26th September.
RecENT events in connection with the Treaty of Shanghai and the new Provisional Trade Marks Regulations indicate that this community is in some danger of being considered by our Governments at home a somewhat unreasonable one. For years it has urged in season and out of season, and we think very rightly urged, the abolition of likin as the prime necessity for the expansion of foreign trade in China; and yet when everything possible was done in the Mackay Treaty to secure the abolition of likin, it was received with all kinds of discontented objections, Among the acknowledged advantages gained by the Mackay Treaty was the protection of trade marks by registration. After a good deal of labour on the part of the officers of the Customs to whom the preparation of regulations for the registration of trade marl was confided, labour assiduously devoted to the preparation of an adequate and practical code, the result was submitted to a large meeting of the members of the General Chamber of Commerce on the 22nd inst., and it was disappointing to see that, on the pact of the speakers at that meeting, there was much more disposition to pick holes in the regulations, which are professedly provisional, than to be grateful for them. We shall certainly jose what influence we have with the Diplomatic Body at Peking and our Foreign Offices at home, if we get the reputation of being. importunate in our demands for reforms and concessions, and chronically dissatisfied with them when we get them.
We do not propose to make a critical examination of the regulations seriatim. They embody a very intelligent and satisfactory attempt to confer on the mercantile community a protection for which they have been asking for years. There are undoubtedly ambiguities, which perhaps it would be equally fair to call elasticities, in them; but it must be remembered that they are a translation from the Chinese; and the Chinese have sore grounds for saying that where t are such ambiguities in diplom. ~uments, they are nearly alway—wsrued in favour of the foreig.. Also it must be remembered that the Chinese can only legislate for their own people. If british trade mark is copied in Germany, or a German trade mark in England; the Chinese Government obviously cannot inter-fore; but it is prepared to do all that can possibly be asked of it. It goes, indeed, much farther than it is absolutely bound to do; it might} No one doubts that the regulations leave it to the foreigners to fight it which are distinctly labelled" provi-out at home in their respective sional,"are susceptible of improvement Courts; but in article 21 it prescribes in certain of their provisions, and for imprisonment for one year and a fine this purpose a small but representa-not exceeding Tls. 300 for any at-ition committee was elected at the tempt to infringe a registered trade recent meeting to make a report to mark, or even for the importation] be handed to Mr. Jamieson, through of goods which infringe. Thisarticle|the Committee of the Chamber, for alone shows that the intention of the presentation. to Sir Ermest Satow.
Chinese Government in putting forth Meanwhile, we may close with Sir these regulations, is to make them Charles Dudgeon's words, which con.
operative so as to satisfy the firm Mr. Brodersen's: "I must say repeated demands of the foreign|I do not think the regulations, as commercial community in China they stand, form an ill-considered set This being the intention, the regula- of regulations, but are very favourtions should be welcomed, and car- able to our wishes and to those who ping criticism is alike undignified wished to obtain registration here, rand unjust, It has been one of our en-The crucial point of the regulations deavour to get protection for trade is article 8, section c: "Trade marks marks, and that can only be done by which infringe the following condi- obtaining registration." tion cannot be registered: Marks already registered, or marks resembling, or of the same naturees, marks} " LITTLE JAPAN." ship for over two years prior to the mabel ined in China or have Ture above isthe title of an article application for regis' ration, have been 27th September.
There are those who sea ambiguity tH, "Spector" of the 20th ule, There, an article which shows how difficult
lanation of Mr. Jamirson, the British boon erpiaining foe tenth on. ably tke hate ibis toradicare preconceived notions Gommercia! Attache: He ays? "Tel er yoarh the coco feck ton almost was certainly never the intention of [wg Joan the, crror referred to in the sities oes ce eae "There is one illusion about Jupan ery 0 pectater's" opening sentence:
worse position. that they were ig %bich seems to survive evidence before the Treaty was deufted, and and to work most serious political for such rights they have ce sued mischief The continental Powers, fall protection," The clause "maree 04 Busia more especially, cannot that'any mark in use prior to the Sct Tid of the belief that the Tsland signature of the British Treaty is empire, however brave or astute or absolutely protected from imitation we? edie Seep cee etter al on the part of anybody." And in short time must "bleed to. death," State, whi a ver Tasneeon, lie wilded ¥oak A who coe. This may come, says the "Spectator," necessary to register such trade from comparing Japan on the map mark to enture protection with the adjacent empires of China expend large sums of mori: regia: an pants ower has not an enormous "There is absolutely ho necessity to and Foss, and imagining that if tering marks or chops which, were id inion, ib manos be ea rinsteeibeee public use in China when the Treaty lation, it mast be really insignificant, Acar eae rag rear et ak atid Compared with the Great Powers of who has todo this, Holders of monet, wr wry aban' Position is established marks in fact enjoy alor including Formosa, is twenty, greater measure of protection under /seyen thousand square miles greater tidal thie lagialatdon y, pica sonne than that ofthe British Isles, and her tees Mie Scott aad Me Best population is quite large enough for arweittigr ear ab 's explanation parative statement un reeling Set! a first-class Power. Here is a com-trent on toy: "It Mr. Jumcaon uty i2 Europ and Ai..129, 00,00 can give us a definite assurance that German Emp' 56,367,000 that is what the regulation means, Japan, including Fo: 47,727,000 we can be well satisfied with that; Austria-Hungary 45,405,000 and with the whole of the regula- British Isles 41,609,000 tions." Sir Charles Dudgeon, than 38,962,000 whom there can hardly be a more 4,906,000 competent authority, answered prac- Surely France would feel insulted tically for Mr. Jamieson: "I am in of she were told that her population agreement with Mr. Jamieson as] was too small to enable her to fight regards the interpretation of regula- Russia? Why, then, should it be tion 8,¢. It is plain English to me thought that Japan has no chance? when it says that any mark you have Japan; says the "Spectator," "has had in use for two years cannot be transported more than four hundred registered by anyone else." thousand men across the sea,
Text read from the printed page and cleaned; old type leaves the occasional error.