P
W
I817
010101UTRUM
22
ARTES
SCIENTIA
LIBRARY WRITAST OF THE
VIVERSITY OF MICA
OF MICHIGAN
INNU10000000000000
MALIARIAURRUNTULERERURUNDI
TUEBOR
51:QUERIS PENINSULA
SULAM-AMO
CIRCUMSPIC
TUNININO
AL
VIVLWAUNDIWEDIUMOWY
NTRENMANUAL
nauun
NOTA
MOTOR
.09
2M
WIMMING
A
P


8
PROTECTION TO PATENTS IN CHINA, JAPAN, AND KOREA.
DESIGNS.
IMPERIAL ORDINANCE No. 197.
ARTICLE 1. In regard to designs in Korea the design law a shall be followed; but
in the said law the term “Minister of agriculture and commerce" shall correspond b to
“Resident-general;” “Patent bureau" to “Patent bureau of the residency-general;"
“Courts of law” to “Residencies and the residency-general court;'! “Local courts”
to “Residencies;" and "Supreme court” to “Residency-general court."
The term “Empire” mentioned in article 6 of the patent law shall correspond to
“Japan” or “Korea,” according to the application of this ordinance.
ARTICLE 2. Designs identical with or similar to the form or pattern of the imperial
crest of Japan or Korea may not be registered.
If a registered design is in contravention of the provisions of the preceding para-
graph, the registration thereof shall be invalid.
A person who has discovered that a registered design falls under the provisions of
the preceding paragraph may apply for a trial to the patent bureau of the residency-
general for the purpose of invalidating the registration thereof.
ARTICLE 3. This ordinance shall accord the same protection to Japanese and to
Korean subjects with reference to designs, and shall be also applicable to subjects or
citizens of countries which do not exercise extraterritorial jurisdiction in Korea with
reference to the protection of designs.
SUPPLEMENTARY ARTICLES.
ARTICLE 4. This ordinance shall take effect on August 16, 1908.
ARTICLE 5. Designs registered in Japan prior to the operation of this ordinance
by Japanese subjects, Korean subjects, or American citizens shall be regarded as de-
signs registered in Korea in accordance with this ordinance; but the period for the
exclusive use of the said designs shall correspond to the period for the exclusive use of
the same in Japan.
An owner of a registered design mentioned in the preceding paragraph may not set
up such registration against a person actually using in Korea at the time of the opera-
tion of this ordinance the design in question, nor against the successor of such person.
ARTICLE 6. Designs registered in the United States prior to the operation of this
ordinance by Japanese subjects, Korean subjects, or American citizens may be
registered free of charge if application for registration be made to the patent bureau
of the residency-general within one year from the date of operation of this ordinance;
but the term for exclusive use of the said designs shall correspond to the term for
exclusive use of the same in the United States.
TRADE-MARKS.
IMPERIAL ORDINANCE No. 198.
ARTICLE 1. In regard to trade-marks in Korea, the trade-mark law a shall be fol-
lowed; but in the said law the term “Empire” shall correspond b to “Korea;" “Min-
ister of agriculture and commerce" to "Resident-general;" “Patent bureau” to
“Patent bureau of the residency-general;” “Courts of law” to “Residencies and the
residency-general court;" “Local courts” to “Residencies;” and “Supreme court”
to “Residency-general court."
The term “Empire” mentioned in article 6 of the patent law shall be understood
to means “Japan” or “Korea,” according to the application of this ordinance.
ARTICLE 2. Trade-marks bearing devices identical with or similar to the imperial
crest, national flag, military or naval flags, or orders of merit of Japan or Korea, or
the national flags of other countries, may not be registered.
If a registered trade-mark is in contravention of the provisions of the preceding
paragraph, the registration thereof shall be invalid.
A person who has discovered that a registered trade-mark falls under the provisions of
the preceding paragraph may apply for a trial to the patent bureau of the residency-
general for the purpose of invalidating the registration thereof.
ARTICLE 3. This ordinance shall accord the same protection to Japanese and to
Korean subjects with reference to trade-marks, and shall be also applicable to subjects
or citizens of countries which do not exercise extraterritorial jurisdiction in Korea
with reference to the protection of trade-marks.
a I. e., of Japan.
01. e., "shall be understood to mean."


PROTECTION TO PATENTS IN CHINA, JAPAN, AND KOREA.
11
Japanese or Korean subjects. These conventions extend the effect of
the American-Japanese conventions of 1897 and of 1905, wherein,
respectively, protection is secured in Japan to the above-named classes
of American-owned property.
The Japanese Government has given assurances in the sense that
by the future interpretation of the existing laws and regulations it
will henceforth refuse to entertain applications for wrongful registra-
tion of American rights and will annul such registrations previously
made.
SUGGESTIONS REGARDING REGISTRATION.
Americans desirous of securing protection for their copyrights,
patents, trade-marks and designs against infringement should promptly
secure registration of the same at the Tokyo patent office. Such
registration will protect them in China as well as in Japan and
Korea, provided, however, in the case of the latter country, that such
registrations are to be made matter of record at the patent offices of
the residency-general.
Under the laws of Japan an application for the registration of a
trade-mark, patent, or design, the applicant having no domicile in
Japan, must show the appointment of a duly qualified agent resident
in Japan, who must have been admitted to practice as a patent agent
and entered on the register of the Japanese patent bureau in that
capacity. (See Hall's Manual of Japanese Patent, Trade-Mark, and
Design Law, pages 1 and 2; also Article VI of the patent law and
Article XX of the trade-mark law.) It is also required that this
agent must be furnished with full power of attorney authorizing him
to represent his client in all proceedings before the patent bureau,
both as regards the original application and as regards any matter
that may arise after the registration has been affected. (For a list
of Tokyo patent lawyers, see appendix.).
PROTECTION OF “HONG,” OR COMMERCIAL NAMES, WITHOUT
COMPULSORY REGISTRATION.
Article 4 of the treaty with Japan in relation to the protection of
trade-marks, et cetera, in China, and article 6 of the same treaty
regarding Korea, provide that “hong, or commercial names, in China
or Korea shall enjoy the same protection as extended in the dominions
and possessions of Japan under the convention for the protection of
industrial property, signed at Paris, March 20, 1883.” Reference to
article 8 of this convention shows that “ * * * commercial
names are entitled to protection without obligation of deposit * * * ,"
or, in other words, without compulsory registration.
GENERAL NOTES ON JAPANESE REGULATIONS.
The following information, based on official Japanese utterances,
is of material interest to prospective applicants for registration of
trade-marks, patents, copyrights, etc.
EXPIRATION OF TRADE-MARKS.
Article 12 of the Japanese trade-mark law states that “The right
of exclusive use of a trade-mark expires with the cessation of the
business for which it is used by the proprietor.” Various misunder-
1