Feb, 28. ifr. will be w hopeful advance China when her students and merchants take larger and more intelligent views of the history! and politics of other countries As indicating a step in this direction jis the statement ave, published " few days ego, that the recent fall of the Conservative Government in Great] Britain and the advent of Labour Cabinet as - aroused considerable interest in Shang-bai, sin leading silk merchant going so far us to express the opinion: "My look see, Engl Kung Boo (government) ale spoiliun: just now all coolie take care We may not agree with this pessimistic conclusion but] it is gratifying to know that the! low-abiding, industrious classes are beginning to watch the bran of events sbroad, especi-of ning the solution of some of ally if it is done with the hopes
their own political difficulties.
For this purpose the Chinese] can hardly do better than study' the present course of English politics, for though the differences between the two countries are many and great, yet they' have much in common.—One has a long. past of which it is} very proud, and the peoples are very conservative concerning! their institutions and customs. Notwithstanding this conses-vatism in each there has been a revolution: in Kngland in 1649, and in China in 1911, with the overthrow of the monarchy and} the establishment of an enrively new system of government: in each the high hopes entertained by the revolutionists of a better' and happier state ended in disappointment: each country—is now making a great democratic experiment and has the same} problems connected with poverty} and employment.
Of course in the political periments that are being tried, Wngland has great advantages, far her political history—for centuries past, apart from the one sudden and sharp revolution haa been one of steady: progress, broadening slowly down from! precedent to precedent, the people. gradually becoming—accustomed to the necessary Lchanges.. Moreover, the Crom EyR
off that ite-aims arid methods and the results which followed] can the accurately, appraised and indy cust ran good ini bat the impartially. There wns)
country was divided and [Puritans hed to' win and main: tain their power by the sword, and during the short period of the Commonwealth they never! succeeded in winning the whole. Hearted support of a majority of the people. Tt was the genius of] ae, Cromwell alcine which enabled the-Commonwealth to last as tong as it did, and whos he died there was a quick return to the monarchy and apparently to the! old ways. Yet the influence of the revolution lasted on and: t was educative: In the words of ''T, H. Green, the radical philoso-her of. Oxford, the movement had to die in order that it might! rise again and make more thoroughly its own the forces and interest which had conquered it. Since then other influences have wrought changes in the political system and have made it possible, as the result of this slow education, for a Labour Government to come into power. 'There should be little fear_of sharp, radical changes. 'The latest' experiment in democracy is being tried in very favourable circumstances as the Labour] party is opposed by two parties each more conservative and almost as strong as itself, and these im combination can ' easily] prevent changes being' made which are inimical to the vital interests of the country.
Tu China the revolution of 19111 was too sudden and violent the people were totally _unprepared for it. And as the new! form of. government has little or no connexion with the old, it is utterly alien to ull, high' and low, and misgovernment on the; part of the officials and lawlessness on the part of the people are inevitable. Hence the fundamental political need of China today is the establishment of a governmont—it is not for foreigners to decide what its form should be—which shall be harmony with the spirit or ethos of the Chinese people and with} all that is good in their customs and traditions, living, active government. ' Until it' is established there can be no restoration of law and order, no guarantee for the prosperity and progress of the nation. If the Chinese would abandon their paper schemes of government] and in the light of the struggles of other peoples for good and stable government, carefully study-the history of' their own! people and the present national needs, they would soon evolve government that would com. mand the respect and loyalty of all classes of the people and respond to their growing patriotism ative Government Great Britain and the advent of a Inbour Cabinet has created no small amount of interest in local Chinese circles. One of the leading silk merchants in the place has thus described the transition to a foreign friend:—"My look see. English Kung Boo make spolium. Just now all eoolte take care."
