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

Consular reports, Issues 224-227 online

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withdrawal of the others].

Art. IX. When persons who have made an application for the registration of
their trade-marks in a country belonging to the international union for the protec-
tion of industrial rights have applied for the registration of a similar trade-mark
within four months from the date of the original application, the new application
shall have the same effect as the one made on the day of the original application.

Art. X. When the trade-marks registered are found to be in violation of Article
II or VIII, the registration shall be null and void; provided that this shall not be
applied to cases where those trade-marks which correspond with No. 4 or 5 of Arti-
cle II or which conflict with Article VIII and have passed three years since their
registration.

Art. XI. In the following cases, the director of the patents bureau may cancel
the registration:

(i) When the holder of a trade-mark has embodied untrue statements in it
relating to the place of production or quality of commodities on which the trade-
mark is used after its registration is made.

(2) When the holder of a trade-mark has not, without valid reason, appointed
the agent referred to in Article VI of the patents regulations in accordance with
Article XX within six months.

Art. XII. The right to exclusive use of a trade-mark ceases with the abolition
of the business by the holder of registered trade-mark.

Art. XIII. Any person desirous of obtaining the registration of his trade-mark
shall pay a fee of 30 yen (I14.94) for each kind of commodity on which a trade-
mark is used. The same shall apply when a trade-mark is renewed.

Art. XIV. The patents bureau shall issue the trade-marks Official Gazette and
publicly notify all necessary matters relating to the registration of a trade-mark.

Art. XV. When a witness or an appraiser has made false statements or judg-
ment to the patents bureau or a court by which he has been requested to give
evidence, he shall be punished with major imprisonment from one month to one
year and a fine ranging from 5 to 50 yen ($2.49 to $24.90).

Persons who have caused him to make false statements or judgment by bribes
or other means shall be similarly punished.

When the offenders alluded to in the two foregoing clauses have given them-
selves up at the patents bureau or the court by which they have been requested
before decision or judgment is given, they shall be acquitted of punishment.

Art. XVI. Persons who have manufactured, delivered, or sold a trade-mark
similar to or resembling one belonging to another person knowing that it is the
trade-mark of the latter, or who have used on their merchandise a trade-mark simi-
lar to or resembling that registered by another person, or who have knowingly sold
or stored for sale such merchandise shall be punished with major imprisonment of
from one month to two years or a fine of from 20 to 500 yen ($9.96 to $249).

Persons who have used boxes, covers, or other things in which merchandise is
packed for similar commodities knowing that such boxes, etc., have a registered
trade-mark of another person, or who have, with knowledge, sold or stored for sale
such merchandise, or who have used a trade-mark similar to or resembling the reg-
istered trade-mark of another person in advertisements, signboards, or business
circulars for the purpose of selling similar articles, shall be punished in like manner*



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PATENTS AND TRADE-MARKS REGISTERED IN JAPAN. 423

Art. XVII. Persons who have obtained the registration of a trade-mark by
fraudulent representations, or who have affixed labels of registered trade-marks or
marks resembling them on commodities for which no trade-mark has been regis-
tered, or who knowingly sold or stored for sale such commodities, shall be punished
by major imprisonment of from fifteen days to one year or a fine of from 10 to
300 yen (I4.98 to I149.40).

Persons who have used in their advertisements, signboards, or business circu-
lars a label showing that a trade-mark is registered or a mark resembling it, for the
purpose of selling their goods without getting their trade-marks registered, shall
be similarly punished.

Art. XVIII. In the case of Article XVI or Article XVII, a trade-mark and arti-
cles for its production shall be forfeited, and merchandise, boxes, covers, or other
articles which could not be separable from the trade-mark will be ordered to be
destroyed.

Art. XIX. Offenses under Article XVI shall be dealt with only on the produc-
tion of an accusation by the aggrieved party.

Art. XX. The provisions in Articles VI-X, Articles XII, XIII, XV, XXI,
XXIII, Articles XXVIII-XXXVII, Articles XLIII and LI in the patents regulations
shall be applied with regard to trade-marks.

Art. XXI. When a guild composed of business men of the same line to which
permission has been granted by the authorities concerned wishes to exclusively use
its business mark for a trade-mark, registration may be obtained in accordance
with these provisions.

The business mark registered according to the preceding clause shall be the
same as a registered trade-mark.

