Minister Rockhill
to the Secretary of State.
American Legation,
Peking, October 5,
1905.
No. 116.]Sir: Referring to the Department’s telegraphic
instruction of July 24 last, authorizing me to exchange with such of my
colleagues as I might find enabled by their governments to do so notes
for the reciprocal protection of trade-marks in China, I have now the
honor to transmit herewith copies of notes exchanged for the above
purpose, on the 3d instant, with the French minister.
* * * * * * *
I have, etc.,
[Inclosure l.]
Minister Rockhill to the French
Minister.
American Legation,
Peking, October 3,
1905.
Mr. Minister and Dear Colleague: The
Government of the United States being desirous of reaching an
understanding with the Government of the French Republic for the
reciprocal protection against infringement in China by citizens of
our respective nations of trade-marks duly registered in the United
States and France, I am authorized by the Secretary of State of the
United States to inform you that effectual provision exists in
American consular courts in China for the trial and punishment of
all persons subject to the jurisdiction of the United States who may
be charged with and found guilty of infringing in any way
trade-marks of persons subject to the jurisdiction of France which
have been duly registered in the United States.
I beg that you will kindly inform me whether American citizens are
entitled to the same legal remedies in the consular courts of France
in China as regards the protection from infringement of their
trade-marks duly registered in France.
I have, etc.,
[Inclosure
2.—Translation.]
The French Minister
to Minister Rockhill.
Legation of the French Republic in China,
Peking, October 3, 1905.
Mr. Minister and Dear Colleague: By your
dispatch of this day your excellency has been pleased to inform me
that, the Government of the United States of America being desirous
of reaching an understanding with the Government of the Republic for
the reciprocal protection of trade-marks, you have been authorized
to state to me that the American consular courts in China are
competent in all matters relating to the counterfeiting of
trademarks by persons under the jurisdiction of the United
States.
Any complaint made by a person under French jurisdiction to an
American consular court for the purpose of securing against persons
under American jurisdiction protection for a trademark duly
registered in the United States of America will be heard by said
courts in first instance and on appeal by the competent courts.
I have the honor to confirm to your excellency this declaration which
responds to the request I had made you.
So as to perfect the understanding thus arrived at by both countries
I am authorized to state on my side to your excellency that the
Government of the Republic will willingly insure in China protection
for duly registered American trade-marks which may be counterfeited
by persons under French jurisdiction.
To that end French consular courts in China for complaints in first
instance and the court of Saigon for appeals will be competent to
hear all such cases presented by persons under American
jurisdiction.
Please accept, etc.,
