Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State

Mr. Dun to Mr. Olney.

Legation of the United States,
Tokyo, Japan, December 21, 1896. (Received Jan. 13, 1897.)

No. 438.]

Sir: I have the honor to inclose herewith copy of a note dated the 11th instant addressed by me to His Imperial Japanese Majesty’s minister of foreign affairs, and of Count Okuma’s reply thereto, dated the 14th instant, in regard to bringing into immediate operation Article XVI of the new treaty between the United States and Japan.

This correspondence was the result of a mutual understanding on the part of Count Okuma and myself to complete the records of the foreign office and of this legation in regard to negotiations that had been transferred to Washington.

I beg to call your attention to the last paragraph of Count Okuma’s note, in which he reserves for future discussion the question of jurisdiction and enforcement of the laws of Japan regarding industrial property.

I have, etc.,

Edwin Dun.

[Inclosure 1 in No. 438.]

Mr. Dun to Count Okuma.

Legation of the United States,
Tokyo, Japan, December 11, 1896.

Sir: I have the honor to acknowledge the receipt of your excellency’s note No. 9, of date the 12th ultimo, informing me that the ratification of the treaty of commerce and navigation recently concluded between Japan and Germany would be exchanged at Berlin on November 18 last, and that the article of that treaty reciprocally guaranteeing national treatment in the matter of protection of industrial property, would come into operation at the time such exchange was effected.

In order to avoid even the appearance of discrimination against the citizens of the United States, your excellency informs me that the Imperial Government are prepared to consult the wishes of the Government of the United States with reference to bringing into operation Article XVI of the new treaty between the United States and Japan, and, finally, your excellency makes certain proposals in regard to the manner of effecting that object.

I at once telegraphed the substance of your excellency’s note to my Government, and I am now in receipt of instructions from the honorable Secretary of State, informing me of the willingness of my Government to conclude an arrangement for the reciprocal protection of industrial property on the basis proposed by your excellency in the last part of the note under reply.

Referring to the request made by your excellency subsequent to the receipt of your note by me, that the United States should surrender jurisdiction over American citizens to the courts of Japan in all matters pertaining to the enforcement of Japan’s laws for the protection of industrial property, I am persuaded, in view of the time that has elapsed since that request was submitted to the honorable Secretary of State, that my Government would experience much difficulty in complying with that request at this time.

I hope, however, in view of the expressed readiness of the United States to extend reciprocity to Japanese subjects, that your excellency will find it possible to enter into some arrangement under which citizens of the United States will not be placed at a disadvantage in this respect with the citizens or subjects of any other treaty power.

I avail, etc.,

Edwin Dun.

[Inclosure 2 in No. 438—Translation.]

Count Okuma to Mr. Dun.

The Gwaimusho, Tokyo, December 14, 1896.

Sir: I have the honor to acknowledge the receipt of your excellency’s note of the 11th instant in reply to mine of the 12th ultimo in reference to the immediate operation of Article XVI of the new treaty between our respective countries.

In view of the circumstances and considerations which your excellency presents, and wishing, moreover, to give renewed evidence of their spirit of conciliation, the Imperial Government, in order to expedite the adjustment of the question and thus to effectually prevent the discrimination which your excellency is anxious to guard against, have, by wire, authorized His Imperial Majesty’s representative at Washington to conclude an arrangement having for its object the immediate reciprocal enjoyment of national treatment in all that concerns the protection of patents, trade-marks, and designs.¹

In making this announcement to your excellency I beg to reserve for future discussion the question of jurisdiction and enforcement of the laws of Japan regarding industrial property.

I avail myself of this occasion, etc.,

Count Okuma Shigenobu,
Minister for Foreign Affairs.

1. A treaty between the United States and Japan for the reciprocal protection of patents, trade-marks, and designs was signed on January 13, 1897, by Mr. Olney and Mr. Torn Hoshi. It has received the approval of the Senate and been ratified by the President. The exchange of ratifications, which has not yet been effected, is to take place at Tokyo.