OP Y.
Hon. Colonial Secretary,
2.
Enclosure 1.
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3502 16
6:02 3 ths 12 It appears that there is a consensus of opinion that it would be better to have no convention than to have one which affords protection only to registered marks. It is also established that the number of British marks used in China, which are not only not registered but are incapable of registration, is very large.
The argument of the British Merchants, set out in the second paragraph of Mr. Crowe's memorandum, endorses the argument in paragraph 12 of my last minute, that it is better to have no con- -vention and to proceed against the Chinese retailer than to have a convention which may induce the Chinese Authorities to alter their procedure. Mr. Crowe states that he is not aware that there is any particular law which compels the Chinese Authorities to take action in the case of Chinese retailers who sell goods bearing pirated British marks; but Article VII of the Supplementary Commercial Treaty seems to cover the ground, that "the Chinese Government undertake to afford protection to British trade marks against infringement, imitation, or colourable imitation by Chinese subjects".
3.
Mr. Crowe goes on to say that there are two opposing schools, one of which would be satisfied with the second paragraph of Article I of the Counter-draft, while the other will have nothing less than the draft based upon Sir F. Lugard's proposal; and he adds that the arguments on both sides will be found in the minutes attached. It appears to me, after a careful perusal of those minutes, that there is no such opposition, but that the views of both sides are in reality identical.
4.
The London Chamber would make it a fundamental condition of any convention that all disputes in connection not only with registrable trade marks but also with trade names and trade descriptions should be decided solely on the ground of priority of user in China. That is to say, they support Sir F. Lugard's draft with a wider definition of mark, such for instance as that suggested in paragraph 11 of my last minute. The Manchester Chamber in their letter of the 13th. May to the Foreign Office withdrew their support
of
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