SuppUmffitary rules.

Art. XXII. These regulations shall be put into force from July i, 1899.

Art. XXIII. The trade-marks regulations issued in 1888 under imperial ordi-
nance No. 86 shall be abolished simultaneously with the coming into force of these
regulations.

The trade-mark registered under the existing trade-marks regulations shall have
the same effect as those obtained in accordance with these regulations.

Applications or claims which have not been settled before these regulations
come in force shall be considered as applications or claims made according to these
regulations and dealt with accordingly.

Art. XXIV. For trade-marks which correspond with No. 3 of Article II in the
trade-marks regulations issued in 1888 under imperial ordinance No. 86 or those
which have been registered in violation of Article VIII of the same regulations,
and should be null and void, a trial for making their registration null and void,
according to Article X of the same regulations, may not be claimed after the expi-
ration of two years from the date of operation of these regulations.



PATENTS AND TRADE-MARKS REGISTERED IN

JAPAN.

I forward herewith a statement giving official statistics relative
to patents, trade-marks, and designs registered in Japan from No-
vember 18, 1896 — the date upon which foreigners were first enabled
to secure protection — to December 31, 1898. The remarkably small
number of patents issued is due to the exclusion of any invention



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424



JAPANESE LAWS RELATING TO FOREIGNERS.



not absolutely novel or which has been made public in any manner
previous to application for letters in Japan. Many valuable foreign
trade-marks have been appropriated and even registered by Japanese
here. Such registration has, under rulings of the Japanese patent
bureau, been held sufficient to prevent the subsequent application
resulting in protection or adequate redress to the lawful foreign
owner of the mark.

By a law passed at the late session of the Japanese Parliament, a
translation of which I shall shortly forward to the Department, for-
eign inventors will be allowed seven months' time from application
abroad within which they can apply for Japanese letters patent.

John F. Gowev,

Yokohama, March 14^ i8pp. Consul- General.



Statistics of patents ^ trade-marks^ and designs in Japan from November iS, i8g6<, to

December ji, i8g8.



Applications.



By foreigners:

Patents

Trade-marks.

Designs

By Japanese:

Patents

Trade-marks.

Designs



Filed.



NHtnhfr.

239

2.437

13

3 1252

3,483

623



Registered.



NufMber.

18

1,928



3x6

1,867

83



Rejected.



Number.

4
277



523
603
17s



Pending.



Number.

127
3

2,065
740
263



Annulled
or with-
drawn.



Number.



348
273

I03



JAPANESE LAWS RELATING TO FOREIGNERS.

Mr. Herod, secretary of the legation at Tokyo, sends, under date
of March 31, 1899, printed translations of laws relating to foreigners
passed by the last Japanese Diet, as follows: Naturalization law,
tonnage dues regulations, law relating to the use of seals by foreign
ers, and the right of legal succor. The laws read ;

NATURALIZATION LAW.

Article I. A child whose father is a Japanese subject, when born, shall be a
Japanese subject. If his father, who died before he was born, was a Japanese
subject, the child shall also be a Japanese subject.

Art. II. When a father has lost Japanese nationality by divorce or separation
prior to the birth of a child, the provisions in the preceding article shall be applied
back to the beginning of the pregnancy of the mother.

The provisions in the foregoing clause shall not be applied to cases where both
father and mother have left their family, provided that this shall not be applicable



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JAPANESE LAWS RELATING TO FOREIGNERS. 425

when the mother has been restored to her original registration prior to the birth of
the child.

Art. III. In cases where the father is unknown, or where he has no nation-
ality, if the mother is a Japanese subject, the child shall be Japanese.

Art. IV. If both the father and mother of a child born in Japan are unknown
or have no nationality, the child shall be Japanese.

Art. V. A foreigner shall acquire Japanese nationality in the following cases:

(i) When she (if a female) becomes the wife of a Japanese.

(2) When he (if a male) is adopted [into a family] as the husband of a Japanese.

(3) When recognized by a Japanese father or mother.

(4) When adopted as the son or daughter of a Japanese.

(5) When naturalized.

Art. VI. In the acquiring of Japanese nationality by foreigners by recognition,
the following conditions are required to exist:

(i) That the foreigners are in the age of minority according to the law of their
original countries.

(2) That they (if females) are not wives of foreigners.

(3) That either father or mother, whichever first recognizes the child, shall be
Japanese.

