United States. Dept. of Commerce and Labor United States. Bureau of Foreign Commerce.

Consular reports, Issues 224-227 online

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NEW PORTS.

In May, 1898, the Korean Government announced that four new
ports were to be opened to foreign trade and residence.* These
were: Kunsan, on the west coast, south of Chemulpo; Masampo, on
the southern end of the peninsula, near Fusan ; and an obscure place
called Sungchin, on the east coast; while the northern capital, Peng
Yang, was to be opened as a trade mart. After some delay, it has
been officially announced that May i, 1899, ^s the date for the formal
opening of these ports, at which tinfe regulations for a municipal
council will take effect within certain defined limits, as in the case of
the other open ports. The regulations to be adopted are those at
present in force at the ports of Mokpo and Chenampo.f

RAILROADS.

I recently made a report in detail regarding the Seoul-Chemulpo
Railway, a road 25 miles in length, standard American gauge, con-
necting Seoul, the capital of Korea, with Chemulpo, the chief port
of the country.! This road was being built by Messrs CoUbran and
James, Americans, for the American concessionnaire, James R. Morse,
at a cost of $1,500,000 gold, including an extensive iron bridge over
the Han River which was to cost $190,000. The material was mostly
on the ground, and the earthwork was about completed, together
with the abutments of the bridge and an extensive sea wall and re-
\claimed foreshore,* when, on December 31 last, the concession and
{properties were sold by Mr. Morse to a Japanese syndicate. The
work is intended to be completed during the year. This is the first
railroad to be built in Korea, and the materials and equipment are
almost entirely from America. The Japanese have a concession to
connect Seoul with the port of Fusan, several hundred miles distant
at the extreme southern end of the peninsula. Engineers are now
going over the proposed route.

A French syndicate holds a concession for a railroad to connect

♦See Consular Reports No. 216 (September, i8q8), p. 31.
tSec Consular Reports No. 209 (February, i8q8), p. 228.
i^ See Consular Reports No. 215 (August, 1898), p. 563.



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TRADE OF KOREA. 415

Seoul with the northwestern border, where at one time it was sup-
posed such a line would connect with the Russian lines in Manchuria.
There seems to be no present indication that this road will be built.

ELECTRIC ROAD.

H. Collbran, the American contractor for the Seoul-Chemulpo
Railway, is just completing the construction of an overhead-trolley
electric street railroad of some 6 miles in length, in Seoul, for a
Korean company. The materials for this road are from America
and Japan, the car bodies having been neatly constructed by the
Japanese.

GOLD MINES.

During the past year, a concession was granted to an English
syndicate for a mining district to be hereafter selected and to be
worked for a period of twenty-five years upon terms somewhat sim-
ilar to those of the American and German concessions — that is,
upon a payment to the Korean Government of one-fourth of the
net proceeds of such work.

The American gold mines in the northern province of Peng Yang
are becoming promising, judging by the activity with which the
work is prosecuted. This company employs nearly forty Americans
at its mines, which include the whole district of Woon San, some
1,000 square miles. The work at present is in rock, though the
placers are good and will receive attention later. The company at
. present works only twenty stamps, but forty stamps more, from the
Union Iron Works, are being erected. Some one thousand two hun-
dred Koreans are employed in and about the mines in various capac-
ities, and as miners they are considered excellent. The prospects
are so good that the company is contemplating the enlargement of
its facilities in various ways.

DISEASES.

Intermittent fevers, smallpox, typhus, typhoid, and relapsmg
fevers have been unusually severe during the past winter owing
probably to the very mild weather. There has not, however, been
an epidemic of these diseases. Owing to the mild winter, cholera
may be expected to be somewhat severe during the commg sum-
mer. Reports of diseases and deaths are not kept by the Korean
Government, and statistics are not obtainable. The climate is the
best in the whole East, as the records of our naval vessels stationed
at Chemulpo will demonstrate.

Horace N. Allen,

Seoul, March ji^ iS^g. Consul- General.



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4i6



NEW COPYRIGHT LAW OF JAPAN.

Imports from the United States into Korea in i8g8.



Articles.



Value.



