CO129-386 - Public Offices & Others - 1911 — Page 110

108

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Holdfend Jano chat :

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So I ploténk to 5 damantay ni nelairen nuddard woldman

reiden vais deg of abnaða ef an dieth-rodust debint an

va xat os sluit vid to I destaci

Dhulden. Laojaus broose or gluaite berglasb el cd90

to registered marks, and paragraph 2 in its present form is designed to apply a similar provision in the case of marks . calculated to decoive. If therefore, Japanese law does not afford Japanese subjects any redress for the unauthorised use of an unregistered mark, the Convontion would clearly be useless to the British owners of unregis- tered marks. What is wanted is a provision by which each country would be bound to give an effective protection in China to unregistered marks belonging to the subjects of the other, whether legal provision for such protection exists at the present moment in Japan or not.

Er Crowe, in his Memorandum sent with your letter of the 19th June, makes a suggestion to the effect that priority of user should be the deciding factor in disputes arising as to the right to use in China any such figures, words, or marks, etc., as are referred to in the existing paragraph 2 of the counter-draft. On the whole, however, the Board are disposed to suggest the omission of this paragraph and the substitution for it of a paragraph on the lines of Article 1 of Sir F. Lugard's draft. The Board recognise that this amounts to a new proposal, but they would point out that some time has elapsed since the original negotiations were co- menced, that the question of wregistered marks received pro- longed consideration at the recent Industrial Property Con- ference, and that in these circumstances it is possible that the Japanese Government may now be inclined to give more favourable consideration to this suggestion than previous discussions with them would appear to indicate.

If they decline to conclude an arrangement on this line further consideration must be given to the matter with a view to the possibility of satisfactorily amending paragraph 2

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