NUMBER 1907/8.

DENMARK AND THE UNITED STATES.

Exchange of notes in regard to the reciprocal protection of trademarks in China.*-June 12, 1907.

MR. BRUN TO MR. ROOT.

[Translation.]

LEGATION OF DENMARK,

Washington, D. C., March 19, 1907.

MR. SECRETARY OF STATE: By order of my Government I have the honor to beg that Your Excellency will kindly let me know whether the Government of the United States would be disposed to conclude an arrangement with the Government of the King for the reciprocal protection in China of the trade-marks of the citizens of our two countries when the said trade-marks are duly registered in the country of the infringer.

Should the Government of the United States be disposed to conclude such an arrangement, the King's Government would take the necessary measures to have Danish subjects who would infringe in China an American trade-mark duly registered in Denmark, brought before the Danish Consular Court at Shanghai and eventually punished in accordance with the provisions of the law of Denmark.

The Government of the King would expect the Government of the United States to take similar measures in regard to American citizens who might violate in China the privilege of a Danish subject whose trade-mark is duly registered in the United States.

I am authorized to add that my Government would be very glad if such an arrangement could be effected by means of an exchange of notes between Your Excellency and me.

Hoping that Your Excellency will see no objection to assenting to this proposal of my Government, I beg you to accept, Mr. Secretary of State, the renewed assurance of my high consideration.

MR. ROOT TO MR. BRUN.

C. BRUN.

No. 671.]

DEPARTMENT OF STATE, Washington, March 25, 1907.

SIR: I have the honor to acknowledge the receipt of your note of the 19th instant, in which, by order of your Government, you inquire whether the Government of the United States would be disposed to conclude with that of Denmark

*Texts (and translations) as printed in Malloy, p. 399.

an arrangement by an exchange of notes for the reciprocal protection in China of trade-marks of the citizens of either country from infringement by citizens of the other when the said trade-marks are duly registered in the country of the infringer.

By this agreement Danish subjects infringing in China an American trademark duly registered in Denmark would, you state, be brought before the Danish Consular Court at Shanghai and eventually punished in accordance with the provisions of the law of Denmark, and the Government of the King would expect the Government of the United States to take similar measure in regard to American citizens who might violate in China the privilege of a Danish subject whose trademark is duly registered in the United States.

The agreement proposed by your Government is in line with the agreements which have been effected by exchange of notes between the Minister of the United States at Peking and the diplomatic representatives there of certain other countries.

It is to be pointed out, however, that 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, the word "punishment" is to be understood, with respect to the United States, to refer to a civil action only and not to a criminal procedure.

If this explanation, which has been made in the case of each of the agreements mentioned above, is satisfactory to your Government, I shall be pleased to make the exchange of notes with you.

Accept, Mr. Minister, the renewed assurances of my highest consideration. ELIHU ROOT.

MR. SECRETARY OF STATE: Referring to note No. 671, which Your Excellency had the kindness to address to the legation on March 25 last, I have the honor, by order of my Government, to inform you that the necessary instructions have. been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the same nature are protected.

The law which the Danish court at Shanghai is called upon to enforce in the premises is the Danish law of April 11, 1890, amended by the law of December 19, 1898, and the ordinances of September 28, 1894, and September 12, 1902.

Hoping to receive a note informing me that the diplomatic and consular officers of the United States in the Middle Kingdom have had the necessary instructions sent to them in order to insure reciprocity by granting the protection. of the United States Consular Courts in China to Danish subjects against Ameri

can citizens who have counterfeited Danish trade-marks regularly deposited in the United States, I beg of you, Mr. Secretary of State, to accept the renewed assurance of my highest consideration.

MR. ROOT TO MR. CLAN.

J. CLAN.

No. 694.]

DEPARTMENT of State, Washington, June 12, 1907.

SIR: I have the honor to acknowledge the receipt of your note of the 27th ultimo by which you inform me that in pursuance of the understanding reached by the correspondence which passed between the Danish legation and the Department of State on March 19 and 25, 1907, the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the nature are protected.

As a completion of the exchange of notes to give the said understanding effect, I have the honor to inform you that, on the part of the United States, the Minister of the United States at Peking has this day been instructed to inform the consular officers of the United States in China that hereafter trade-marks of Danish subjects, which have been duly registered in the United States, are to be protected against infringement by such persons as come under the jurisdiction of the United States Consular Courts in China.

Accept, sir, the renewed assurances of my high consideration.

ELIHU ROOT.

NUMBER 1907/9.

JAPAN AND RUSSIA.

Provisional convention (with additional articles and protocol) concerning the junction of the Japanese and Russian Railways in Manchuria.*-June 13,

1907.

The Imperial Government of Japan and the Imperial Government of Russia, having resolved to conclude a Convention concerning the connexion of the Japanese and the Russian Railways in Manchuria, in conformity with the provisions of Article VIII of the Treaty of Peace signed at Portsmouth on Sep

* Translations from French text as printed in Traités et Conventions, 577. French texts printed also in the Russian Yellow-Book, Négociations entre la Russie et le Japon relatives à la Division de la Station de Kouan-tchen-tsy et à la Conclusion d'une Convention Provisoire concernant le Service de Raccordement des Chemins de Fer Russes et Japonais en Manchourie, 1906-07 (St. Petersburg; 1907); Hertslet, 1199.

tember 5 (August 23, o.s.), 1905, the undersigned, Itchiro Motono, Docteur en Droit, Envoy Extraordinary and Minister Plenipotentiary of Japan, and le Maitre de la Cour Imperiale Alexandre Iswolsky, Minister of Foreign Affairs of Russia, being duly authorized for the purpose by their respective Governments, have mutually agreed upon the following articles, provisionally.