Shirtings sheetings, and drills.,

Bicycles

Cement

Flour

Furniture

Haberdashery

Machinery

Mining supplies

Machine oil

Kerosene

Provisions

Railroad plant and material

Telegraph

Mines

Toul



Yen.

x,46i
4,903
38, KH

X2,24X

"9.503
IS. 816
80.659
4,010
378,7^
75.299
595.723
5,906



l«3. 795.5*'

730.00

a.45«-5o

i9,xoa.oo

6,130.50

9,75«-50

7,908.00

40.339. 50

2,005.00

189,380.00

37.649- 50

297,861.50

2,953.00

5,000.00



1.270.075 j 635,037.50



Total iradt


'f


Korea


in


J8g8,






Description.


Value.


Total net imoorts from all countries.










Yen,
11,818,375
5.709,489


15,909,187.50
2,854.794-50


Total cxDorts.












Total trade*


17.527.864


8,763,932-00














a. 375, 725


1,187,862.50





NEW COPYRIGHT LAW OF JAPAN.

I give below translation by the Japan Gazette of the newly
enacted copyright law of Japan :

Law No. 39.— Law of Copyright,
chapter 1. — rights of author.

Article L The author of documents, lectures, drawings and paintings, designs
for engravings, photographs, and other matters belonging to the province of liter-
ature, science, and the fine arts shall have exclusive right of reproducing his work.
The copyright of literary and scientific productions includes the right of translating
them, and that of all kinds of theatrical plays and musical notes includes the right
of their performance in public.

Art. H. The copyright can be transferred to another person.

Art. III. The copyright for productions published or exhibited shall remain in
effect during the lifetime of the author concerned, and may be continued for thirty
years after his death. The copyright of joint productions of many persons may
be kept in effect for thirty years from the death of the person who died last.

Art. IV. The copyright of posthumous productions may be kept in effect for
thirty years from the date of their first publication or exhibition.

Art. V. The copyright in works under nom de plume or in anonymous pro-



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NEW COPYRIGHT LAW OF JAPAN. 417

ductions may be kept in efifect for thirty years from the date of their publication or
exhibition^ provided that Article III be applied if the true name of the author is
registered during the interval.

Art. VI. The copyright of works published or exhibited in the name of Govern-
ment or public oflSces, schools, temples, shrines, associations, companies, or other
bodies shall continue in effect for thirty years from the date of publication or
exhibition.

Art. VII. The author will lose the right of translating his original works if he
does not publish the translation within ten years from the dale of publication of
his ordinary work.

If the author has published the work translated into the language for which he
wants to receive protection within the foregoing period, the right of translating
into that language will not be lost.

Art. VIII. When works are to be published volume after volume, the calcula-
tion of the periods mentioned in the foregoing articles will be commenced from the
date of publication of each volume.

In case works are gradually published in parts one by one until they are com-
pleted, the periods mentioned in the foregoing articles shall be counted from the
date of publication of the last part; provided that if such works are not completed
within three years, the last part of the works published by that time shall be con-
sidered as the final part of the works.

Art. IX. In calculating the period of time during which copyright is in effect,
in the cases of the foregoing six articles, the calculation will be commenced from
the year following that of the death of the author or of the publication or exhibition
of his works.

Art. X. The copyright will disappear when there is no successor.

Art. XI. The following can not be made the object of copyright:

(i) Legal instructions and Government and public documents.

(2) Miscellaneous reports, political opinions, or current topics mentioned in
newspapers and periodicals.

(3) Lectures or speeches delivered in open judicial courts. Diet, or political as-
semblies.

Art. Xn. The publisher or exhibitor of nom de plume or anonymous works
can hold the right belonging to the author, provided that this is expected if the
author has registered his true name.

Art. XIII. The copyright of works produced jointly by several persons shall be
their common property.

When an author refuses to publish or exhibit works, in cases where the part of
the work borne by each author is uncertain, the other may obtain his share by
paying compensation to the refuser, provided that this will be excepted in cases
where an agreement to the contrary exists between the parties. In case the part of
the work borne by each author is known, and one or more of them refuses to pub-
lish or exhibit the works, the other authors may separate the parts they have done
and publish or exhibit them, provided that this will be excepted if an agreement to
the contrary exists..

