Directory_and_Chronicle_1906 — Page 219

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COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL

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for its injection will be seized and confiscated, and the importer will be denied the right to import these articles.

Art. XII.—The Chinese Government recognizing that it is advantageous for the country to develop its mineral resources, and that it is desirable to attract foreign as well as Chinese capital to embark in mining enterprise, agrees to revise its exist- ing mining regulations in such manner, by the selection of those rules in force in other nations which seem applicable to conditions in China, that the revision while promoting the interests of Chinese subjects and in no way prejudicing the sovereign rights of China, will offer no impediment to the employment of foreign capital, nor place foreign capitalists at a greater disadvantage thau they would be under generally accepted foreign regulations, and will permit Portuguese subjects to carry on in Chinese territory mining operations and other necessary business relating thereto, provided they comply with the new regulations and conditions which will be imposed by China on its subjects and foreigners alike, relating to the opening of mines, the renting of mineral land, and payment of royalty, and provided they apply for permits, the provisions of which, in regard to necessary business relating to such operations, shall be observed. The residence of Portuguese subjects in connection with such mining operations shall be agreed upon between Portugal and China. Any mining concession granted after the publication of such new rules shall be subject to these provisions.

Art. XIII.-It being only right that the shareholders of any joint stock com. pany, or the partners in any commercial undertaking, should all be on a footing of équality as regards division of profits and payment of obligations, according to the partnership agreement or memorandum and articles of association, the Chinese Government agrees that Chinese subjects joining with Portuguese subjects in the or- ganisation of a joint stock company or commercial undertaking, legally constituted, shall be liable to the fulfilment of the obligations imposed by said agreement or memorandum and articles of association, and that Chinese Courts will enforce fulfil- ment of such obligations, if a suit to that effect be entered; provided always that their liability shall not be other or greater than that of Portuguese shareholders or partners in the same company or partnership. Similarly Portuguese subjects who invest their capital in Chinese enterprises shall be bound to fulfil the obligations imposed by the partnership agreement or memorandum, and articles of association, and their liability shall be the same as that of the Chinese subjects engaged in the same undertaking. But as existing treaty stipulations do not permit foreign mer- chants to reside in the interior of China for purpose of trade, such joint stock com- panies and commerial undertakings may be established in the interior by Portuguese and Chinese subjects conjointly.

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