classes of goods, for over two years prior to the let of January, 1905, the assumed date on which registration would have come into force, had the regulations provod satisfactory.
THE HONGKONG WEEKLY PRESS AND
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Britannic Majesty's Commercial Attaché bas publicly announced, Article 8c. of the provision- al rules. And such a proposition would also be in harmony with the views of the Manches
« All such marks have hitherto enjoyed protecter Chamber of Commerce, which desires that tion on the ground of equity.
Now I rasties should not put them in a worse position than heretofore. It may only seem jair that, to obtain protection, rezistration should be insisted upon. But registration is complicated in China by the extra-territorial status of foreigners. Presumably the Chinese Registrar would have no option, if called upon, but to register all marks, duly registed in foreign countries, and owners thereof could use them indiscriminate'y in China; e.g. any ‘chop" registered in London. Tokyo, Berlin, Washington, Rome, or Paris could be registered and used in China. to the detriment of the business of the original owner of such device.
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Now China can not legislate for foreigners, and to get out of this difficulty it is suggested that the regulations be divided into classes, as was originally proposed by the Commissioners of Customs, appointed to draw up registration rules early last year. The division would be
a mewhat as follows :--
I, Trade-marks or chops, owned by foreigners for use on goods of non-Chinese origin.
II-Marks used by Chinese or foreigners on goods of Chinese origin.
In order, however, to safeguard existing rights, Class I must be further subdivided into two categories: pre-Treaty and •st- l'reaty marks. Under the former to be included all
P
marks duly registered abroad, and marks, in which, although not registered in a foreign country, proprietary rights are claimed and which were in use in China at the tinie the British Treaty was signed, say the ist of January, 1993, Under the latter any marks introduced since or to be introduced hereafter.
*
Post-Treaty marks and marks in Class II would be registered in accordance with such rules, and on payment of such fees as would commend themselves to the Ministers, and the measure of protection accorded against Chinese infringing the same must not be less than that set forth in regulation 21 of the provisional rules. The procedure with regard to pre-Treaty marks ought to be totally different. All holders of such marks should be called upon to file with the Chinese Registrar," for purposes of record' complete lists and copies of the marks. they had in public use in Chins up to 1903, accompanied by a declaration of the classes of goods which they had up to that date covered. On this having been done, the Chinese Government ought then to publish full particulars of all marks so filed, and announce that, while they will not entertain any applications for regis- tration, either on the part of the original owners or of other individuals in respect of these marks, or of marks similar thereto, for the classes of goods for which they have pre- viously been used, they will extend to them, in the case of infringement thereof by Chinese subjects, the same protection they propose to grant to duly registered post-Treaty or Chinese marks. In return herefor, holdets should
pay a small recording fee, less than the registration fee.
The Chinese Government must also, prior to fixing a date for entertaining applications to register marks, determine a sufficient period to permit of a wide circulation of the list of recorded marks, so that applicants to register may be fully posted beforehand as to what marks they can or cannot register, and thus minimise all chances of wearisome processes to obtain injunctions.
As to disputes, which may arise between for- eign holders of recorded marks. the Chinese Government have no concern. Those must in the future, as in the past.be 'fought out by for. eigners themselves, on the same lines as they fought them out before the British Treaty cime into being. Transfers of such marks will equally have to be matter of mutual arrangement be- tween foreigners.
All China can promise to do is to punish her subjects who infringe them and to refrain from introducing unnecessary complications by entertaining applications, on the part of for eigners of different nationalities, to register
them and use them in China.
To ark China to adopt some arrangement of this kind is to do no more than to interpret in its literal sense, if we are to believe wht His
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marks, hitherto in use in China, should have prior.or preferential treatment.
Seeing how large a proportion of the marks, for which this preferential treatment is claimed, are used on textile and other goods, which have male a name for themselves, it seems but fair to accord to them immunity from wanton agres- sion.
F. ANDERSON.
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(January 28, 1905.
RE-ELECTION OF CHAIRMAN. The Hon. Dr. Ho KAI had much pleasure in proposing the re-election of, Mr. Brewin as chairman for the coming year. It was undèces. sary for the propo-er to ay mach with regard to the way the chairm in had carried out his duties. It was entirely due to his energetio action in 1904 that the balance of $3,600 odd was wiped off. Everyone knɔw the troub e accompanying the wiping off of that amount, In Mr. Brewin they had a most en rgetic and sympathetic chairman of the Finance Commit- tee, and he cert inly thought that no one in the colony could occupy that: position in a more effective manner tha he (Mr. Brewin) had. He would a-k alt present to re-elect the chairman for the ensuin yar.
