The originals were signed by Major General Putiloff, Commissioner for Russia, and by Heilungkiang Governor Chow, Mandarin for the Delimitation of the Ta Ch'ing Frontier. Protocol of Agreement No. 2. The Russian and Chinese delimitation commissions in Tsitsikhar by mutual agreement have together recognized that the national land frontier between Russia and China on the section from frontier pillar Tarbaga Dagh, No. 58, to frontier pillar Abahaitu, No. 63, shall be the straight lines between the following points, the nomenclature of which corresponds to the frontier points fixed by treaty: [Here follows an enumeration of the frontier points Tarbaga Dagh, Tsahan-Ola, Tabun-Tologoi, Soktu, Erdyni-Tologoi, and Abahaitu, in terms identical with those of §§ (a), (b), (c), (d), (e), and (f) of the treaty, as printed on p. 920, ante.] Upon the termination of all negotiations of the two frontier commissions in Tsitsikhar, and after both presidents had signed and sealed the present protocol and had affixed the maps (likewise signed and sealed), we exchanged the same. Thereupon each side shall appoint representatives to the relative places in order to measure on the spot the directions and distances shown in this protocol of agreement and in the maps exchanged and affixed thereto, and in order to mark the frontier points; and in case the maps exchanged show discrepancies with the locality, such discrepancies are to be corrected on the spot by both representatives by mutual agreement. In the present year there will only be erected temporary stone pillars to mark the position of the frontier, but next spring, at a time to be appointed, and after jointly ascertaining the longitude and latitude of these points, they shall be marked with frontier pillars on which shall be inscribed in Russian and Chinese the name of the frontier point and the degrees of longitude and latitude. The whole of the frontier line must be marked by digging a trench. The additional act, which shall be jointly drawn up by the two representatives after finishing the determination of the frontier on the spot, and which shall be exchanged by them, is to be added as a document to the present protocol of agree ment. Originals were signed and sealed by Major General Putiloff, Russian High Commissioner, appointed by Imperial Command, and Governor Chow of the Heilungkiang Province, by Imperial Command Mandarin for the delimitation of the frontier of the Ta Ch'ing Empire. Tsitsikhar, November 25, 1911 (Russian style), and the eighteenth of the tenth moon of the third year of Hsüan T'ung's reign (Chinese Calendar). Protocol of Agreement No. 3. Having verified the reports made by Messrs. Jdanov and Sun, the assistants to the presidents of the Russian and Chinese delimitation commissions, relative to the section of the River line national boundary from Island No. 87, shown on the map attached to protocol of agreement No. 1, to the frontier pillar No. 63 (1) In accordance with the previous treaty of 1689, or the twentieth year of (2) The islands shown on the maps exchanged under numbers 89, 91, 95, (3) The islands shown on the maps exchanged under numbers 88, 90, 92, 93, (4) The islands shown on the exchanged maps under numbers 111, 112, On the banks of the old and new Argun, opposite the large islands, numbers For the remaining islands, the proof shall consist of the maps exchanged and (5) For future reference there are added to this protocol maps and ex- Originals were signed and sealed by Major General Putiloff, Russian High Tsitsikhar, November 25, 1911 (Russian style), and the eighteenth of the Original signed and sealed by Major General Putiloff, Russian High Commissioner, appointed by Imperial Command, and Governor Chow of the Heilung'kiang Province, by Imperial Command Mandarin for the delimitation of the frontier of the Ta Ch'ing Empire. Tsitsikhar, November 25, 1911 (Russian style) and eighteenth of the tenth moon of the third year of Hsüan T'ung (Chinese Calendar). NUMBER 1911/14. FRANCE AND THE UNITED STATES. Exchange of notes for the reciprocal protection of copyrights in China.*— December 27, 1911. The French Chargé d'Affaires to the American Minister at Peking. MR. MINISTER, [Translation.] Legation of the French Republic in China, Peking, December 26, 1911. Our Governments being desirous of assuring to French and American citizens and subjects reciprocal protection in China of the rights of authors over their literary and artistic productions to the same extent that they are protected in French and American territories and possessions, I have been instructed by the Minister for Foreign Affairs of France to communicate to you the following: 1st. By virtue of the civil and criminal jurisdiction with which they are vested and which they exercise in China, the Consuls and Consular Courts of France are competent to take cognizance of all complaints that may be laid before them relative to the violation of the rights of authorship by persons under French jurisdiction. 2nd. Consequently, whenever persons under American jurisdiction shall have occasion to address them in order to obtain respect from persons under French jurisdiction of their rights of authorship over their literary and artistic productions, including photographs, the complaints will henceforth be laid, in the first instance, before the Consular Court, and in appeals before the Appellate Courts at Saigon or Hanoi. 3rd. The citizens of the possessions of the United States of America will enjoy in China the same treatment as the citizens of the United States of America. 4th.-Unauthorized reproductions by persons under French jurisdiction, made previous to the first of January next, of literary, artistic, or photographic *In this connection, see also the exchange of notes in regard to the reciprocal protection of trademarks, October 3, 1905 (No. 1905/12, ante). works executed by persons under American jurisdiction, will be withdra sale or circulation in China before December thirty-first, 1912. 5th. Literary and artistic property in France is regulated by the Law March 28, 1887, which approves the Convention signed at Berne on Septembe 9, 1886, for the protection of literary and artistic productions, and also by the Law of April 15, 1897, which approves the additional enactment and the declaration of May 4, 1896, modifying the Convention of Berne. I will be under great obligation to you if you will kindly take note of the present declaration and will inform me whether persons under French jurisdiction may count on the same legal protection from the consular authorities in China of the United States of America in all that concerns the ownership of literary and artistic productions. Accept, Mister Minister, the assurances of my high consideration. (Signed) F. GEORGES PICOT. The American Minister to the French Chargé d'Affaires at Peking. Mr. Chargé d'Affaires and dear Colleague: American Legation, I have the honor to acknowledge the receipt of your note of December 26, 1911, 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 in China of French and American copyrights for literary and artistic productions. I have the honor to inform you in reply that I have been authorized to state that henceforth protection will be afforded in China, in accordance with the laws of the United States and on condition of reciprocity, for the copyrights of French literary, artistic, musical, or dramatic works, including photographs, duly registered in the United States, against infringement by persons under American jurisdiction. To that end the American courts in China will be competent to hear all such cases presented by citizens or subjects of France. I have the honor further to inform you that the protection of literary and artistic property in the United States of America is provided for by the act of Congress of March 4, 1909, amending and consolidating previous acts respecting copyright (U. S. Statutes at Large, vol. 35, Chapter 320); and that by a Presidential proclamation of April 9, 1910, this protection is extended to works of authors or proprietors who are citizens or subjects of France. Accept, Mr. Chargé d'Affaires and dear Colleague, the renewed assurances of my high consideration. Mr. Fr. Georges Picot, Chargé d'Affaires, The Legation of France, (Signed) W. J. CALHOUN. 4 |