In the case of clause 2 in this article the name of an author who has refused to
publish or exhibit the works can not be mentioned in the works to be published.

Art. XIV. Persons who have edited several works according to regulations
shall be recognized as authors, and they can enjoy copyright for the whole of the
works edited, provided that the copyright of each work shall belong to the respec-
tive author.

Art. XV. Persons entitled to copyright may obtain the registration of copy-
right.

No. 226 2.



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41 8 NEW COPYRIGHT LAW OF JAPAN.

Unless the author registers the copyright of works he has published or ex-
hibited, he can not institute civil action against plagiarists.

The transfer or hypothecation of a copyright can not be set up against a third
party unless such transfer or hypothecation has been registered.

The author of works under nom de plume, or of productions for which he gives
no name, may obtain the registry of his true name.

Art. XVI. The registration will be executed by administrative offices.

The regulations relating to registrator will be determined by instructions.

Art. XVII. No original copy and copyright of works which have not been pub-
lished or exhibited shall be attached on behalf of creditors, provided that this will
be excepted in case the author has agreed to it.

Art. XVI II. No person who has obtained the transference of copyright can
change the name or title of author or alter or revise the title or contents of the
works without the consent of the author.

Art. XIX. No new copyright will be obtained by adding kana, punctuation, in-
flection, criticisms, notes, supplement, or drawings to original works or by making
other revision, addition, or reduction remodeling the original work, provided that
exception will be given to those which can be considered as new works.

Art. XX. Any article or note published in newspapers and periodicals (novels
and fictions excepted) may be reproduced by giving its origin if the author does not
conspicuously mention in his paper that its transference is prohibited.

Art. XXI. Persons who have made translation in accordance with regula-
tions will be recognized as authors, and they are entitled to the protection of this
law.

As to works the right of translating which has disappeared, the translator can
not prevent others translating the works.

Art. XXII. Persons who reproduced fine-art works in accordance with law and
with arts different from the one by which the original works have been made will
be recognized as authors, and they are entitled to the protection of this law.

Art. XXIII. The copyright of photographs shall be kept in effect for ten
years. The foregoing period of time will be counted from the year following that
of the first issue of works. If not issued, it will be counted from the year following
the one in which the original plates are made. Persons who reproduce fine-art
works in accordance with law and with the art of photography may be entitled to
the protection of this law during the same period as the one given to original
authors, provided that where a special restriction is agreed to between the persons
concerned it shall be observed.

Art. XXIV. The copyright of photographs inserted in literary or scientific works
and made or caused to be made specially for the works shall belong to the author
of such literary or scientific works and be continued in effect for a period of time
similar to that allowed to the author for the works.

Art. XXV. The copyright of photographs and portraits made at the request of
other persons shall belong to the persons who have made such request.

Art. XXVI. The provisions relating to photographs shall be applied to works
made in accordance with the art similar to that of photography.

Art. XXVII. Works the authorship of which is uncertain, and which have not
been published or exhibited, may, in accordance with instructions, be published or
exhibited.

Art. XXVIII. The provisions of this law shall be applied with respect to the
copyright of foreigners (those specially determined by treaty excepted); provided,
that in case no provision is made in the treaty relative to the protection of copy-
right, those foreigners who have published their works for the first time in the
Empire shall alone be entitled to enjoy the protection of this law.



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NEW COPYRIGHT LAW OF JAPAN. 419

CHAPTER II. — PLAGIARISM.

Art. XXIX. Persons who have violated copyright shall be considered as plagia-
rists, and they shall be held responsible for the damage resulting therefrom pro-
vided for in this law and in chapter 5 of Section III in the civil code.

Art. XXX. To reproduce works already issued in the following ways shall not
be considered as plagiarism:

(i) To make reproductions without the idea of issuing them and without conform-
ing to mechanical or chemical method.

(2) To condense and quote in one's own works within due limits.

(3) To extract and edit within the proper limit for the purpose of adapting them
for elementary moral text-books and readers.

(4) To insert phrases and clauses in literary and scientific works in plays made
by oneself or to adopt them in his own musical compositions.

(5) To insert fine-art works as material for explaining literary or scientific work:
or vice versa.

