Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 8, 1908
File No. 406/245–259.
Chargé Jay to the Secretary of State.
Tokyo, September 7, 1908.
Sir: Referring to my No. 408 of August 23, I have the honor to transmit herewith carefully revised translations of the ordinances recently promulgated relating to the protection of industrial and literary property in Korea and China, together with translations of the regulations for carrying out the above ordinances.
I have, etc.,
The Imperial Ordinances Relating to the Protection of Industrial Property Rights and Copyrights in China and Korea, the Regulations Relating to the Organization of the Patent Office of the Residency General, and the Imperial Ordinance Relating to the Official Ranks and Salaries of the Staff of the Said Office.
We hereby sanction and cause to be promulgated the Korean patent ordinance.
[Sign manual.]
[Privy seal.]
(Countersigned.)
Minister President.
Minister for Foreign Affairs.
Imperial Ordinance No. 196.—Korean Patent Ordinance.
Article I.
With reference to patents in Korea the Patent Law shall be followed; but the term “Empire” in the said Law shall be understood to mean “Korea,” the “Patent Office” to mean “Patent Office of the Residency-General,” the “Court of Law” to mean “Residencies and the Residency-General Court,” the “District Court” to mean “Residencies,” and the “Supreme Court” to mean “Residency-General Court.”
With reference to the application of this Ordinance, the term “Empire” mentioned in Article 6 of the Patent Law shall be understood to mean “Japan” and “Korea.”
Article II.
This Ordinance shall also be applicable to subjects or citizens of countries which accord to Japanese and Korean subjects reciprocal protection with reference to inventions, and which do not exercise extraterritorial jurisdiction in Korea with reference to the protection of inventions.
Supplementary Articles.
Article III.
This Ordinance shall take effect on and after August 16, 1908.
Article IV.
Patents obtained in Japan by Japanese subjects, Korean subjects or American citizens prior to the operation of this Ordinance shall be regarded as having [Page 530] been obtained in Korea in accordance with this Ordinance; but the term of the said patents shall correspond to the term of the same in Japan.
Any owner of the patents mentioned in the preceding paragraph shall not set up his patent against a person actually using in Korea at the time of the operation of this Ordinance the product or the process of the invention in question, or against his successor.
Article V.
Inventions for which patents have been obtained in the United States by Japanese subjects, Korean subjects or American citizens prior to the operation of this Ordinance may be patented free of charge if application be made therefor to the Patent Office of the Residency-General within one year from the date of operation of this Ordinance; but the term of the said patent shall correspond to the term of the same in the United States.
We hereby sanction and cause to be promulgated the Korean design ordinance.
[Sign manual.]
[Privy seal.]
(Countersigned.)
Minister President.
Minister for Foreign Affairs,
Imperial Ordinance No. 197.—Korean Design Ordinance.
Article I.
With reference to designs in Korea the Design Law shall be followed; but the term “Minister of Agriculture and Commerce” in the said Law shall be understood to mean “Resident-General”, the “Patent Office” to mean “Patent Office of the Residency-General” the “Court of Law “to mean “Residencies and Residency-General Court”, the “District Court” to mean “Residencies”, and the “Supreme Court” to mean “Residency-General Court”.
With reference to the application of this Ordinance the term “Empire” mentioned in Article 6 of the Patent Law shall be understood to mean “Japan” or “Korea”.
Article II.
Designs identical with or similar to the Imperial Crest of Japan or of Korea in form or patent shall not be registered.
If a registered design is in contravention of the provisions of the preceding paragraph, the said registration shall be invalid.
Any person who has discovered that a registered design falls under the provisions of the preceding paragraph may apply for a trial to the Patent Office of the Residency-General for the imrpose of cancelling the said registration.
Article III.
This Ordinance shall also be applicable to subjects or citizens of countries which accord to Japanese and Korean subjects reciprocal protection with reference to designs and which do not exercise extraterritorial jurisdiction in Korea with reference to the protection of designs.
Supplementary Articles.
Article IV.
This Ordinance shall take effect on and after August 16, 1908.
Article V.
Designs registered in Japan prior to the operation of this Ordinance by Japanese subjects, Korean subjects or American citizens shall be regarded as [Page 531] having been registered in Korea in accordance with this Ordinance; but the term for the exclusive use of the said designs shall correspond to the term for the exclusive use of the same in Japan.