(4) That when both father and mother have recognized the child at the same
time, the father shall be Japanese.

Art. VII. Foreigners may be naturalized by obtaining the permission of the
Minister for Home Affairs.

The Home Minister shall not be allowed to give permission for naturalization
unless the following conditions are complete:

(i) That the applicants shall have their domicile in Japan for five consecutive
years or upwards.

(2) That they shall be 20 years of age or upwards and have qualifications accord-
ing to the laws of their original countries.

(3) That they shall be of upright character.

(4) That they shall own property or possess accomplishments which will enable
them to lead an independent livelihood.

(5) That they shall have no nationality, or lose their nationality on account of
acquiring Japanese nationality.

Art. VIII. The wife of a foreigner shall not be allowed to be naturalized unless
in company with her husband.

Art. IX. The following foreigners may be naturalized if they actually have
their domicile in Japan, though the conditions in No. i in clause 2 of Article VII
are not complete:

(i) Those whose fathers or mothers are Japanese.

(2) Those whose wives are Japanese.

(3) Those who were born in Japan.

(4) Those who have resided in Japan for ten consecutive years or upwards.

Those in Nos. i to 3 in the preceding clauses shall not be allowed to be natural-
ized unless they have resided in Japan for three consecutive years or upwards, pro-
vided that this shall not apply to cases where either father or mother in the case of
No. 3 is born in Japan.

Art. X. Foreigners may be naturalized even though the condition in Nos. i, 2,
and 4 in clause 2 of Article VII are not complete, if they actually have their domi-
cile in Japan and if either their father or mother is Japanese.

Art. XI. Foreigners who have rendered special meritorious services to Japan
may be allowed to be naturalized by the Home Minister, subject to the imperial
sanction, the provisions in clause 2 of Article VII notwithstanding.



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426 JAPANESE LAWS RELATING TO FOREIGNERS.

Art. XII. Notice of naturalization is required to be given in the Official Gazette.

Naturalization can not be set up against a third party who has acted in good
faith unless after such naturalization has been notified.

Art. XIII. The wife of a person who acquires Japanese nationality acquires
Japanese nationality in company with her husband.

. The provisions in the foregoing clause shall hot apply to cases where there are
contrary provisions in the law of the country to which the wife belongs.

Art. XIV. When the wife of a person who has acquired Japanese nationality
has not acquired Japanese nationality in accordance with the provisions of the
foregoing article she may be allowed to be naturalized even though the conditions
in clause 2 of Article VII are not complete.

Art. XV. When a child of a person who acquires Japanese nationality is in the
age of minority according to the law of its original country, it acquires Japanese
nationality in company with its father or mother.

The provisions in the foregoing clause shall not apply to cases where there are
contrary provisions in the law of the child's original country.

Art. XVI. Naturalized persons, children of naturalized persons acquiring Jap-
anese nationality and persons who are adopted as husbands or sons of Japanese
shall not be entitled to enjoy the following rights:

(i) To become a minister of state.

(2) To become the president, or vice-president of the Privy Council or a court
councilor.

(3) To become an official of the imperial household of chokunin rank.

(4) To become a minister plenipotentiary.

(5) To become a commissioned officer of the army or navy.

(6) To become the president of the court of cassation, of the audit bureau, or of
the court of administrative litigation.

(7) To become a member of the Imperial Diet.

Art. XVII. The Home Minister may remove, after obtaining an imperial sanc-
tion, the restrictions prescribed in the preceding article after the lapse of five years
from the date of acquisition of nationality in the case of persons to whom naturali-
zation has been allowed in accordance with the provisions in Article XI, and after
the lapse of ten years in the case of other naturalized persons.

Art. XVIII. When a Japanese woman marries a foreigner, she loses Japanese
nationality.

Art. XIX. Persons acquiring Japanese nationality by marriage or adoption
shall lose Japanese nationality by divorce or separation only in cases where foreign
nationality would necessarily be acquired.

Art. XX. Persons who have voluntarily acquired foreign nationality lose Jap-
anese nationality.

Art. XXI. The wife or child of a person who has lost Japanese nationality loses
Japanese nationality when the father's or husband's nationality is acquired.

Art. XXII. The provisions in the preceding article shall not apply to the wives
and children of persons who have lost Japanese nationality by divorce or separa-
tion, provided that this shall be excepted in cases where a wife does not obtain
divorce at the time of the separation from husband, or where a child has left the
family in company with his father.

