CO129-445 - Public Offices - 1917 — Page 397

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against infringement, imitation, or colorable imitation by Chinese subjects.

The Chinese Government further undertake that all Sup-

erintendents of Northern and Southern trade shall establish

offices within their respective jurisdiction under control of

the Imperial Maritime Customs where Foreign trademarks may

be registered on payment of a reasonable fee".

In 1904 the Chinese Government drew up certain proposed

regulations regarding the Registration of Trade Marks which

however were not acceptable to the Nations who were parties to

the Treaty of 1902.

In 1914 the Chinese Government again drew up Draft Rules

and Regulations regarding the registration of Trade marks and

copies of this Draft were submitted to the Peking Foreign Min-

isters representing the Nations who were parties to the Treaty

of 1902.

Sir John Jordan, through Sir Everard Fraser, submitted this Draft to the China Association Shanghai and I was request

to comment thereon.

I therefore draw up amendments on various of the clauses

and strenously opposed one rule which would have placed

British Importers in a very much worse position than other

foreign Importers.

This Rule was, in effect, that only such Trade Marks as

were registered in their country of origin should be allowed

registered rights in China,

As I have endeavoured to show earlier such an enactment

would mean that as British Importers have built up in China an immense trade in goods bearing "Second class" and "Recorded" Trade Chope such trade would thereby be lost to them absolutely

and other Foreigners (whose Home Trade marks Regulations are wore lax than British) would be in a position to absorb it in view of the registered rights they have or could acquire under their Home Regulations.

There were other minor points, but the foregoing, in my

opinion,

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