China formulated a patent and copyright office at Peking in 1905, but
it has not yet reached efficiency for various reasons, one being that
the states’ rights feeling is stronger than the centralized government
movement up to date. In the meantime the district or municipal taotai
will, upon application of the foreign consul, issue a proclamation
prohibiting all Chinese within his jurisdiction from manufacturing,
selling or consuming property which is pirated; and such theft and
infringement are considered unpardonable by the great body of highly
moral Chinese guild merchants, as compared with the lack of similar
honor in the first days of modernized commercial Japan. Prosecutions
have been actually carried on in the mixed courts of foreign consuls
and Chinese taotais against Chinese dealers for handling goods made
in Europe and imported into China under marks similar to American
marks registered with the taotai, and the dealers, whether ignorant or
not, have been convicted and severely punished. Until China is able
to establish an efficient patent department the method that should
be followed is to register the mark or patent at the consul’s and
taotai’s office in each province and port where the goods are to be
sold. This will answer very satisfactorily until the growth of trade,
transportation and machinery of government make the central government
more familiar with modern business methods and international law. It is
important in China and absolutely essential in Japan for the foreigner
to register his patent promptly, for a pirate may precede him and cause
irrevocable loss, in Japan at least.
Public-domain text, read in full here on John Shaqi.
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