Art. XXIII. When a child of a Japanese has acquired foreign nationality by
recognition, it shall lose Japanese nationality, provided that this shall not be appli-
cable to cases where the child becomes the wife or is adopted as husband or son of
a Japanese.

Art. XXIV. Boys of the age of 17 years and upwards shall, in spite of the
preceding five articles, not lose Japanese nationality unless they have already sub-



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JAPANESE LAWS RELATING TO FOREIGNERS. 427

mitted to the active service of the army or navy or unless they are under no obli-
gation to submit to the service.

Persons who actually occupy civil or military posts shall not lose Japanese nation-
ality unless they have lost their offices, the provisions in the preceding six articles
notwithstanding.

Art. XXV. When persons who have lost Japanese nationality by marriage have
their domicile in Japan after the marriage has been canceled, they shall be entitled
to recover their Japanese nationality by obtaining permission of the Home Minister.

Art. XXVI. When persons who have lost Japanese nationality on account of
the provisions in Articles XX and XXI, have their domicile in Japan, they may
recover Japanese nationality by obtaining permission of the Home Minister, pro-
vided that this shall not apply to cases where the persons referred to in Article XVI
have lost their nationality.

Art. XXVn. The provisions mentioned in Articles XllI to XV shall be applied
to cases referred to in the foregoing two articles.

Supplementary rule.

Art. XXVIII. This law shall be put into force from April i, 1899.



TONNAGE DUES LAW.

Article I. When vessels going to and from foreign countries for the purpose
of foreign trade enter open ports, tonnage dues of 5 sen (2 cents) will be charged
for each registered tonnage, or for every 10 koku* (four twenty-sevenths of a ton) of
burden each time they enter; provided that if dues at the rate of 15 sen (7 cents) for
each ton of registered tonnage or for every 10 koku are paid at once, no dues shall
be required to be paid for one year at the port where such dues are paid.

The registered tonnage of vessels of a country which has a mode of measure-
ment different from the Empire shall be converted in accordance with the metric
system fixed in the Empii-e.

Art. II. Tonnage dues shall be paid to the custom-house by masters of vessels
when such vessels enter ports.

Art. III. No tonnage dues shall be imposed on vessels which have entered
ports on account of maritime disasters or other unavoidable causes, provided that
this shall not apply to cases where the loading or discharging of cargo is done with-
out being necessitated by any of the causes referred to in this article.

Art. IV. The superintendent of customs may, if he considers it necessary, take
measurements of any vessel.

Art. V. When a vessel has cleared with the intention of avoiding tonnage dues
or without paying them, the master of the vessel shall be punished with a fine cor-
responding to three times the amount of the dues not paid or which it was intended
to avoid.

Art. VI. As regards the investigation and punishment of offenses, the customs
law shall be applied; provided that the term during which a notice is to be carried
out be not more than forty-eight hours from the receipt of such notice.

Art. VII. As to the collection of tonnage dues, the system of collection for
national taxes shall not be applied.

Supplementary rule.

Art. VIII. The date of putting into force of this law shall be fixed by an im-
perial ordinance.



* I koku=about 5.13 bushels.



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428 TRADE OF CHUNGKING.

LAW RELATING TO THE USE OF SEALS BY FOREIGNERS AND THE RIGHT OF LEGAL

SUCCOR.

Article I. In cases where it is required to sign and seal according to the pro-
visions of law, a signature will suffice in the case of a foreigner.

When a seal only is needed, foreigners may substitute a signature for it.

Art. II. Foreigners wishing to obtain legal succor in accordance with Article
XCII of the law of civil procedure are, if they have no dwelling or residence in
Japan, required to prove that they are destitute of means as prescribed in Article
XCIII of the same law, by producing a certificate from the government authorities
in foreign country within the jurisdiction of which they have their dwelling or resi-
dence, provided that the certificate shall also be certified by the foreign consuls
residing in Japan.

Foreigners having their dwelling or residence in Japan shall be required to give
the testimony referred to in the preceding clause by producing a certificate from the
chiefs of cities, towns, or villages where they have dwelling or residence, provided
that in cases where the certificate from the chiefs of cities, towns, or villages can
not be produced, or where the certificate is imperfect, the court may cause such
foreigners to produce the certificate from their government authorities at home,
certified by the consuls residing in Japan.

