[This Document is the Property of His Britannic Majesty's Government.]
CO
23539
AFFAIRS OF CHINA.
R13 JUL 11
[June 30.]
CONFIDENTIAL.
SECTION 1.
(19297]
No. 1.
Sir,
Foreign Office to Mr. J. Law.
Foreign Office, June 30, 1911. IN reply to your letter of the 17th ultimo enquiring as to the protection afforded to patents in China, am directed by Secretary Sir E. Grey to state that no convention exists between this country and China or, so far as is known, between any other country and China for the protection of industrial property in the latter, but it has been found possible in the past to induce the Chinese authorities to take steps to check the infringement of British trade-marks and patents by Chinese subjects when cases of such infringements have been brought to their notice by His Majesty's consular officers.
Arrangements have been made between His Majesty's Government and various foreign Governments for the mutual protection in China of the trade-marks of their respective nationals, but these arrangements do not include patents and designs, and it would therefore appear doubtful whether a British invention could be successfully defended against infringement by a foreigner in China, other than a Chinese subject.
As regards the deposit of patents at His Majesty's consulates and with the Chinese authorities, I am to state that a notice on the subject of the deposit of trade- marks will be found on p. 58 of the Board of Trade Journal" of the 10th January, 1907, and that, though no mention is made therein of the matter of patents, it is possible that similar treatment would be obtainable to that accorded by the Imperial Maritime Customs to trade-marks.
46
In view of the statement of His Majesty's consul-general at Shanghai, quoted in the first paragraph of your letter, the patentee might find it desirable to deposit a copy of the specification of his British patent at the consulate-general, accompanied, if possible, by a certificate of the Comptroller-General of Patents, Designs, and Trade- marks in London stating that a patent has been granted. Application for such a certificate may be made to the Patent Office on patents form No. 31.
I am to add that the whole question of the protection of industrial property in China is engaging the attention of His Majesty's Government.
I am, &c.
F. A. CAMPBELL.
[2062 gg-1]
111
No comments yet.
Private notes are available after approval.