(6) To make drawings or paintings into designs for engravings or molds for en
gravings into drawings or paintings.

In all the cases in this article the origin of works shall be clearly indicated.

Art. XXXI. Persons who import plagiarized works with an object of distribu
ting them for sale in the Empire shall be considered as plagiarists.

Art. XXXII. Persons who have published explanatory answers of questions
made for training purposes shall be considered as plagiarists.

Art. XXXIII. Persons who have made plagiarist works with fair intention and
without fault and received profits thereby, causing other persons to suffer loss, shall
be held responsible to repay such amount as is within the limit of amount gained.

Art. XXXIV. The copyright holder of works made jointly by a number of per-
sons may .prosecute against plagiarism without the consent of other copyright hold-
ers and claim compensation and damages for his share or the repayment of profits
mentioned in the preceding article in proportion to his own share.

Art. XXXV. When a civil suit is instituted against plagiarists, persons whose
names are mentioned in the works as authors shall be considered as the authors.

In the case of works under nom de plume or anonymous works, the person
whose name is given as publisher shall be considered as the publisher.

In the case of the exhibition of plays and musical compositions not yet pub-
lished, the person who is given in the exhibition as the author shall be considered
as the author.

When the name of an author does not appear in a play or musical composition,
the performer shall be considered as the author.

Art. XXXVI. When civil or criminal suit is instituted against plagiarists, the
court can suspend the sale of the works supposed to be plagiarized or attach them
or suspend their exhibition, with or without causing the accuser or the plaintiff to
give sureties, in accordance with the latter's wish. If on trial it is found that the
works in the foregoing clause are not plagiarized, the claimant shall be held re-
sponsible for all losses arising from their suspension or attachment.

chapter III. — PUNISHMENT.

Art. XXXVII. Plagiarists or persons who have knowingly sold or distributed
plagiarized works shall be punished by a fine ranging from 50 to 500 yen ($24.90
to I249).

Art. XXXVIII. Offenders against Article XVIII shall be punished by a fine of
from 30 to 300 yen (I14.94 to I149.40).

Art. XXXIX. Persons who have reproduced works without mentioning their
origin in violation of Article XX and clause 2 of Article XXX and persons who have



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420 NEW COPYRIGHT LAW OF JAPAN.

violated the provisions of clause 4 of Article XIII shall be fined from 10 to 100 yen
(I4.9810I49.80).

Art. XL. Publishers of works on which the name and title of a person other
than the author is mentioned shall be punished with a fine of from 30 to 500 yen
($14.94 to I249).

Art. XLL Persons who have made alterations in the works of other persons
and injured their authors or changed their title, or have hidden the names and
titles of the authors and published the works as works of other persons, shall be
punished, even though the copyright of the original works has disappeared, by a
fine of from 20 to 200 yen ($9.96 to $99.60).

Art. XLII. Persons who have obtained the registration of plagiarized works
shall be fined from 10 to 100 yen ($4-98 to $49.80).

Art. XLII I. Plagiarized works and instruments and apparatus employed for
plagiarism shall be forfeited when they are in possession of the plagiarists or other
persons concerned.

Art. XLIV. The offenses alluded to in this chapter shall be dealt with only
when an action is brought by the aggrieved party, provided that this is to be ex-
cepted when the author has died, in the case of Article XXXVIII or of Articles XL
and XLII.

Art. XLV. Prescription of public action against offenses in this chapter shall
be acquired by the lapse of two years.

CHAPTER IV. — SUPPLEMENTARY RULES.

Art. XLVI. The date of operation of this law shall be determined by imperial
decree. Copyright law (issued in 1893 under law No. 16), regulations for theatrical
plays and musical compositions (issued in 1887 under imperial decree No. 78), and
copyright law for photographs (issued in 1887 under imperial decree No. 79) shall
be abolished from the date on which this law comes into force.

Art. XLVII. Works the copyright for which does not disappear before the com-
ing into force of this law shall enjoy the protection of this law.

Art. XLVI 1 1. The reproduction of works which are not recognized as plagia-
rized and which have been reproduced or are being reproduced before this law comes
into force may be completed and distributed for sale.