Association has decided that, in Tux Nantao Cigarette Dealers: the event of Vu Ya-ching's attempt at mediation proving to be a failure, all the cigarette dealors" in Chinese territory shall be losed to business so that the special tax can not be enforeed. A circular has been sent out, }warning all cig te dealers to Toluca! ake onto Feb. 29, Ar a time when Chino has never given: the osset evidence] file] of her -ability to gover it herself} her willingness to protect tel, interests of foreigners—as shown: in the. speech of the' Chairman of the Hongkong & Shanghai Bank—we, or rather the foreiga merchants and traders in China if the report appearing the' North-China Daily News" lof January 26 last is true, the} agonized but impotent witnesses lof what may easily prove-one of the greatest tragedies in the history of foreign commerce in the Far East—the recognition fof the new Chinese Trademark Law.
An air of mystery surrounds the parentage and birth of this Law. It was published io a (Chinese newspaper on May 4, and the first intimation that any foreign, or at any rate any British, firm received even of its! existence was when some members of the Chamber of Commerce received circular—letters dated August 10 last from the office of the Trademark Registration Bureau of the Ministry of Agriculture & Commierce at Shanghai. Any foreigner who chooses to examine in detail this abortion which has been produced can well understand the desire of its parents or its sponsors to shun all public Although it has been considered by certain Chambers of Commerce and of course by the Diplomatic Body, the general public have remained practically unconscious of its existence and absolutely ignorant of its details and of the menace which it] Presents to foreign commerce. With regard to the action which thd Diplomatic Body has taken, we do not know the personnel of the committee (or other body)! which presumably advised thera for whether that committee was: folly alive to the dangers of any form of recognition in the present form of this Law. 'With o view to preventing on i able disaster the fullest possible' publicity must be given to the Act and its consequences in the hope of strengthening the hands! lof the Diplomatic Body and of arousing the whole community! of foreign merchants to take! concerted action, and if they. jean accomplish nothing in China at atid rate to persuade others who are interested at Home to seme form of Parliamentary action, To turn now to the Act itself, what are the objects for which it was passed? We are forced to conclude that it is not a genuine attempt to devise.
trademark Law in the interests of those who up to the present time must have by far the largest vested interests in trademarks (we refer, of course,' the foreign merchanta), but it is @ subtle and insidious attempt} on the part of the Ministry of Agriculture & Commerce to obtain by legislation what they cannot secure by treaty. It is, in effect, a partial abolition of extraterritoriality, or in other words an alteration of treaty! obligations. Its chief objects may be summarized as follows (1) To make the first breach into extraterritorial rights, and thereby to prepare the ground for future and larger breaches until total abolition is achieved.
(2) €o provide probably lucrative posts for "Chinese officials with unlimited "opportunities for squeeze.
(8) To provide revenue for the State.
To give Chinese in respect of trademarks many advantages over. foreigners.
Certainly not the least serious His "the first object, and it is difficult to think that this point has been folly realized by those im whose charge our interests are placed. Tt is idle to consider the details of this Law at the present time or indeed until the fundamental objections have been removed and the proper Pocolure: has been fllowe draft, Law duly published and subjected "to criticism and then subject' to amendments approved by for-ign countries. Every Bill in England affecting even the smallest rights is printed and the public have an opportunity of considering how it affects their interests and, if it does adversely, of instituting agitation' in the Press, of exercising pressure on members of Parliament, of sending deputations to the Government of Department in custody of the Bill and of preparing if necessary monster petitions. Instead of that, we have in this case an act of spoliation which infringes treaty rights, which is ludicrous ly imperfect and incomplete, coming upon an unsuspecting foreiga business community like thief in the night.
Two Reuter telegrams must here be quoted in view of the arguments to be put forward Peking, Jan. 29.
It is understood that the Diplo. matic Body will shortly send Note to the Waichiaopu contain-ting the considerations, on which they would be prepared to recom-' lend their Governments 10. recognize the Ohinese Trade Marks) Lair, "th two main conditions being in mn of ae sine Sot of. foreigners. in. the Registry for reel and. employment Otice #0 us to facilitate dealing with complicated questions whi are bound to arise.
