893.542/34: Telegram

The Acting Secretary of State to the Chargé in China ( Perkins )

393. Your 1019, November 20, 11 p.m. Communication of Minister Kung gives no assurance that American patent rights will be safeguarded pending enactment of law governing foreign patent rights. On the contrary, in the provisional regulations the Chinese Government definitely encourages the Chinese people to “adopt and apply foreign methods of manufacture” and provides machinery for the issuance of patent certificates, these patent registration facilities being [Page 612] available to Chinese citizens only. The Legation should accordingly address a formal communication to the Chinese Government referring to Minister Kung’s reply and stating that since existing regulations (see Article 1 of detailed regulations, page 4 of enclosure to Nanking’s despatch No. D–23 of September 3, 1929 to the Department73) definitely exclude foreigners from registering patents, the American Government requests the Chinese Government’s definite assurances that, pending the promulgation of Chinese laws regarding the protection of patent rights of foreigners, the patent rights of American citizens shall in no wise be infringed by any official acts taken by the Chinese Government under the existing regulations.

The Legation is authorized to make such alterations in or additions to this suggested communication as appear advisable.

Cotton
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