neer.

He is also responsible for tests of material used for their construction. Any proposals made by the consulting engineer should be carefully considered. Parts which are rejected on account of faulty material or bad workmanship must on no account be used.

"9. The most favorable American, British, French and German bidders complying with the adopted specifications to be immediately awarded the contract."

NUMBER 1911/6.

JAPAN AND RUSSIA.

Convention for the reciprocal protection of industrial property in China.*June 10/23, 1911.

His Majesty the Emperor of all the Russias, and His Majesty the Emperor of Japan, desiring to assure in China the reciprocal protection of the industrial property of their respective subjects, have resolved to conclude a convention for that purpose, and have named their plenipotentiaries, to wit:

His Majesty the Emperor of all the Russias, His Ambassador Extraordinary and Plenipotentiary near His Majesty the Emperor of Japan, the Master of his Court and Senator Nicolas Malewsky-Maléwitch; and

His Majesty the Emperor of Japan, his Minister for Foreign Affairs, Marquis Jutaro Komura, Shosammi, Grand Cordon of the Imperial Order of the Rising Sun (with Paulownia flowers),

who, having communicated to each other their full powers, found to be in good and due form, have agreed upon the following articles:

ARTICLE 1.-The inventions, designs, and trademarks, duly patented or registered by the subjects of one of the high contracting parties in the appropriate office of the other contracting party, will have in all parts of China the same protection, against any infringement by the subjects of that other contracting party, as in the territories and possessions of that other contracting party.

ARTICLE 2.-In cases of infringement, in China, by any subject of one of the two high contracting parties, of any invention, design, or trademark whatsoever, entitled to protection by virtue of the present convention, the injured party will have, before the competent national or consular tribunals of that contracting party, the same rights and recourse as the subjects of that contracting party.

ARTICLE 3.—It is mutually agreed between the two high contracting parties that the effect of the present convention will be extended, in so far as it is applicable, to all other countries where each of them may have the rights of extraterritorial jurisdiction.

All the rights arising out of the present convention will be recognized in the insular and other possessions and the territories occupied under lease by the high contracting parties, and all the legal means contemplated for the protection of such rights will be duly applied by the competent tribunals.

*Translation from the French text as printed in Izviestia, 1913, vol. II, p. 12.

ARTICLE 4.-Every person to whom the provisions of this convention are applicable, who, at the time when the present convention comes into force, possesses any merchandise bearing an imitation of a trademark belonging to another person and entitled to protection by virtue of the said convention, must remove or cancel this false trademark, or withdraw this merchandise from the Chinese market within a period of six months from the coming into force of this convention.

ARTICLE 5.-The present convention will be ratified, and the ratifications thereof will be exchanged at Tokyo, as soon as possible. It will come into force four months after the exchange of ratifications.

In faith whereof the respective plenipotentiaries have signed the present convention and affixed their seals thereto.

Done in duplicate at Tokyo, June 10/23, 1911, corresponding to the 23rd day of the 6th month of the 44th year of Meiji.

Agreement respecting the integrity of China, the general peace of Eastern Asia and India, and the territorial rights and special interests of the Parties in those regions.*-July 13, 1911.

PREAMBLE.

THE Government of Great Britain and the Government of Japan, having in view the important changes which have taken place in the situation since the conclusion of the Anglo-Japanese Agreement of the 12th August, 1905, and believing that a revision of that Agreement responding to such changes would contribute to general stability and repose, have agreed upon the following stipulations to replace the Agreement above mentioned, such stipulations having the same object as the said Agreement, namely;

(a) The consolidation and maintenance of the general peace in the regions of Eastern Asia and of India;

(b) The preservation of the common interests of all Powers in China by insuring the independence and integrity of the Chinese Empire and the principle of equal opportunities for the commerce and industry of all nations in China;

(c) The maintenance of the territorial rights of the High Contracting Parties

*Text as printed in British Treaty Series, No. 18 (1911).

In connection with this agreement see also the Anglo-Japanese agreements of January 30, 1902 (No. 1902/2, ante) and August 12, 1905 (No. 1905/6, ante).

in the regions of Eastern Asia and of India, and the defence of their special interests in the said regions:

ARTICLE I. It is agreed that whenever, in the opinion of either Great Britain or Japan, any of the rights and interests referred to in the preamble of this Agreement are in jeopardy, the two Governments will communicate with one another fully and frankly, and will consider in common the measures which should be taken to safeguard those menaced rights or interests.

ARTICLE II.—If by reason of unprovoked attack or aggressive action, whereever arising, on the part of any Power or Powers, either High Contracting Party should be involved in war in defence of its territorial rights or special interests mentioned in the preamble of this Agreement, the other High Contracting Party will at once come to the assistance of its ally, and will conduct the war in common, and make peace in mutual agreement with it.

ARTICLE III.-The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the objects described in the preamble of this Agreement.

ARTICLE IV. Should either High Contracting Party conclude a treaty of general arbitration with a third Power, it is agreed that nothing in this Agreement shall entail upon such Contracting Party an obligation to go to war with the Power with whom such treaty of arbitration is in force.

ARTICLE V.-The conditions under which armed assistance shall be afforded by either Power to the other in the circumstances mentioned in the present Agreement, and the means by which such assistance is to be made available, will be arranged by the Naval and Military authorities of the High Contracting Parties, who will from time to time consult one another fully and freely upon all questions of mutual interest.

ARTICLE VI.-The present Agreement shall come into effect immediately after the date of its signature, and remain in force for ten years from that date.

In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said ten years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. But if, when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded.

In faith whereof the Undersigned, duly authorised by their respective Governments, have signed this Agreement, and have affixed thereto their Seals. Done in duplicate at London, the 13th day of July, 1911.

