893.542/52: Telegram

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

514. Department’s 172, May 20, 2 p.m., was repeated to Peck with instructions that he convey to Minister for Foreign Affairs the essential information contained therein. Peck was informed that if oral representations proved ineffective the Legation would address a formal note to the Foreign Office as directed. On May 23rd Foreign Minister informed Peck that he would see what could be done to rectify the situation. As this matter is being handled by the Department of European and American Affairs of the Foreign Office, Peck stated that he would get in touch with the Director of that Department and explain just what was wanted in the way of public repudiation of the alleged rule of the Ministry of Industries. On June 7th I instructed Peck to renew the demand and to state that a strong [Page 681] note of protest would be delivered in the near future unless such repudiation were forthcoming. On June 8th in the absence of Foreign Minister, Peck called upon Director of the Department of International Affairs of the Foreign Office and made very strong representations. Director showed Peck copy of letter addressed by Ministry of Foreign Affairs to Ministry of Industries on May 24th and promised immediately to draft another letter to the Ministry of Industries to be despatched on morning of June 9th. He further agreed to telephone the department chief handling the matter in the Ministry of Industries in order to lend emphasis to the Legation’s representations. Peck further stated the Legation desired immediate action and that it would be satisfied with nothing less than having repudiations published in a number of journals and that such repudiation should call attention of the public to the fact that Chinese Government had entered into treaty engagement giving protection to American patents and should state that it was not true that articles patented in foreign countries enjoy no patent rights within the jurisdiction of China. I shall inform the Department by telegraph of future developments.68

  1. The Minister in China, in his telegram No. 607, July 20, 10 a.m., reported his “strong formal note of protest” on July 11 to the Chinese Minister for Foreign Affairs (893.542/57).