File No. 406/52–54.
Minister Rockhill
to the Secretary of State.
American Legation,
Peking, March 25,
1907.
No. 567.]
Sir: In further acknowledgment of your
instruction No. 226 of December 21, 1906,a I have the honor to inform you that I
communicated the substance of this instruction to the diplomatic
representatives of Austria-Hungary, France, Germany, Great Britain, and
Italy, who compose the committee appointed in 1905 by the diplomatic
body for the drafting of a project of regulations for the protection of
trade-marks in China.
I inclose copy of the note I addressed to the French minister on the
subject. Those sent to his colleagues on the committee were
substantially the same.
I gather from the replies I have received to these notes, as well as from
conversations with my colleague, that they are without instructions on
the matter and that they have had to refer the question of the
acceptance of the additional clause to Article VII of the draft to their
Governments.
The whole question of protection of trade-marks has been complicated
within the last three months by the, Chinese ministry of commerce
[Page 250]
preparing and submitting to
the diplomatic body, through the Wai wu Pu, a new draft of regulations
(copy of which I inclose), which differs very materially from the draft
of the diplomatic body;—the one we accept with the additional clause to
Article VII.
The Wai wu Pu has asked the diplomatic body to give acceptance to the
regulations of the ministry of commerce, but no reply has been made or
indication given that these regulations will even be considered.
Even the diplomatic body’s regulations seem no longer to find favor with
the whole commercial world. I am given to understand that an attempt may
be made to introduce some further modifications into them before
forwarding them to the Chinese Government. At all events, final action
on the part of the diplomatic body seems as remote as ever. I will do
all I can to hasten it.
The secret of the lack of interest in the adoption and putting into force
of regulations for the protection of trade-marks in China seems to be
the general belief of business men that foreign interests need have no
apprehension of suffering from infringements and fraudulent imitations
of trade-marks by the Chinese for years to come; while they contend at
the same time that protection in China against Japanese infringements of
trade-marks is most urgent and should precede any attempt on the part of
China to protect foreign trade-marks.
I have, etc.,
[Inclosure 1.]
Minister Rockhill to the French
minister.
American Legation,
Peking, February 27,
1907.
Mr. Minister and Dear Colleague: I have the
honor to inclose herewith for your information a copy of a note
addressed by the ambassador of the French Republic in Washington to
the Secretary of State of the United States, advising him that the
Government of the Republic sees no objection to the inclusion in the
draft regulations for the protection of trade-marks in China,
prepared by a committee of the diplomatic representatives in Peking,
of the following clause deemed necessary by the American Government,
at the end of Article VII:
“The right of priority shall extend only to such trade-marks as have
been registered in a foreign country after the going into effect of
the law.”
Subject to this addition, my Government has authorized me to inform
the diplomatic representatives of the powers in Peking that it
accepts the above-mentioned project of regulations.
The German ambassador in Washington has also informed the Secretary
of State of the United States that the German Government would offer
no objection to the insertion of the above-quoted clause.
I am writing to our colleagues, the ministers of Austria-Hungary,
Germany, and Great Britain, and to the chargé d’affaires of Italy,
who are with you on the committee, informing them of the above facts
and expressing the hope that they will likewise concur in the
insertion of the clause quoted.
I trust that your committee will be able to secure the acceptance of
the additional clause by the representatives of the powers at
Peking, when efforts may be made to induce the Chinese Government to
put the regulations into effect.
I avail myself, etc.,
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[Inclosure 2.]
The Wai-wu Pu to
Minister Rockhill.
Peking, December 5,
1906.
Your Excellency: I have just received the
following communication from the board of agriculture, industries,
and commerce:
“The bureau of trade-marks, connected with the board ever since the
winter of last year, has given special attention, in conjunction
with the official advisers of the bureau, to the preparation of
regulations and the establishment of the necessary offices. All
being now reported as complete, it becomes urgently necessary to
arrange for the commencement of operations.
“We find that year before last various representatives of foreign
governments in Peking made objections (to the proposed regulations),
the most important of which related to two matters: The provisions
for judicial decisions and the fees. In the new regulations it is
definitely stated that the judicial procedure shall be in accordance
with the provisions of the Chefoo convention and the Tientsin
treaties with regard to criminal suits. As to the fees, these, too,
have had our careful consideration and have been reduced by
one-third, in substantial agreement with the views of the several
representatives of the foreign powers in Peking. We have the honor
now to forward herewith copies of the new regulations which have
been prepared, and to request that your board will transmit them to
the various representatives of the powers in Peking for their
consideration, with request for an early reply, so that we may fix a
date for putting them into force.”
It becomes my duty, therefore, to send your excellency a copy of the
new trade-mark regulations which have been prepared, that you may
examine them and send me an early reply, that I may communicate the
same to the board of agriculture, industries, and commerce, so that
a date may be fixed for putting the said regulations into force.
A necessary dispatch.
[seal of the wai-wu pu.]