I
Mr. Tso seconded the motion, which was unanimously agreed to,
As is well known, the views of the individual Treaty Powers, as to what constitutes owner. ship in a trade-mark differ the ose from the other, and were Chion a completely independent sovereign State, she could lay down a separate law of her own. Having, however, surrendered certain of her sovereign rights, she The Hon. Mr. BEEWIN said: I thank you for curtailed her liberty of action, and has to find your kindness shown in acknowledging the some means of satisfying, as far as it may be kind way Dr. Io Kai his spoken of me, which possible to do so, conflicting interests of all who I am sure I do not merit. ft.is ve y gratifying irade with her. As far as can be foreseen, the to read the good record of progress made by the adoption of the foregoing scheme entails hard-Hospital since 1887, the steady increa e in the ship on the nationals of no single country, number of patients, and the large additions to Each individual continues to enjoy vis-à-vis his the accommodation. I am very glad to know that competitors, the same privileges as he had during the present year we shall have another before, and, for the payment of a nominal fee. reminder in existence in Hongkong of the debt he secures the fullest protection against Chinese we owe to the philan hropy of Dr. He Kai and fraudulent imitators of his marks. Nor can his family. We must all know of the Doc'or's the newcomer complain. He wishes to intro- wish that the Maternity Hospital will extend duce a novelty on the market; let him then pav rapidly. May I sug.est to those most keenly a reasonable fee for securing protection, but do interested in this work, tha perhaps the
wish not let him, ou the plea that Article VII of the best way of furthering that
is the British Treaty disestablishes the existing order establishment of what is called in India of things, seek to frespass on the rights of a Zenana Mission. Considerable support is others.
received by the Chinese at present, as cai be seen by the names on the committe. These gentlemen who subscrib woull never dream of calling in a European doctor or a Chinese
them. graduate to attend
Under these circumstan es. it we receive their support, imagine what it would be if they were practically benefiting from the hospital. At present they are purely actuated to subscribe by abstract evidence. Until we have penetrated into Chinese families-which can on y be done by the advent of a lady doctor-an i convinced the Chinese ladies that they and their children wil derive practical benefit from European doctors, we cannot expect. I think much greater assistance than receive at present. Should we succeed in doing, so the support from the Chine e Community would. I am sure, ampy repay any expense. Mr. WELLS iu submitting his report, said Mr. Wells aul Dr Ho Kai ar very kind in that it was closed a month in advance of remarking what I have done towa ds wiping previous years, and if receipts for this mouth off the hospital's debt. I did little more than were placed against the expenses, the account
receive the money and hand it over, and have to thank members of the Finance Committee for would very nearly balance.
The last exceptionally heavy expenditure this year in the their cordial an 1 practical support
About $800 has been paragraph in the report alludes o D, Gibson matter of furniture. spent in th's connection, and mainly in conn cgoing on furlong. You will all agree with tion with the Maternity Hospital. but thauks me is wishing him bon goyage, and permitting to Mr. Brewin, Mr. Chan Sui Kei an other him to recruit his he Ith after the arduous friends, they had been able to clear off this labour which the post he holds entail.
Shanghai, 14th January, 1905.
ALICE MEMORIAL HOSPITAL.
-10:
The annual meeting of the Finance Com- mittee of the Alice Memorial, Netherale and Alice Memorial Maternity Hospitals was held in the hospital on the 23rd January, when there were present Hon. Mr. Brewin (Chairman), Dr. Mitchell, Thomson and Ho Kai. Revs. H. R. Wells and Peare, Mosers S. W. Tso, A. Mackenzie, A. Rumjahu. Chan Sui Kei and Clark and Dr. Gibson (Secretary).
Minutes of the last annual meeting were coa- firmed.
balanc-4.
TREASURER'S RE 'O T.
There had been an
We
Dr. GIBSON thanked the members of the com- Mr. RUMJAHN moved the a'loption of the mittee for their kind wishes. His work was a report.
plea-ure to him, and he hoped to resume it Mr. CHAU SUI KEI seconded the motion after his short holiday. which was agreed to.
BALANCE SHEET.
at woul
In presenting the balance sheet, of the Alice Memorial Mat rnity Hospital Building Fund, Dr. Gibson said the hospital opened free of debt. With Dr. Ho Kai and others, funds had com › in as promised. He was glad, in, leaving for a holiday, that he could leave with th fund entirely clear.
Dr. HOMSON mor-d, and the Rev. T. W. PEARCE seconded, that the bilance sheet as submitted be adopted. The motion was carried
A VOTE OF THANKS.
Mr. A. MACKENZIE moved a vote of thanks to those who had been at work in connect on, On Mr. with the accounts during the year. Wells, as honorary treasurer, a great deal of work devolved. Although the work might not look heavy to outsiders, there was a good deal
to do from week to week and from month to
month. He could assure the committee they were fortunate in securing the services of a man like Mr. Wells. They also owed a hearty vote of thanks tɔ Mr. Lawson,
He had done his work carefully the auditor. and well as they all knew. and well deserved
the thanks of the Finance Committee.
[On account of pressure cause by our late telegrams, we are holding over some extracts from the printe I report of this institution.]
From the report of the institution, tha
ara extrict- following
tak p: -Totals for. 1904 Tu-Patient, 864; Out-Patinuts (Individnil 'ases) 14,796, Vis.ts of Oat-Patiruts, 27,785.-Throughout the year the number of
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8.71
treated has bo.in well maintaind, the out-patient d pirt neut showing in. oreass of 1,359 over returs for 1903. The Alice Memorial Maternity Hospital was opened in Juas, and by providing accommodation for obstetrical cases, isolated from the general hospital wards, the work has been rendered more complete anl more in accordano, with moderu medical idea. It is gratifying that. through the generous help of friends at Home and in the Colony the Maternity Hospital his been erect, furnished, and (as the bilance
shest shows) no debt remains on the building. In 1887 the Alice Memorial Hospita' was open- ed, in 1893 thi Nethersole H spital, in 194 the Alios Memorial Maternity Hospital, and in 1905 the Ho Mui Ki Hospital, which bas already been begun, will be completed." "Ihe faith of those who began the work in 1887 has
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