The instruments and apparatus used in making the reproductions mentioned in
the preceding clause may be used for five years from the date of operation of this
law, if they exist.

Art. XLIX. The translation of works which are not recognized as plagiarized
and which have been translated or are being translated before coming into opera-
tion of this law may be completed and distributed for sale, provided that the trans-
lated works are required to be published within seven years from the date of
coming into force of this law.

The translated works mentioned in the foregoing clause may also be reproduced
within five years from the date of their publication.

Art. L. Works which are not recognized as plagiarized and which have been or
are being exhibited before the coming into force of this law may be exhibited for
five years from the date of operation of this law.

Art. LI. In the case of Article XLVIII or of Article L, reproductions can not
be distributed for sale or exhibited unless the necessary provisions prescribed by
decree shall be fulfilled.

Art. LII. This law shall not be applicable to architectural matters.

John F. Gowey,
Yokohama, March 11^ iSpp. Consul- General.



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NEW TRADE-MARK LAW OF JAPAN. 42 1



NEW TRADE^MARK LAW OF JAPAN.

The secretary of the legation at Tokyo, Mr. Herod, sends, under
date of March 31, 1899, a copy of the trade-mark law passed by the
last Japanese Diet, as follows:

[From the Japan Gazette, Yokohama, March 35, 1899.]
Trade-Marks Law.

LAW NO. 38.

Article L Any person wishing to make exclusive use of a trade-mark to dis-
tinguish his own merchandise, shall obtain registration of the device chosen
according to this law.

Art. IL Letters, diagrams, or marks which correspond with the following de-
signs will not be registered as trade-marks:

(i) Those which are exactly similar to the imperial chrysanthemum escutcheon
or resemble iL

(2) Those which are exactly similar to or resemble a national or naval or military
flag or decorations or a foreign national flag.

(3) Those which are liable to disturb public order, injurious to public morals, or
apt to deceive the public.

(4) Those which are exactly similar to or resemble one already in use for the
same article by other persons, or one which has not for more than one year lost
the effect of registration.

(5) Those which are exactly similar to or resemble one in use by another person
prior to the coming into force of these regulations.

(6) Those which show the common name of an article or its place of production,
or which show its grade, quality, or shape by customary commercial letters, dia-
grams, or marks, or which mention commonly used names of persons, companies,
or partnerships or business names by common type of letters.

(7) Those which have no inclosure, figured ground, or other conspicuous marks.
Art. in. The period of time during which a trade-mark can be exclusively used

shall be twenty years, counted from the date of registration.

The term of exclusive use of the trade-marks registered in foreign countries
and also in the Empire afterwards shall be the one allowed in the original regis-
tration, provided that it shall not be allowed to exceed twenty years.

Art. IV. Persons desirous of continuing the use of their trade-marks after the
term of their exclusive use has expired may apply for a fresh registration.

Art. V. The exclusive use of trade-marks is limited to articles indicated by ap-
plicants according to the distinctions prescribed by the Minister of Agriculture and
Commerce.

Art. VI. When the holder of a trade-mark wishes to transfer his business to
another person or engage in business jointly with him, he may transfer or hold in
common his trade-mark. In this case, he can not set up against a third person
unless an application is made to the patents bureau and the change registered.

When the holders of a trade-mark for a similar article own trade-marks resem-
bling it, they can not obtain registration under the foregoing clause unless they
make transfers mutually or hold in common or abandon the use of such similar
trade-marks.

Art. Vn. Persons wishing to obtain the registration of a trade-mark shall
apply to the director of the patents bureau. The application should be accompanied



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42 2 NEW TRADE-MARK LAW OF JAPAN.

by samples of the merchandise on which a trade-mark is affixed, and in it should
be given descriptions of merchandise for each trade-mark.

Art. VIII. When two or more than two persons have applied for the registra-
tion of trade-marks similar to or resembling another for a similar article, the reg-
istration will be allowed to the person who has applied first; when two or more
applications are filed simultaneously, neither shall be registered; provided that this
shall not apply to cases where all the applicants are reduced to one person [by the



Online LibraryUnited States. Dept. of Commerce and Labor United States. Bureau of Foreign CommerceConsular reports, Issues 224-227 → online text (page 50 of 92)