od
limitation of protection in favour of registered marks only would weaken the protection which is now apparently being
by the Chinese authorities and others given in China unregistered marka.
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107
The Board are consequently disposed to recommend the incorporation in the Convention of a stipulation that the same protection shall be given by either party to unregis-
It is true tered marks as is given to registered marks. that no such stipulation is included in the Conventions affecting trade marks in China which have already been con- cluded by Japan with the United States and other countries, and also that no such stipulation is included in any of the Conventions respecting trade marks in China which we our-
It is however
selves have concluded with other Powers.
now apparent that to conclude a Convention dealing only with registered marks would merely be to touch the fringe of the much larger subject of protection for acquired rights and that in view of the special character of the marks used in China a mutual arrangement with Japan covering the protection of all marks, registered or unregistered, would be most desirable. Further, it can properly be claimed that the ex- tent and character of our trade in China places us in an ex- ceptional position in this matter as compared with other
Povers.
As to the form which a proposal to this and should assume, the Board have, on consideration, come to the con- clusion that the provision in paragraph 2 of Article 1 of the British Counter-draft as it stands is not wholly satis- factory. Paragraph 1 of this Article so far as it affects marks is designed simply to accord mutual national treatment
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