E. GREY,

His Britannic Majesty's Principal Secretary of
State for Foreign Affairs.

ТАКААКІ КАТО,

Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Japan at the Court of St. James.

NUMBER 1911/8.

FRANCE (Banque de l'Indo-Chine), GERMANY (Deutsch-Asiatische Bank), GREAT BRITAIN (Hongkong & Shanghai Banking Corporation), UNITED STATES (American Group) AND CHINA.

Agreement for the Hupei Provincial seven per cent silver loan of 1911.August 14, 1911.

This Agreement is made between His Excellency Jui Cheng, Viceroy of the Hukwang Provinces, of the one part, and the Hongkong and Shanghai Banking Corporation, the Deutsch-Asiatische Bank, the Banque de l'Indo-Chine and the American Group represented by the International Banking Corporation, hereinafter called the Banks, of the other part.

Whereas the Viceroy of the Hukwang provinces, His Excellency Jui Cheng, has for the purpose and with the object of repaying outstanding loans contracted on onerous conditions, Memorialized the Throne for and received an Imperial Edict, authorising him to raise a foreign loan for Taels 2,000,000, and to seal the loan bonds hereinafter referred to, it is hereby Agreed as follows:

1.-The Loan shall be called "The Hupei Provincial Seven Per Cent Silver Loan of 1911."

2. The Banks agree to lend to the Viceroy of the Hukwang Provinces, and the Viceroy agrees to borrow from the Banks, the sum of Two Million Taels (Tls. 2,000,000), the payment and repayment of which said sum and of interest thereon are to be made in Hankow in Taels of Hankow Yang-li Sycee or its equivalent in coin of the National Currency if the said Currency shall have been effectively established.

3.—The Banks shall, on the execution of this Agreement, pay to the Viceroy in full the sum of Two Million Taels (Tls. 2,000,000) Hankow Yang-li Sycee.

4. The period of the said Loan of Tls. 2,000,000 shall be ten years and the interest thereon shall be Seven per cent per annum to be computed from the date of this Agreement, and shall be paid by the Viceroy or his successors in office to the Banks half-yearly in accordance with Schedule attached to this Agreement, but twelve days before the due dates as shown thereon until repayment of the Loan has been completed. The principal shall be repaid in ten halfyearly instalments of two hundred thousand Taels (Tls. 200,000) commencing with the Sixth year in accordance with the Schedule attached to this Agreement but twelve days before the due dates shown thereon.

The first repayment of principal will be made twelve days before the fourteenth day of February, 1917.

After each instalment of the principal is paid, interest at the rate aforesaid shall only be charged on the principal for the time being remaining owing.

All payments of interest and repayments of principal shall be made to the four Banks in Hankow in equal shares.

5. This loan is secured by a third mortgage on the Ichang Salt Likin amounting to about One Million Taels (Tls. 1,000,000) per annum already charged with the service of the Imperial Chinese Government 41⁄2 Per Cent Sterling Loan of 1898 for £16,000,000 and the Silver Loan for Five hundred thousand Taels Hankow Sycee (Hankow Tls. 500,000) made by the Hongkong and Shanghai Banking Corporation to the Hupei Government on the 14th day of August 1909, and shall rank as regards security for principal and interest immediately after the two said loans, which the Viceroy hereby guarantees to be the only existing charges on the said Salt Likin. The Viceroy further guarantees on behalf of himself and his successors in Office that if in future it shall be necessary to employ the said Likin as security, it shall in no wise affect this the third pledge: moreover, there must be an explicit declaration in any subsequent loan agreement that there is already a prior pledge of the said likin to the herein mentioned four Banks as a third loan charge, that is to say, if subsequently there be any pledge of the said likin, such pledge shall rank as fourth, and shall not be allowed to have priority over or equality with the third loan charge to the four Banks. In case of need it shall be open to the Viceroy to supplement the revenue of the Ichang Salt Likin by other revenues of the province of Hupei for the service of the present loan, and in case the Ichang Salt Likin shall, during the currency of the present loan, be altered or abolished, the Viceroy shall forthwith apply to the service of the present loan other approved provincial free revenues in substitution therefor or addition thereto, so as to secure and pledge for the service of the present loan an amount equivalent to the present annual charge upon the Ichang Salt Likin revenue; but in case of default with regard to a payment of interest or repayment of principal of the present loan, the Viceroy may be called upon by the British, German, French and American Consuls at Hankow to appropriate and place under the administration of the Imperial Maritime Customs other approved free revenue as security.

6. This loan shall further be secured by deposit with the Hongkong and Shanghai Banking Corporation of twenty likin half-yearly bonds, similar to the likin half-yearly bonds so deposited under Article 6 of the Agreement for the loan of the 14th of August, 1909, by the Hongkong and Shanghai Banking Corporation to the then Hukwang Viceroy Ch'en K'uei-lung, equal in value altogether to the total amount of the loan principal and interest sealed by the Viceroy of the Hukwang Provinces and by the Provincial Treasurer of Hupei, and countersigned by the foreign Commissioner of Customs in Hankow. In the event of the money to meet a payment of interest or repayment of principal not being handed to the Banks at their branches in Hankow on due date, these likin bonds shall become available for the payment of likin in the Province of Hupei, and the provincial authorities shall be instructed accordingly. As soon as likin to the amount of each bond shall have been paid the bond shall be surrendered for cancellation. These twenty bonds shall be made out in accordance with the amounts and dates specified in the annexed Schedule. On the payment of each instalment, the corresponding bond shall be cancelled and returned.

7.-The Banks shall prepare and send to the Viceroy bonds in Hankow Taels Yang-li Sycee for the total amount of this Loan namely Tls. 2,000,000, which