Minister Rockhill
to the Secretary of State.
American Legation,
Peking, October 26,
1905.
No. 130.]Sir: Referring to my dispatch No. 116 of
October 5, 1905, informing you that I had effected an agreement with the
French minister for the reciprocal protection of trade-marks in China, I
now have the honor to inform you that on October 23 I effected a similar
agreement with the minister of The Netherlands.
I have the honor to inclose herewith copies of the notes exchanged with
the minister of The Netherlands.
I have, etc.,
[Inclosure 1.]
Minister Rockhill to the Netherlands
Minister.
American Legation, Peking, October 23,
1905.
Mr. Minister and Dear Colleague: The
Government of the United States being desirous of reaching an
understanding with the Government of The Netherlands for the
reciprocal protection against infringement in China by citizens of
our respective nations of trade-marks duly registered in the United
States and The Netherlands, 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 trademarks of persons subject to the jurisdiction of The
Netherlands 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 The
Netherlands in China as regards the protection from infringement of
their trade-marks duly registered in The Netherlands.
I have, etc.,
[Inclosure
2.—Translation.]
The Netherlands
Minister to Minister Rockhill.
Royal Legation of The Netherlands,
Peking, October 23, 1905.
Mr. Minister and Dear Colleague: Under date
of the 23d of October, 1905, your excellency was pleased to inform
me by your note that the Government of the United States of America
was desirous of reaching an agreement with the Government of The
Netherlands concerning the reciprocal protection of trade-marks in
China. You added that you had been authorized to declare that the
American consular courts in China had jurisdiction in all matters
concerning the infringement of trade-marks by persons under the
jurisdiction of the United States, and that consequently complaints
made by any person subject to the jurisdiction of the consular
courts of The Netherlands in China to an American consular court for
the purpose of securing from persons subject to the jurisdiction of
the United States protection for trade-marks duly registered in the
United States of America, who would be tried before said courts in
first instance and on appeal by the competent courts.
In reply to this communication I have the honor to inform your
excellency that my government accepts with pleasure the above
agreement and has directed me to do so by the present note.
The minister of foreign affairs at The Hague has furthermore
authorized me to state on my part that the laws of The Netherlands
protect duly registered trade-marks regardless of the nationality of
their owner, and that not only when infringements have been
committed in the country itself, but when they have been committed
in a country subject to exterritoriality, as in China.
Consequently the consular courts of The Netherlands in China will
take cognizance in first instance and the courts of justice in
Amsterdam and Batavia on appeal of any complaints made to them on
this subject by persons subject to the jurisdiction of the United
States.
[Page 173]
I avail myself of this opportunity to add that for the object of
putting the above agreement into effect I have written to the
consular officials of The Netherlands in China, giving them the
necessary instructions, and I would be pleased if you would inform
me what action you have taken to this end.
I avail, etc.,
