Minister Rockhill
to the Secretary of State.
American Legation,
Peking, December 6,
1905.
No. 165.]Sir: Referring to my dispatch No. 163 of
December 5, 1905, informing you that I had effected an agreement with
the chargé d’affaires of Belgium for the reciprocal protection of
trade-marks in China, I now have the honor to inform you that I have
this date made a similar arrangement with the German minister.
I have the honor to inclose herewith copies of the notes exchanged with
the German minister.
I have, etc.,
[Inclosure 1.]
Minister Rockhill to the German
Minister.
American Legation,
Peking, December 6,
1905.
Mr. Minister and Dear Colleague: The
Government of the United States being desirous of reaching an
understanding with the Government of Germany for the reciprocal
protection against infringement in China by citizens and subjects of
our respective nations of trade-marks duly registered in the United
States and Germany, 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 Germany, 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
Germany in China as regards the protection from infringement of
their trade-marks duly registered in Germany.
I have, etc.,
[Inclosure
2.—Translation.]
The German Minister
to Minister Rockhill.
Imperial German Legation,
Peking, December 6,
1905.
Mr. Minister: 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
against infringement in China by citizens and subjects of our
respective nations of trade-marks duly registered in Germany and the
United States.
You furthermore inform me 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 Germany which have been duly
registered in the United States.
I have the honor to infrom you in reply that I have been authorized
by the chancellor of the German Empire to enter into this reciprocal
agreement and to state that German consular courts in China are
empowered under the German law for the protection of trademarks of
May 12, 1894, to prosecute and punish all persons subject to their
jurisdiction for infringement of trade-marks, the property of
persons coming under the jurisdiction of the United States when duly
registered in Germany.
Furthermore, for the purpose of putting this arrangement into effect,
I am authorized and ready to instruct the German consular
representatives in China in accordance therewith, subject to your
taking similar action.
I avail, etc.,
