of persons subject to the jurisdiction of France which have been duly registered. in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of France in China as regards the protection from infringement of their trade marks duly registered in France. I have the honor to be, My dear Colleague, Your obedient servant, His Excellency Monsieur DUBAIL, etc., etc., etc. [Translation.] LEGATION OF THE FRENCH REPUBLIC IN CHINA, Peking, October 3, 1905. MR. MINISTER AND DEAR COLLEAGUE: By your despatch of this day Your Excellency has been pleased to inform me that the Government of the United States of America being desirous of reaching an understanding with the Government of the Republic for the reciprocal protection of trade marks, you have been authorized to state to me that the American Consular Courts in China are competent in all matters relating to the counterfeiting of trade marks by persons under the jurisdiction of the United States. Any complaint made by a person under French jurisdiction to an American Consular Court for the purpose of securing against persons under American jurisdiction protection for a trade mark duly registered in the United States of America will be heard by said courts in first instance and on appeal by the competent courts. I have the honor to confirm to Your Excellency this declaration which responds to the request I had made you. So as to perfect the understanding thus arrived at by both countries I am authorized to state on my side to Your Excellency that the Government of the Republic will willingly insure in China protection for duly registered American trade marks which may be counterfeited by persons under French jurisdiction. To that end French Consular Courts in China, for complaints in first instance, and the Court of Saigon, for appeals, will be competent to hear all such cases. presented by persons under American jurisdiction. Please accept, Mr. Minister and dear Colleague, the assurance of my highest consideration. G. DUBAIL. PEKING, January 22, 1906. MR. MINISTER AND DEAR COLLEAGUE: In connection with the notes which I had the honor to exchange with Your Excellency on October 3, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word "punishment" by our Consular Courts in China of American citizens who may have infringed in China trade marks the property of persons under the jurisdiction of France. In view of the fact that there is no statute in the United States making the infringement, conterfeiting, etc. of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word "punishment" should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency's attention to the above provision of our law, so that nothing in my note of October 3, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. W. W. ROCKHILL. To His Excellency M. DUBAIL, etc., etc., etc. NUMBER 1905/13. THE NETHERLANDS AND THE UNITED STATES. Exchange of notes in regard to the reciprocal protection of trade-marks in China.*—October 23, 1905. [American Legation, Peking,] October 23, 1905. MR. MINISTER AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of the Netherlands for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and the Netherlands, I am authorized by the Secretary of State of the United States to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of the Netherlands which have been duly registered in the United States. *Text (and translation) as printed in U. S. Treaty Series (No Number). Printed also in Malloy, p. 273. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of the Netherlands in China as regards the protection from infringement of their trade marks duly registered in the Netherlands. I have the honor to be, My dear Colleague, Your obedient servant, His Excellency, Monsieur VAN CITTERS, etc., etc., etc. W. W. ROCKHILL. [Translation.] ROYAL LEGATION OF THE NETHERLANDS, Peking, China, October 23, 1905. MR. MINISTER AND DEAR COLLEAGUE: Under date of the 23d of October, 1905, Your Excellency was pleased to inform me by your note numbered 173 that the Government of the United States of America was desirous of reaching an agreement with the Government of the Netherlands concerning the reciprocal protection of trade marks in China. You added that you had been authorized to declare that the American Consular Courts in China had jurisdiction in all matters concerning the infringement of trade marks by persons under the jurisdiction of the United States, and that consequently complaints made by any person subject to the jurisdiction of the Consular Courts of the Netherlands, in China, to an American Consular Court, for the purpose of securing from persons subject to the jurisdiction of the United States protection for trade marks duly registered in the United States of America, would be tried before said courts in First Instance and on appeal by the competent Courts. In reply to this communication I have the honor to inform Your Excellency that my Government accepts with pleasure the above agreement and has directed me to do so by the present note. The Minister of Foreign Affairs at The Hague has furthermore authorized me to state on my part that the laws of the Netherlands protect duly registered trade marks regardless of the nationality of the owner, and that, not only when infringements have been committed in the country itself, but when they have been committed in a country subject to exterritoriality, as in China. Consequently the Consular Courts of the Netherlands in China will take cognisance in First Instance, and the Courts of Justice in Amsterdam and Batavia on Appeal, of any complaints made to them on this subject by persons subject to the jurisdiction of the United States. I avail myself of this opportunity to add that for the object of putting the above agreement into effect I have written to the Consular Officials of the Netherlands in China, giving them the necessary instructions, and I would be pleased if you would inform me what action you have taken to this end. I avail myself of this opportunity to renew to Your Excellency the assurances of my high consideration. His Excellency, W. W. ROCKHILL, A. J. CITTERS. etc., etc., etc. PEKING, January 22, 1906. MR. MINISTER AND DEAR COLLEAGUE: In connection with the notes which I had the honor to exchange with Your Excellency on October 23, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word "punishment " by our Consular Courts in China of American citizens who may have infringed in China trade marks the property of persons under the jurisdiction of The Netherlands. In view of the fact that there is no statute in the United States making the infringement, counterfeiting, etc. of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word "punishment" should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency's attention to the above provision of our law, so that nothing in my note of October 23rd, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. To His Excellency A. J. VAN CITTERS, W W. ROCKHILL. etc., etc., etc. NUMBER 1905/14. BELGIUM AND THE UNITED STATES. Exchange of notes in regard to the reciprocal protection of trade-marks in China.*-November 27, 1905. [American Legation, Peking,] November 27, 1905. MR. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of Belgium for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and Belgium, I am authorized by the Secretary of State of the United States to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States *Texts (and translation) as printed in U. S. Treaty Series (No Number). Printed also in Malloy, p. 111. who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of Belgium which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of Belgium in China as regards the protection from infringement of their trade marks duly registered in Belgium. I have the honor to be, my dear Colleague, Your obedient servant, Mr. DE PRELLE DE LA NIEPPE, etc., etc., etc. W. W. ROCKHILL. [Translation.] November 27, 1905. MR. MINISTER: I have had the honor of receiving Your Excellency's note of this date regarding the mutual protection of Belgian and American trade marks in China. It is stated in this communication that the Government of the United States of America has given such instructions to the American Consular Courts as are sufficient to insure the legal protection of trade marks the property of Belgian subjects which have been duly registered in the United States. While acknowledging to Your Excellency the receipt of this communication I have the honor to inform you that the Royal Government in like manner guarantees in the Chinese Empire the protection of American trade marks duly registered in Belgium, if counterfeited by Belgian subjects. The Royal Legation and the Consulates, Vice-Consulates and Consular Agencies in China are competent to take cognizance of actions brought before them in the matter. I have informed our Consular representatives in China of the agreement arrived at between Belgium and the United States of America which is set forth by this interchange of correspondence between us. I avail myself of this occasion to present to Your Excellency the assurance of my high esteem. His Excellency W. W. ROCKHILL, EDM. DE PRElle. PEKING, January 22, 1906. MR. MINISTER AND DEAR COLLEAGUE: In connection with the notes which I had the honor to exchange with Your Excellency on November 27, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly mislead |