Regarding those provisions of this convention which concern the South Manchuria Railway Company on the one part and the Chinese Eastern Railway Company on the other, the two Governments engage mutually to take necessary measures to ensure their prompt execution by the said Companies.

· ARTICLE I.-The junction of the sections of the two railways will be made at the boundary line of the Kuanchengtze station of the Chinese Eastern Railway. The South Manchuria Railway Company shall prolong its line with the gauge adopted by that Company from the Changchun station of the said Company to the limit of the Kuanchengtze station of the Chinese Eastern Railway, and the Chinese Eastern Railway shall construct a line of the same gauge in continuation of the prolongation of the Japanese line constructed by the South Manchuria Railway to the platform of the Russian Kuanchengtze station. The Chinese Eastern Railway shall construct in prolongation of its line, a railway of the gauge of 1 meter 524 (Russian gauge of 5 English feet) from the platform of the Russian Kuanchengtze station to the limit of that station, and the South Manchuria Railway Company shall construct a line of the same gauge in continuation of the prolongation of the Russian railway constructed by the Chinese Eastern Railway Company to the platform of the Japanese Changchun station.

The point of junction of the two sections of the Japanese and Russian railways and the plans of that junction shall be resolved upon in common accord between the two companies.

ARTICLE II.—The South Manchuria Railway Company as well as the Chinese Eastern Railway Company shall establish, besides the junction of their lines, direct communication for passengers and for merchandise, and also all the necessary installations, in order to effect in the shortest time and with the least expense possible, the transhipment of merchandise at the terminal stations, made necessary by the difference in the width of the gauges.

Each Company reserves the right to decide on the plans of construction within the limits of its own ground.

ARTICLE III.-Each Company assumes responsibility for all the undertakings mentioned in Articles I and II of the present convention, as incumbent on them respectively, and these undertakings shall be executed by the companies with the least possible delay and as far as possible simultaneously.

ARTICLE IV. The maintenance of the tracks, of the installations for despatch and transhipment and all the other appurtenances upon the ground of each railway shall respectively be taken charge of by the companies.

ARTICLE V. The traffic between the South Manchuria Railway and the Chinese Eastern Railway shall be established in conformity with the following conditions:

The passenger trains of the South Manchuria Railway, with the passengers, their baggage and other objects transported by those trains proceed on the

Japanese track to the Russian station of Kuanchengtze, and the passenger trains of the Chinese Eastern Railway, with the passengers, their baggage and other objects transported by those trains proceed on the Russian track to the Japanese station of Changchun.

The trains of the South Manchuria Railway with freight for the Chinese Eastern line come on the Japanese track to the Russian station of Kuanchengtze, where the delivery and transhipment of the merchandise to the Russian railway are effected, and the trains of the Chinese Eastern Railway with freight for the South Manchuria line come by the Russian track to the Japanese station of Changchun, where the delivery and transhipment of the merchandise to the Japanese railway are effected.

ARTICLE VI.-The time schedule for the movement of trains, with a view to the connexion of the two railways, shall be arranged in common by the managements of the two Railway Companies.

ARTICLE VII. The passenger fares and freight charges for traveling between the terminal stations shall be collected: those going from south to north, in conformity with the tariffs in force on the South Manchuria line, and those going from north to south, in conformity with the tariffs in force on the Chinese Eastern line.

The distribution of the fees collected for transport on the lines of the two Companies shall be made in accordance with an agreement to be concluded between the managements of the two Companies.

ARTICLE VIII.—Each of the two companies enjoys the right gratuitously and reciprocally to make use of the connecting line and the installations attached to the service of transhipment belonging to the other.

ARTICLE IX.-The two railway Companies shall organize a train service mutually co-ordinated and sufficient to ensure regular passenger and freight traffic, and establish regulations and provisions for the service of operation, all in conformity with the interests of that service.

ARTICLE X.-All the provisions to be later adopted on the basis of the present Convention and concerning the train service, the transportation of passengers, the transhipment of merchandise, the signal service, etc., shall be regulated by special arrangement between the two Companies, with due approval of the respective Governments. The mutual use of the means of transportation, the relations between employees of the two railways as well as the mode of fixing the joint quota due to each administration in the distribution of the receipts, shall be regulated subsequently by similar arrangements.

ARTICLE XI. In all cases where the managements of the two railways cannot agree on points covered by the present Convention or in general upon all other points concerning their reciprocal relations mentioned in this agreement, the differences shall be regulated by the decision of the two respective Governments, arrived at in common after the exchange of views between them on the subject.

In proof whereof the Envoy Extraordinary and Minister Plenipotentiary of Japan and the Minister of Foreign Affairs of Russia have signed the present Provisional Convention and affixed their seals thereto.