude a Convention for that purpose, and have named as their Plenipotentiaries, that is to say, &c. :-

ARTICLE 1.

Trade-marks, whether registered or not, which are used in China by the subjects of one Iligh Contracting Party, shall enjoy in all parts of China the same protection against infringement or misuse by the subjects of the other Contracting Party as is accorded in the Courts of such Contracting Party to registered trade-marks, and, consequently, in case of such infringement or misuse, it will be open to the aggrieved person to take proceedings in the competent Consular Courts of the other Party.

The High Contracting Parties agree that all disputes arising as to the right to use a mark shall be decided solely on the grounds of priority of user in China.

ARTICLE 2.

The provisions of Article 1 in respect of trade- marks shall be deemed to extend to commercial names and "hong" marks.

ARTICLE 3.

The present Convention shall be ratified, and the ratification thereof shall be exchanged at

come into force cation.

as soon as possible. It shall days after such ratifi-

In witness whereof, &c.

[720 A]

V.