Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1908-06-12

protection or American patents, copy
rights and trademarks in Korea and
China. These treaties were signed by
Robert Bacon as acting secretary of
state Oh behalf Of the United States
and by Ambassador Takahira on be-
half Of Japan.
Protection TO American inventions,
copyrights and trademarks In Japan
and to Japanese inventions and goods
in the United States has existed since
1888, when a treaty covering these
matters Of trade was put into force
This treaty did not relate to Korea,
which was then independent. but Is
now under japanese suzerainty, nor TO
China, In which Japan now enjoys ex-
States, England and other powers.
An arrangement was concluded last
spring between the British government
and the Russian government providing
for the mutual protection of British
and Russian trademarks In China. I'm
der it British subject whose trade
mark, duly registered in Russia. has
been lnfringed by Russian subject in
China is able to obtain redress from
the Russian consular tribunals, and
similarly 1t is open to Russian sub
ject, whose trademark, duly registered
In Great Britain, has been infringed by
British subject in China, to take pro-
ceedings against the latter in the Brit
ish court. Similar arrangements al.
ready existed between the govern.
ments Of Great Britain. Denmark,
France, Germany, Italy. the Neither.
lands, Portugal and the United States.
The treaty covering the protection Of
trademarks In China provides that in
case of infringement in China by any
japanese or American of any inven-
ton, trademark or copyright, entitled
to protection by virtue of the present
agreement, the aggrieved party shall
have redress In the competent terrific
rial or consular courts. Both Japan
and the United States agree to extend
to the citizens or subjects of the other
the same treatment in China in the
protection of their commercial name
as they now enjoy in Japan and the
United States under the treaty signed
at Paris on March 90, 1883. Hong"
names.
The treaty further provides that any
persons atlenabe to its provisions
who possess at the time the convention
Is ratified merchandise bearing an I'm
itation Of trademark owned by an
other person shall remove or cancel
the false trademark or withdraw the
merchandise from market in China
within six months after the convention
becomes effective.
The convention respecting Korea
provides that the japanese government
shall cause to be enforced in Korea
simultaneously with the operation of
the treaty laws and regulations cover
ing trademarks, copyrights, etc, sim
liar to those which now exist in Japan
These laws and regulations are to be
applicable to American citizens in 10
rea equally as to japanese and Korean
subjects. In case Of infringement by
American citizens they shall be under
the exclusive jurisdiction of the Japa-
uese courts in Korea the eXtraterrito-
rial Jurisdiction of the United States
being waived in this particular.
1t is further provided that trade
marks, designs, copyrights, etc, duly
patented or registered in Japan prior
30 hn npf Of 10 md
regulations In Korea, as outlined
above, shall without further procedure
| be entitled to the same protection IN
Korea as may hereafter be there ac-
corded to Japanese or Korean subjects
American citizens under another arti-
Gle Of the treaty are to have the same
treatment in Korea in the matter Of
protection of their commercial names
as they enjoy in Japan under the Paris
convention of March 20, 1888.
The ratification of the two conven-
tions. 1t is hoped, will bring to an end
the food Of complaints which has been
coming to the state department from
merchants in the United States who
have been attempting to extend their
trade in competition with the japanese
in Korea and China. The special
agents of the department of commerce
and labor who have been in the east,
as well as our consuls out there, have
sent many reports to Washington CIV
ing concrete instances Of the practice
Of some japanese houses Of putting on
the market inferior and worthless
goods made In Japan and bearing well
known American trademarks and de-