ing, 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 Belgium. 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 November 27, 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 EDMOND DE Prelle de la Nieppe, W. W. ROCKHILL. NUMBER 1905/15. GERMANY AND THE UNITED STATES. Exchange of notes in regard to the reciprocal protection of trade-marks in China.*-December 6, 1905. [American Legation, Peking,] December 6, 1905. MR. MINISTER AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of Germany for the reciprocal protection against infringement in China by citizens and subjects of our respective nations of trade marks duly registered in the United States and Germany, 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 Germany which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled *Texts (and translation) as printed in U. S. Treaty Series (No Number). Printed also in Malloy, p. 560. to the same legal remedies in the Consular Courts of Germany in China as regards the protection from infringement of their trade marks duly registered in Germany. I have the honor to be, Mr. Minister and dear Colleague, Your obedient servant, His Excellency, BARON VON MUмM, W. W. ROCKHILL. etc., etc., etc. [Translation.] IMPERIAL GERMAN LEGATION, MR. MINISTER: I have the honor to acknowledge the receipt of your letter of this date informing me that you have been authorized by your Government to effect with me, by an exchange of notes, an agreement for the reciprocal protection against infringement in China by citizens and subjects of our respective nations of trade marks duly registered in Germany and the United States. You furthermore inform me 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 Germany which have been duly registered in the United States. I have the honor to inform you in reply that I have been authorized by the Chancellor of the German Empire to enter into this reciprocal agreement, and to state that German Consular Courts in China are empowered under the German law for the protection of trade marks of May 12th, 1894, to prosecute and punish all persons subject to their jurisdiction for infringement of trade marks the property of persons coming under the jurisdiction of the United States when duly registered in Germany. Furthermore, for the purpose of putting this arrangement into effect, I am authorized and ready to instruct the German Consular representatives in China in accordance therewith, subject to your taking similar action. I avail myself of this opportunity to renew the assurances of my highest consideration. HON. W. W. ROCKHILL, A. v. MUMM. 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 December 6, 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 Germany. 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 December 6th, 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 BARON VON MUMм, etc., etc., etc. W. W. ROCKHILL. NUMBER 1905/16. DENMARK AND GREAT BRITAIN. Exchange of notes in regard to the reciprocal protection of trade-marks in China.*-December 11, 1905. NOTE OF COUNT RABEN-LEVETZAU TO MR. JOHNSTONE. Ministry for Foreign Affairs, Copenhagen, November 11, 1905. M. LE MINISTRE, In asking me, in your note of August 23 last, whether the Danish tribunals in China are authorized to punish Danish subjects who may have infringed British trademarks (i.e., marques de fabrique et de commerce Britanniques) in China, you informed me that your Government, so soon as it may have received an affirmative reply to this question, will take the measures necessary to permit of the prosecution, before the British Consular Courts, of British subjects violating Danish trademarks (i.e., marques de fabrique et de commerce Danoises). In consideration of the foregoing, I have the honor to inform you that the Danish laws relating to the protection of trademarks (i.e., marques de fabrique et de commerce) are generally applicable to Danish subjects in China, and that instructions have just been sent to the Consul of Denmark at Shanghai, the *Translation from the French text as printed in Hertslet, p. 614. Danish Consular Judge for all China, authorizing him to protect British trademarks, duly registered in Denmark, against infringements by Danish subjects in China, to the same extent as Danish marks of the same character. Begging you to report the foregoing to your Government, I allow myself to express the hope of receiving soon a note informing me of the dispatch to the British Minister at Peking of the instructions necessary to assure reciprocity, and making possible the punishment, by the British tribunals in China, of British subjects violating Danish trademarks. With reference to your Excellency's note to Sir A. Johnstone of the 11th ultimo, respecting the protection of British trademarks, duly registered in Denmark, against infraction by Danish subjects in China, I have the honor to inform your Excellency that His Majesty's Minister at Peking has been requested to issue the necessary instructions to His Majesty's Consular Officers in China in order that similar protection may be extended to Danish trademarks should they be infringed by British subjects. I avail, etc. (Signed) H. G. CHILTON. NUMBER 1905/17. ITALY AND THE UNITED STATES. Exchange of notes in regard to the reciprocal protection of trade-marks in China.*-December 18, 1905. [American Legation, Peking,] December 18, 1905. MR. MINISTER AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of Italy for the reciprocal protection against infringement in China by citizens and subjects of our respective nations of trade marks duly registered in the United States and Italy, 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 *Texts (and translation) as printed in U. S. Treaty Series (No Number). Printed also in Malloy, p. 991. United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of Italy 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 Italy in China as regards the protection from infringement of their trade marks duly registered in Italy. I have the honor to be, Mr. Minister and dear Colleague, Your obedient servant, His Excellency, Monsieur CARLO BAROLI, W. W. ROCKHILL. etc., etc., etc. [Translation.] PEKING, December 18, 1905. MR. MINISTER: I have the honor to acknowledge the receipt of your note of to-day's date by which you inform me that you have been authorized by your Government to conclude an arrangement with the Italian Legation by means of an exchange of notes, for the reciprocal protection in China of American and Italian trade marks, and that hereafter infringements of trade marks the property of Italian subjects and duly registered in the United States by persons subject to the jurisdiction of American Consular Courts in China will be tried by the latter according to law. Having been duly authorized thereto by the Royal Government, I am pleased to inform you that hereafter infringements of trade marks of American citizens, duly registered in Italy, by persons subject to the jurisdiction of the Italian Consular Courts in China will in first instance be tried according to the law by said Courts and on appeal by the Royal Court of Appeals of Ancona. Please accept, etc., etc. C. BAROLI. 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 December 18, 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 Italy. 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 |