Any owner of the registered designs mentioned in the preceding paragraph shall not set up such registration against a person actually using in Korea at the time of the operation of this Ordinance the design in question, or against his successor.
Article VI.
Japanese subjects, Korean subjects or American citizens whose designs have been registered in the United States prior to the operation of this Ordinance may have the same registered free of charge, in case they apply for registration to the Patent Office of the Residency-General within one year from the date of operation of this Ordinance; but the term for exclusive use of the said designs shall correspond to the term for exclusive use of the same in the United States.
We hereby sanction and cause to be promulgated the Korean Trade-Mark Ordinance.
[Sign Manual.]
[Privy Seal.]
(Countersigned.)
Minister President.
Minister for Foreign Affairs.
Imperial Ordinance No. 198.—Korean Trade-Mark Ordinance.
Article I.
With reference to trade-marks in Korea the Trade-Mark Law shall be followed; but the term “Empire” in the said law shall be understood to mean “Korea,” the “Minister of Agriculture and Commerce” to mean “Resident-General,” the “Patent Office” to mean “Patent Office of the Residency-General,” the “Court of Law” to mean “Residencies and the Residency-General Court,” the “District Court” to mean “Residencies,” and the “Supreme Court” to mean “Residency-General Court.”
With reference to the application of this Ordinance the term “Empire” mentioned in Article 6 of the Patent Law shall be understood to mean “Japan” or “Korea.”
Article II.
Trade-marks bearing devices identical with or similar to the Imperial Crest, national flag, military standards or orders of merit of Japan or Korea or the national flags of other countries shall not be registered.
If a registered trade-mark is in contravention of the provisions of the preceding paragraph, the said registration shall be invalid.
Any person who has discovered that a registered trade-mark falls under the provisions of the preceding paragraph may apply for a trial to the Patent Office of the Residency-General for the purpose of cancelling the said registration.
Article III.
This ordinance shall also be applicable to subjects or citizens of countries which accord to Japanese and Korean subjects reciprocal protection with reference to trade-marks, and which do not exercise extraterritorial jurisdiction in Korea with reference to the protection of trademarks.
Supplementary Articles.
Article IV.
This ordinance shall take effect on and after August 16, 1908.
[Page 532]Article V.
Trade-marks registered in Japan by Japanese subjects, Korean subjects or American citizens prior to the operation of this Ordinance shall be regarded as having been registered in Korea in accordance with this Ordinance; but the term for the exclusive use of the said trade-marks shall correspond to the term for exclusive use of the same in Japan.
Article VI.
With reference to merchandise bearing, prior to the operation of this ordinance, a trade-mark entitled to protection in accordance with the provisions of the preceding Article or a trade-mark similar to the same, the provisions of Article 16 of the Trade-Mark Law shall be applicable only to such persons as, after six months from the date of operation of this Ordinance give, sell or store for sale the said merchandise.
Article VII.
With reference to trade-marks registered in the United States prior to the operation of this Ordinance by Japanese subjects, Korean Subjects or American citizens, no registration fee shall be collected if any owner of the said trademarks apply for registration to the Patent Office of the Residency-General within one year from the date of operation of this Ordinance.
We hereby sanction and cause to be promulgated the Korean trade name ordinance.
[Sign manual.]
[Privy seal.]
(Countersigned.)
Minister President.
Minister for Foreign Affairs.
Imperial Ordinance No. 199.—Korean Trade Name Ordinance.
Article I.
With reference to the trade names in Korea the Commercial Code and the Code of Procedure relating to Non-Contentious Matters shall be followed; but the term “cities, towns and villages” (Shi-Cho-Soa) in the said Codes shall be understood to mean “Fu and Gun”, the “prefectures” (Fu-Ken) to mean “Do”, the “Court of Law” to mean “Residencies and the Residency-General Court”, the word “Japan” to mean “Korea”, the “Minister of Justice” to mean “Resident-General”.
Article II.
This Ordinance shall also be applicable to subjects or citizens of countries which accord to Japanese and Korean subjects reciprocal protection with reference to trade-marks, and which do not exercise extraterritorial jurisdiction in Korea with reference to the protection of trade-marks.
