Directory_and_Chronicle_1905 — Page 476

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COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL

Art. XIV.-As Portugal affords protection to trademarks used by subjects of any other nationality, provided a like protection is reciprocated for trademarks used by Portuguese subjects China, in order to obtain this protection for its subjects in Portuguese territory, agrees to grant protection to Portuguese trademarks against unlawful use, falsification or imitation by Chinese subjects. To this end the Chinese Government will enact the necessary laws and regulations, and will establish registration offices at which foreign trademarks may be registered on payment of reasonable fees. Further, the Chinese Government agrees that, as soon as a Patent Office has been established, and special laws with regard to inventions have been adopted, it will, after payment of the prescribed fees, issue certificates, valid for a fixed term of years, to Portuguese inventors, extending to their inventions the same protection as shall be given to Chinese patents in Portugal, provided that such inven- tions do not infringe on previous inventions by subjects of China. Any Chinese or Portuguese subject who is the author, proprietor, or seller of any publication injurious to the peace and good government of China shall be dealt with in accordance with the laws of his own country.

Art. XV.-The Government of China having expressed a strong desire to reform its judicial system, and to bring it into accord with that of Western nations, Portugal agrees to give every assistance to such reform, and will also be prepared to relinquish extraterritorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration, and other considerations warrant it in so doing.

Art. XVI. The missionary question in China demands, in the opinion of the Chinese Government, careful consideration, so as to avert in the future troubles which have occurred in the past. Portugal, as a nation specially interested in the protection of its Catholic missions in Chinese territory, agrees to join in a commission to investigate this question and, if possible, to devise means for securing permanent peace between converts and non-converts, should such a commission be formed by China and the Treaty Powers interested. No person, whether Portuguese subject or Chinese convert who, according to the tenets of Christianity, peaceably teaches or practises the principles of that religion, which aims at teaching men to do good, shall be persecuted or harassed on account of his faith. But converts and non-converts, being alike subjects of China, shall conform to her laws, and shall pay due respect to those in authority, living together in peace and amity; and the fact of his being a convert shall protect no one from the consequence of any offence he may have committed before or may commit after his admission into the church, or exempt him from paying legal taxes and contributions levied for the support of religious customs and practices contrary to his faith. Missionaries shall not interfere with the exercise by the native authorities of their jurisdiction over Chinese subjects, nor shall the native authorities make any distinction between converts and non-couverts, but shall administer the law without partiality, so that both classes may live together in peace. Portuguese missions shall be permitted to rent and lease in perpetuity, as the property of the mission, buildings or lands in all parts of the Empire for mission purposes and, after the title deeds have been found in order and duly stamped by the local authorities, to erect such suitable buildings as may be required for carrying out their good work.

Art. XVII. The present Treaty shall remain in force for a period of ten years. beginning with the date of the exchange of ratifications and until a revision is effected as hereinafter provided.

It is further agreed that either of the two High Contracting Parties may demand revision of the Tariff and the Articles of the Treaty six months before the end of ten years from the date of the exchange of ratifications thereof. If no re- vision is demanded before the end of the first term of the ten years, then these articles in their present form shall remain in full force for a further term of ten years reckoned from the end of the first term and so on for successive periods of ten years.

Art. XVIII.-In order to prevent in the future any discussion, this Treaty is written in Portuguese, Chinese and English, and signed in six copies, two in each lau-

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UNIVERSITY OF MICHIGAN