Minister Rockhill
to the Secretary of State.
American Legation,
Peking, December 18,
1905.
No. 173.]
Sir: Referring to my dispatch No. 165, of
December 6, 1905, informing you that I had effected an agreement with
the German minister for the reciprocal protection of trade-marks in
China, I now have the honor to inform you that I have this date made a
similar arrangement with the Italian minister.
I have the honor to inclose herewith copies of the notes exchanged with
the Italian minister.
I have, etc.,
[Inclosure 1.]
Minister Rockhill to the Italian
Minister.
American Legation,
Peking, December 18,
1905.
Mr. Minister and Dear Colleague: The
Government of the United States being desirous of reaching an
understanding with the Government of Italy for the reciprocal
protection against infringement in China, by citizens and subjects
of our respective nations of trademarks duly registered in the
United States and Italy, I am authorized by the Secretary of State
of the United States to inform you that effectual provision exists
in American consular courts in China for the trial and punishment of
all persons subject to the jurisdiction of the United States who may
be charged with and found guilty of infringing in any way
trade-marks of persons subject to the jurisdiction of Italy which
have been duly registered in the United States.
I beg that you will kindly inform me whether American citizens are
entitled to the same legal remedies in the consular courts of Italy
in China as regards the protection from infringement of their
trade-marks duly registered in Italy.
I have, etc.,
[Inclosure
2.—Translation.]
The Italian Minister
to Minister Rockhill.
Royal Italian Legation,
Peking, December 18,
1905.
Mr. Minister: I have the honor to
acknowledge the receipt of your note of to-day’s date, by which you
inform me that you have been authorized by your government to
conclude an arrangement with the Italian legation by means of an
exchange of notes for the reciprocal protection in China of American
and Italian trade-marks, and that hereafter infringements of
trade-marks, the property of Italian subjects, and duly registered
in the United States, by persons subject to the jurisdiction of
American consular courts in China, will be tried by the latter
according to law.
Having been duly authorized thereto by the Royal Government, I am
pleased to inform you that hereafter infringements of trade-marks of
American citizens, duly registered in Italy, by persons subject to
the jurisdiction of the Italian consular courts in China, will in
first instance, be tried according to the law by said courts, and on
appeal by the royal court of appeal of Ancona.
Please accept, etc.,