Supplementary Articles.
Article III.
This Ordinance shall take effect on and after August 16, 1908.
Article IV.
The provisions of Article 16 of the Commercial Code shall not be applicable to those trade names which have been used in Korea since the time prior to the operation of this Ordinance.
[Page 533]We hereby sanction and cause to be promulgated the Korean Copyright Ordinance.
[Sign manual.]
[Privy seal.]
(Countersigned.)
Minister President.
Minister for Foreign Affairs.
Imperial Ordinance No. 200.—Korean Copyright Ordinance.
Article I.
With reference to copyrights in Korea the Copyright Law shall be followed; but the term “Empire” in the said Law shall be understood to mean “Korea the” Court of Law” to mean “Residencies and the Residency-General Court”.
Article II.
This Ordinance shall also be applicable to subjects or citizens of countries which accord to Japanese and Korean subjects reciprocal protection with reference to copyrights, and which do not exercise extraterritorial jurisdiction in Korea with reference to the protection of copyrights.
Supplementary Articles.
Article III.
This Ordinance shall take effect on and after August 16, 1908.
Article IV.
Copyrights possessed in Japan by Japanese subjects, Korean subjects or American citizens prior to the operation of this Ordinance shall be protected by this Ordinance.
Article V.
Japanese subjects, Korean subjects or American citizens whose copyrights have been registered in the United States prior to the operation of this Ordinance may apply for registration free of charge of the said copyrights to the Patent Office of the Residency-General within one year from the date of operation of this Ordinance.
Article VI.
Any person who without the consent of the holder of a copyright, has reproduced, translated or performed, or has commenced to reproduce, translate or perform in Korea prior to the operation of this Ordinance the works of Japanese subjects, Korean subjects or American citizens which are protected in Japan or the United States may complete the same and sell, or distribute or perform the same during one year following the date of operation of this Ordinance.
Article VII.
In the cases mentioned in the preceding Article the reproduction shall only be sold, distributed or performed subject to the procedure determined by an Ordinance of the Residency-General.
We hereby sanction and cause to be promulgated the ordinance relating to the protection of rights of patents, designs, trade-marks, and of copyrights in the Province of Kwantung and in other countries where Japan may exercise extraterritorial jurisdiction.
[Sign manual.]
[Privy seal.]
(Countersigned.)
Minister President.
Minister for Foreign Affairs.
Imperial Ordinance No. 201.
Article I.
The validity of rights of patent, design, trade-marks, and of copyright enjoyed in Japan by Japanese or Korean subjects shall extend to Japanese and Korean subjects in the Province of Kwantung and other countries where Japan may exercise extraterritorial jurisdiction.
Article II.
The provisions relating to penalties in the Patent Law, Design Law, Trade-Mark Law, and Copyright Law shall be applicable to Japanese and Korean subjects in the province of Kwantung and countries where Japan may exercise extraterritorial jurisdiction.
Article III.
With reference to industrial property rights and copyrights enjoyed in Japan by subjects or citizens of countries other than Japan and Korea, the provisions of the two preceding Articles shall be applicable only when such other countries afford protection of industrial property rights and copyrights to Japanese and Korean subjects in foreign countries where the said countries may exercise extraterritorial jurisdiction, and when the said countries do not exercise extraterritorial jurisdiction in Korea with reference to the protection of industrial property rights and copyrights.
Supplementary Articles.
Article IV.
This Ordinance shall take effect on and after August 16, 1908.
Article V.
Any person who has on hand for sale at the time this Ordinance takes effect, merchandise fraudulently bearing trade-marks owned by another person and entitled to protection by virtue of this Ordinance, or bearing imitations of such marks, shall remove or cancel the said trade-marks or withdraw the said merchandise from market in China within six months after the operation of this Ordinance.
Article VI.
Any person who, without the consent of the holder of a copyright, has reproduced, translated or performed, or has commenced to reproduce, translate or perform in China prior to the operation of this Ordinance, the works copyrighted in Japan or the United States by Japanese subjects, Korean subjects or American citizens may complete the same, and sell, distribute or perform the same during one year following the date of operation of this Ordinance.