893.542/34: Telegram

The Minister in China (MacMurray) to the Secretary of State

1019. Your 376, November 16, 5 p.m. In connection with law mentioned I addressed, on October 16th, a note to the Minister of Industry, Commerce and Labor,72 inviting attention to the fact that new law makes no provision for protection of American patents in China on the basis of the reciprocal treatment specified in article 10 of the 1903 treaty, and requested information as to the procedure which Americans should follow in order to obtain for their patents the protection in China provided by that treaty in order to establish reciprocity in the matter. In his reply Dr. Kung states, with reference to the law promulgated on June 18th, 1928:

“These regulations constitute a temporary procedure for promoting domestic industries and are neither a new medium nor a patent law. As regards the universal patent rights, this Ministry is collecting the established rules of the several countries for deliberation and adoption in the proposed enactment of such a law in order that a bureau may be established to carry it out.”

In view of this, does the Department desire further representations made at this time?

  1. Not printed.