Minister Rockhill
to the Secretary of State.
American Legation,
Peking, July 8,
1905.
No. 26.]Sir: I have the honor to acknowledge the
receipt of Department’s instruction, No. 4, of April 17, by which I am
directed to effect an agreement, if possible, by an exchange of notes
with the British minister at Peking, “whereby consular courts of the
United States in China may protect British subjects against the
infringement by American citizens in China of such of their trade-marks
as have been duly registered in the United States, and the British
consular courts may afford like protection to American citizens against
the infringement by British subjects of such of their trade-marks as
have been duly registered in Great Britain.”
In reply I have the honor to report that this agreement has been effected
by an interchange of notes, copies of which are transmitted herewith,
and a circular inclosing these has been sent to all American consular
officials concerned. The stipulation that the consent of the British
minister or chargé d’affaires must be obtained, as a matter of form, on
each occasion is made necessary by an order in council regulating such
questions.
I avail myself of this opportunity to recommend earnestly that whenever
it is possible similar arrangements be made with other powers, more
especially with Germany and Japan. If this were done it would, in my
opinion, prove more effectual as a protection for American trade-marks
in China than any other step that could be taken.
I have, etc.,
[Page 170]
[Inclosure 1.]
Minister Rockhill to the British
Minister.
American Legation,
Peking, June 28,
1905.
Mr. Minister and dear Colleague: The Acting
Secretary of State of the United States has informed me in an
instruction dated April 17, 1905, that you have been authorized by
your government to enter into a reciprocal agreement with me for the
mutual protection of trade-marks registered in the United States and
Great Britain against infringement in China by the citizens or
subjects of our respective nations, and he has given me authority to
effect with you by an exchange of notes an agreement for the
reciprocal protection of American and British trade-marks in
China.
In pursuance of the general agreement reached between our respective
governments on the subject, it affords me much satisfaction to agree
on behalf of the Government of the United States that henceforth
trade-marks of British subjects, having been duly registered in the
United States of America, will be protected against infringement by
such persons as come under the jurisdiction of the United States
consular courts in China, in which effectual provision exists for
the punishment of such infringements by American citizens.
I have, etc.,
[Inclosure 2.]
The British Minister
to Minister Rockhill.
Mr. Minister and dear Colleague: I have the
honor to acknowledge the receipt of your letter of this date,
informing me that you have been authorized by your government to
effect with me by an exchange of notes an agreement for the
reciprocal protection of American and British trade-marks.
I beg to thank you for this communication, and to assure you that it
affords me much satisfaction to enter into this reciprocal
agreement, and henceforth protection will be afforded in China by
His Britannic Majesty’s supreme court for China and Korea and the
provincial courts to trade-marks of citizens of the United States
which have been duly registered in Great Britain in conformity with
“The Patents, Designs, and Trade-marks Acts, 1883 to 1888.”
At the same time it appears necessary to mention that the consent in
writing of His Majesty’s minister or chargé d’affaires must be
obtained on each occasion, which consent will be given as a matter
of course in consequence of the assurance contained in your note
under reply that effectual provision exists for the punishment in
the United States consular courts in China of infringement by such
persons as come under the jurisdiction of those courts of the
trade-marks of British subjects which shall have been duly
registered in the United States of America.
I have, etc.,
