631990-1898-Despatch-with-reference-to-Protocol-between-Great-Britain-and-Japan-respecting-Patents-Trade-Marks-and-Designs — Page 1

THE HONGKONG GOVERNMENT GAZETTE, 29TH JANUARY, 1898.

GOVERNMENT NOTIFICATION.-No. 42.

93

With reference to Government Notification No. 138 of 9th April, 1896, the following Circular Despatch, with its enclosure, is published for information.

By Command,

Colonial Secretary's Office, Hongkong, 27th January, 1898.

CIRCULAR.

SIR,

J. H. STEWART LOCKHART, Colonial Secretary.

DOWNING STREET,

10th November, 1897.

With reference to Lord RIPON's Circular despatch of the 31st December, 1894, enclosing a copy of the Treaty of Commerce and Navigation between Great Britain and Japan concluded on the 16th July, 1894, and to my Circular despatch of the 17th February, 1896, enclosing copy of a Convention supplementary to that Treaty concluded on the 16th July, 1895, I have the honour to transmit to you, for publication in the Colony under your Government, a copy of a Protocol between Great Britain and Japan respecting Patents, Trade Marks and Designs signed at London on the 20th October last.

I have the honour to be,

The Officer Administering the Government of

Sir,

Your most obedient, humble Servant,

HONGKONG.

J. CHAMBERLAIN.

PROTOCOL BETWEEN GREAT BRITAIN AND JAPAN RESPECTING

PATENTS, TRADE-MARKS, AND DESIGNS.

Signed at London, October 20, 1897.

Whereas, by Treaty, Her Britannic Majesty has jurisdiction in relation to her subjects within the dominions of His Majesty the Emperor of Japan;

Whereas, by Article XVII of a Treaty signed between Great Britain and Japan on the 16th July, 1894, it is stipulated as follows: The subjects of each of the High Contracting Parties shall enjoy in the dominions and the possessions of the other the same protection as native subjects in regard to patents, trade-marks, and designs, upon fulfilment of the formalities prescribed by law;'

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Whereas, by Article XX of the same Treaty, it is agreed that, from the date on which such Treaty comes into force, the jurisdiction then exercised by British Courts in Japan shall cease, and that such jurisdiction shall be assumed and exercised by Japanese Courts;

And whereas it has been agreed between the Governments of Great Britain and Japan that the provisions of the above-mentioned Article XVII shall come into force at once;

The Undersigned, duly authorized for that purpose by their respective Governments, have agreed upon the following Articles:-

ARTICLE I.

Her Britannic Majesty consents to renounce all extra-territorial jurisdiction at present exercisable by British Courts in Japan for the judicial hearing and determination of matters in difference between British subjects and subjects of His Majesty the Emperor of Japan, or for the repression of crimes or offences committed by British subjects, in so far as it applies to the protection of patents, trade-marks, and designs.