893.542/50: Telegram

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

172. Your 436, May 15, 2 p.m. On May 16 Department brought substance of your telegram to the attention of Soong and Alfred Sze. Soong stated subsequently that he had telegraphed to his Government stating that he viewed with disapproval such action.

If favorable action on the part of the Chinese authorities is not forthcoming at an early date, you will inform the Minister for Foreign Affairs first orally and later, if that proves ineffective, in writing, that the Government of the United States regards the statement by the Minister of Industries as a flagrant case of official bad faith, as the statement is not only a declaration of an official intention to disregard the legal obligations of China under Article X of the treaty of 1903 to afford protection for American patents, but is also an invitation and encouragement to Chinese citizens to make the treaty violation certain, thereby despoiling American citizens of their legitimate property rights.

[Page 680]

You will add that the Government of the United States is confident that the Government of China will realize the impropriety of the statement of the Minister of Industries and the imperative necessity of an immediate and widely publicized governmental repudiation of the statement accompanied by a prohibition against the unauthorized use or infringement of American patents.

Please keep Department fully informed of any developments.