As already pointed out, the said law is a Jatt accompli except for foreign recognition. Some
ote bet tea imeetly tons Japanese and Goron, Srme have giving the matter their most! careful attention and are doing their best in the interests of foreign merchants. It appears: likely that the Chinese will agree to extension of the time limit, but employment of foreigners, who will be employees and not ad-
objection.
rain more likely to meet with Peking, Feb. 1.
The Diplomatic Body sent a note to the Chinese Government on Wednesday afternoon containing three rations and one, essential condition" on which the, Bowers ara prepared to reccguist tie Ohinese Trademarke laws Firstly, objecting to Article Ten the Chinese Law giving the Trademarks Bureau the right to apply for change of the firm's re-DPresontative applying for registra: Fon, which the notes characteriece as arbitrary and useless and should be abolished Secondly, suggests foreign expert assistance in the Bureau s0 to facilitate dealing with complicated questions; and, 'Thirdly ocking) for' assurance that the Trademarks Gazette will publish fully and expeditiously all registrations and details connected wi them, adding that the
English translation, ncompaniad "by ea will be Sreatly en-
The fourth article of the Note contains three essential condi-
"Firstly, requests extension to months for registration from the date on which the law is formally recognized by the Powers; Secondly, asks a guarantee of rights in their entirety priority in accordance with the Treaties of trademarks provision-registered sith the Customs; 'Thirdly, that facilities for 'Shanghai and 'Tientsin in. accordance with the Treaties as well Peking where the Trademaike Bureau will be established, This Note is_rece'ving' the vat. tention of the Governmanc and the latter accepts it, the Diplo-'Body is empowered to cognize the Chinese law.—Reuter's Pacific Service.
Let us consider some of the results if the report of the action of the Diplomatic Body as stated above is correct and the Law is passed. As We mentioned above, the great fundamental objection is thie one which strikes at our extraterritorial rights and, underlies the whole principle of the Law. That ix the fact that the Act provides for no foreign representation ea for supervision of the Bureau of "Trademarks or the various tribunals to which appeals oan be made from the Bureau's decisions. If the Law were accepted in its present state, we should be putting our trademarks, the value of which itis impossible to estimate, but which must amount to several millions sterling, at the complete merey of Chinese officials: The constitution of the Bureat is not, mentioned in' the law, but its personnel is purely and exclusively Chinese. This is a direct. breach of the Mackay Treaty, which by providing that the office where foreign trademarks may be registered should be under the control of the Maritime Customs, protects the treaty rights of foreigners in China, "Apart, however, from. this direct breach of the Mackay Treaty, it must be plain that it also constitutes a direct breach! of our general extraterritorial, rights. Tf the Law as it now stands is accepted, questions a to whether a mark for whidtt application for registration ds made is an infringement of another mark already on the register will be decided by the Trademark Bureau or the Courts of Appeal to which we shall refer later, that is by Chinese alone. "Under existing treaties sich a question would be tried either in our Supreme or Consular Courts or in Chinese Courts, with foreign represontatives, according us to whothier the plaintiff or defendant wad British or Chinese. Tu the ovant of dissatisfaction with decision of the Bureau an.appeal may be made to three 'Trademark Judges who are to be appointed by the Director of the Bureau. Of what, value to foreigners is'such a right whidit merely provides for an appeal to three nominees of the person whose decision has been' questioned? If the appellant is dissatisfied he can appeal to the Ministry of Agriculture & Coramerce and from there to the Administrative Court. will thus be seen that the whole system of registration the whole jurisdiction with regard to trademarks is placed exclusively in the hands #t Chinese. We can well imagine that if any foreigner were stiff ficiently adventurous and dogge't to proceed with an appeal against Chinese interests through' all these courses he would considerably older and very much poorer man by the time tke received a final judgment, 'The suggestion that foreign advice or that foreign expert assistants' on the Bureau woul be sufficient is farcical, We morist have our existing 1922 we had a striking un tration of the Chinese concaption of the administration of
Text read from the printed page and cleaned; old type leaves the occasional error.