Minister Conger to
the Secretary of State.
American Legation,
Peking,
China, March 28,
1904
No. 1553.]
Sir: I have the honor to inclose copy of
correspondence with the foreign office concerning the putting in force
of the provisions of our treaty in regard to copyrights, trade-marks,
and patents, which is self-explanatory.
After waiting a reasonable time, if I am not informed of the completion
of its work by the board of commerce, I shall write the foreign office
again, and at the same time if a trade-mark should be presented for
registration, or any work to be copyrighted, I shall ask that some
temporary provisions be made to fit the case.
I have the honor, etc.,
Inclosures.
- 1.
- Mr. Conger to Prince Ch’ing, March 12, 1904.
- 2.
- Foreign office to Mr. Conger, March 26, 1904.
[Inclosure 1.]
Mr. Conger to
the Prince of Ch’ing.
American Legation,
Peking, March 12,
1904.
Your Imperial Highness: I have the honor to
remind your imperial highness that the new commercial treaty between
the United States and China, signed on the 8th of October last, and
ratifications of which have been duly exchanged, is now of force,
and that Articles IX, X, and XI provide that the Government of
[Page 235]
China shall fully protect
any citizen, firm, or corporation of the United States in the
exclusive use in China of any lawful trade-marks, to the exclusive
use of which in the United States they are already entitled or which
they have adopted and used, or intend to adopt and use as soon as
registered, for exclusive use within the Empire of China; and that
it will establish a patent office and adopt special laws with regard
to inventions and issue certificates of protection, valid for a term
of years, to citizens of the United States on all their patents
issued by the United States in regard to articles the sale of which
is lawful in China, which do not infringe on previous inventions of
Chinese subjects; and that it will give full protection, in the same
manner in which it agrees to protect trademarks, to all citizens of
the United States who are authors, designers, or proprietors of any
book, map, print, or engraving especially prepared for the use and
education of the Chinese people, or translation into Chinese of any
book, in the exclusive right to print and sell such book, map,
print, engraving, or translation in the Empire of China during ten
years from the date of registration.
I have the honor to inform your imperial highness that I am
continually in receipt of inquiries regarding these matters from
citizens of the United States, and I have to request that your
highness will inform me what procedure it is necessary for Americans
to take in order to secure the promised protection of their
trade-marks, patents, and copyrights.
Trusting that your imperial highness will give this matter your early
attention and favor me with a reply, I avail myself of the
opportunity to renew to your imperial highness the assurance of my
highest consideration.
(Signed)
E. H. Conger,
Envoy Extraordinary and Minister
Plenipotentiary of the United States.
To His Imperial Highness Prince of
Ch’ing,
President of the Board of
Foreign Affairs.
[Inclosure 2.]
The foreign office to
Mr. Conger.
On the 26th day of last month (March 12, 1904) we had the honor to
receive a note from your excellency, saying:
“Whereas the Chinese-American commercial treaty has already been
ratified and exchanged, it should be put into full operation. It is
clearly stated in the 9th, 10th, and 11th articles of said treaty
that duly registered trade-marks and all new inventions shall be
protected, and it is agreed to establish a special office to deal
with such matters, and to decide upon special rules for inventions
and the issuance of patents. Books and maps, and printed or engraved
matters as well, are all to be protected in the same manner as
trademarks. The treaty calls for complete protection of all such
rights. The United States minister has received inquiries in regard
to the above matters from an American merchant, and it therefore
becomes his duty to write and ask how this protection is to be
afforded and the benefits derived. He hopes that the matter will be
given immediate consideration, so that he may expect a reply at an
early date.”
On the receipt of the above we at once addressed a communication to
the board of commerce for their information. They have discussed the
matter and now reply as follows:
“The board of commerce, having special charge of trade affairs, and
being just now in the beginning of its work, has a great many
matters on hand. In regard to registering trade-marks, making rules
for the protection of new inventions, books, etc., the board is just
now considering satisfactory regulations and compiling specific
rules. As soon as the rules have been drawn up in order, the board
will memorialize the Throne asking for their official publication.
Then the foreign board may communicate by dispatch with the foreign
ministers of the various countries, who may, in turn, instruct the
foreign merchants to act accordingly.”
Such is the report of the board of commerce; so it seems that the
said board are at present just deliberating upon satisfactory rules,
and that they intend to memorialize the Throne asking for official
publication of the same.
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We beg to state that as soon as we have been notified of this
memorial we will again communicate with your excellency giving
detailed information. As in duty bound, however, we send this answer
first for your excellency’s information.
We take the opportunity to wish you daily happiness.
Cards inclosed.
Second moon, 10th day (March 26th,
1904).