Supplement,

Art. III. The date of putting this law into force shall be determined by an
imperial decree.



TRADE OF CHUNGKING IN 1898.

The trade of this port shows a decline for 1898, as compared with
that of the previous year. The falling off is due to the partial rebel-
lion in this province, which affected commerce during the last quar-
ter of 1898. Were it not for this incident, the net value of the trade
would, in my opinion, have been considerably greater.

I understand that a concession has been obtained by Mr. Pritch-
ard Morgan to work mines in this province, and at the present mo-
ment English and American engineers are on their way hither for
the purpose. A party of three Englishmen, one of whom is a cap-
tain in the royal artillery and another a lieutenant in the engineer
corps, is now surveying a railway line to run from the neighbor-
hood of Luchow, on the Yangtze, to Yunnan fu, the capital city of
Yunnan Province; thence to Tali fu, in the same province, and on
to the Burmese frontier. I believe more than one route will be sur-
veyed, as the country is very mountainous. The building of this
line of railway is said to be a strategic move on the part of the
British Government.

With regard to the possibility of opening a wider market for
American products and manufactures, which is the main point in a
trade report, the present outlook, as I have said before, is not very
encouraging. With the natural resources of the district still unde-
veloped and the defective means of communication with any trade



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TRADE OF CHUNGKING.



429



center, notable expansion in trade is not to be looked for. Our
exporters must study the wants of the people in this Empire and try
to meet them in so far as possible. The cheapness of labor in China
is a disturbing factor in trade.

In a recent report, Mr. Brenan, of the British consular service,
points out that if the interchange of commodities between the East
and the West is to grow, it is the Western merchant who must dis-
cover what the Chinaman has to give us in exchange for our manu-
factures. The initiative must come from our side; until we can take
more from China, she can not be expected to take more from us.

Geo. F. Smithers,

Chungking, February 24, 18^. Consul.



Value of the trade of Chungking from i8g6 to iSgS.



Description.



1896.



1897.



1898.



Foreign imports.

Native imports.

Exports of local origin

Gross value of the trade of the port

Net value of the trade of the port—/. ^., foreign and
native imports, less reexports and native exports
of local origin.



I5.619.381.69

794,282.05

4,236,038.7a

10,650,301.79



10,649,702.46



$6,248,520.78
2,054,366.54
4,99Si93o«92

13.299. »37-»8



13,298,817.24



15,528.877.31
2,479.265.73
4,086,106.13

12,095,170.80



12,094,248.99



Principal articles of import from i8g6 to i8g8.



Description.



1896.



1897.



1898.



Shirtings:

Gray, plain.. pieces...

White.— do

White Irishes. do

Drills, American do

Sheetings, English do

Chintzes and furniture do

Cotton prints, plain... « do

Turkey-red cottons do

Cotton :

Lastings do

Italians do

Yarn pounds...

Camlets, English pieces...

Lastings do

Long ells do

Spanish stripes do

Cloth, Russian do

Italian cloth do

Iron wire pounds...

Cotton, raw do

Dyes, aniline value...

Medicines do

Oil, kerosene:

American * gallons...

Russian - do

Opium lamps pieces...



374,54'»
37,009
13,856
6,105
18,968
3.103
33.632
15.052

33.580
58,095

22,750.933
2,326

3.231
6,600
3,600

1.735

10,096

139.467

1.745.067

$72,640.46

$89,178.37

23.510
4.700
91,688



459.394
36,964
15 753
10,651
24.550
2,aoi
16,011
10,005

24.973
43.29a
30,837,867
2,212
3.630
5,200
3,220

1,073
12,602

91.467
8,674,533
$49,732.44
$79,823.80

75.780
35.795
75.989



399.346
43.331
7.500
12,721
19.593
3,120
6,800
8.730

36,324

42,038

29,630,800

1,090

4,928

5.144

2,463

646

8,986

172.133

9.678,533

$69,063.41

$105,081.31

55.020

150,661



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430 CUSTOMS REGULATIONS ON THE YANGTZE KIANG.



TRADE AND CUSTOMS REGULATIONS ON THE



Online LibraryUnited States. Dept. of Commerce and Labor United States. Bureau of Foreign CommerceConsular reports, Issues 224-227 → online text (page 51 of 92)