File No. 406/69.
Minister Rockhill
to the Secretary of State.
American Legation,
Peking, June 14,
1907.
No. 642.]
Sir: In compliance with the department’s
instruction No. 286 file No. 406/50–51), dated May 2 last, I have the
honor to report that I again brought the matter of an arrangement for
the reciprocal protection of our trade-marks in China, by an exchange of
notes, to the attention of the Spanish minister here, communicating to
him verbally also the statement of the Spanish minister for foreign
affairs to our minister to Spain, to the effect that he knew of no
reason why Spanish consuls in China could not exercise the same
jurisdiction as in Morocco.
[Page 256]
I inclose a translation of his reply, in which he again informs me that
this is not the case in China, and that he will have to await the formal
instructions of his Government, which he has asked for, before complying
with my request.
In this same connection I inclose translation of a note from the
Austro-Hungarian minister, stating that he is also without the necessary
instructions enabling him to effect the desired arrangement. He informs
me that he has requested instructions from his Government. I would
suggest that our ambassador at Vienna be directed to call this matter to
the attention of the Austro-Hungarian Government with a view to having
the necessary instructions given.
I have, etc.,
[Inclosure
1.—Translation.]
The Austro-Hungarian
Minister to Minister Rockhill.
Mr. Minister and Dear Colleague: In
acknowledging the receipt of your letter dated June 10 on the
subject of an exchange of notes for the reciprocal protection of our
trade-marks in China, I regret not being in position to comply with
your wishes, as I have not yet received the instructions asked from
my Government. However, I shall not fail to remind my Government of
the urgency of this matter, and inform you of the result.
Accept, etc.
[Inclosure
2.—Translation.]
The Spanish Minister
to Minister Rockhill.
My Dear Colleague: I have had the honor to
receive your letter of yesterday’s date proposing an exchange of
notes between our two legations, recognizing that our nationals may
prosecute and be prosecuted before the respective consular tribunals
in China for the counterfeit of trade-marks owned by them and duly
registered in the country of the person accused of infringement.
In making this request you rely upon the fact that, according to the
letter addressed to the representative of the Republic at Madrid,
March 30, 1907, by his excellency the minister of state, the Spanish
consuls in Morocco have jurisdiction over their nationals in the
matter before us. This, as I have already had occasion to say to
you, is not the case in China, and, deferring with pleasure to your
wish, I have again addressed my Government to-day, requesting the
necessary instructions. As soon as I shall have received the reply I
will have the honor of communicating it to you.
Accept, etc.,
