countries, signed at Washington on the 28th day of May, 1898, have named for this purpose their respective Plenipotentiaries, to wit:The President of the United States of America, the Honorable Alvey A. Adee, Acting Secretary of State of the United States of America; and The President of the French Republic, Mr. Pierre de Margerie, Chargé d'Affaires of France at Washington; Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed to the following additional and amendatory articles to be taken as part of said Agreement: ARTICLE I. The High Contracting Parties mutually agree that the provisions of the said Agreement shall apply also to Algeria and the Island of Porto Rico. It is further agreed on the part of the French Republic that coffee, the product of Porto Rico, shall enjoy until the 23rd day of February, 1903, the benefit of the minimum customs tariff of France on that article. ARTICLE II. This Amendatory and Additional Agreement shall take effect from and after the date of the President's Proclamation which shall give effect thereto, and shall be and continue in force during the continuance in force of the said Commercial Agreement, signed May 28th, 1898. Done in duplicate in English and French texts at Washington this twentieth day of August, one thousand nine hundred and two. Signed March 15, 1904; ratification advised by the Senate March 24, 1904; ratified by the President May 6, 1904; ratifications exchanged May 7, 1904; proclaimed May 9, 1904. ARTICLES: I. Renunciation of treaties with Tunis, II. Ratification. etc. The President of the United States of America and the President of the French Republic, acting in his own name as well as in that of His Highness the Bey of Tunis, desiring to determine the relations. between the United States and France in Tunis, and desiring to define the treaty situation of the United States in the Regency, have named for that purpose the following plenipotentiaries: The President of the United States of America, John Hay, Secretary of State of the United States; and The President of the French Republic, J. J. Jusserand, Ambassador Extraordinary and Plenipotentiary of France at Washington; Who, after communicating to each other their full powers, which were found in good and due form, have agreed upon the following Articles: ARTICLE I. The Government of the United States declares that it renounces the right of invoking in Tunis the stipulations of the Treaties made between the United States and the Bey of Tunis in August 1797, and in February 1824, and that it will refrain from claiming for its Consuls and citizens in Tunis other rights and privileges than those which belong to them in virtue of international law or which belong to them in France by reason of treaties in existence between the United States and France. The Government of the French Republic agrees on its side to assure these rights and privileges in Tunis to the Consuls and citizens of the United States and to extend to them the advantage of all treaties and conventions existing between the United States and France. ARTICLE II. The present convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the foregoing Articles and have affixed their seals. Done in duplicate at Washington, in the English and French languages, the 15th day of March, in the year 1904. JOHN HAY [SEAL.] [SEAL.] 1905. PROTECTION OF TRADE-MARKS IN CHINA. Agreement effected by exchange of notes October 3, 1905. AMERICAN LEGATION, Peking, China, October 3, 1905. MR. MINISTER AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of the French Republic for the reciprocal protection. against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and France, I am authorized, by the Secretary of State of the United States, to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of France which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of France in China as regards the protection from infringement of their trade marks duly registered in France. I have the honor to be, My dear Colleague, Your obedient servant, W. W. ROCKHILL, His Excellency Monsieur DUBAIL, 24449-VOL 1-10-35 etc., etc., etc. [Translation.] LEGATION OF THE FRENCH REPUBLIC IN CHINA, Peking, October 3, 1905. MR. MINISTER AND DEAR COLLEAGUE: By your despatch of this day Your Excellency has been pleased to inform me that the Government of the United States of America being desirous of reaching an understanding with the Government of the Republic for the reciprocal protection of trade marks, you have been authorized to state to me that the American Consular Courts in China are competent in all matters relating to the counterfeiting of trade marks by persons under the jurisdiction of the United States. Any complaint made by a person under French jurisdiction to an American Consular Court for the purpose of securing against persons under American jurisdiction protection for a trade mark duly registered in the United States of America will be heard by said courts in first instance and on appeal by the competent courts. I have the honor to confirm to Your Excellency this declaration which responds to the request I had made you. So as to perfect the understanding thus arrived at by both countries I am authorized to state on my side to Your Excellency that the Government of the Republic will willingly insure in China protection for duly registered American trade marks which may be counterfeited by persons under French jurisdiction. To that end French Consular Courts in China, for complaints in first instance, and the Court of Saigon, for appeals, will be competent to hear all such cases presented by persons under American jurisdiction. Please accept, Mr. Minister and dear Colleague, the assurance of my highest consideration. G. DUBAIL. PEKING, January 22, 1906. MR. MINISTER AND DEAR COLLEAGUE: In connection with the notes which I had the honor to exchange with Your Excellency on October 3, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word punishment" by our Consular Courts in China of American citizens who may have infringed in China trade marks the property of persons under the jurisdiction of France. 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, my Government is of the opinion that the word "punishment" should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency's attention to the above provision of our law, so that nothing in my note of October 3. last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. To His Excellency M. DUBAIL, etc., etc., etc. W. W. ROCKHILL. The Government of the United States of America and the Government of the French Republic, considering it appropriate to supplement by a new additional Agreement the Commercial Agreements signed between the two countries, at Washington, on May 28, 1898, and August 20, 1902, respectively, have appointed as their Plenipotentiaries, to wit: The President of the United States of America, the Honorable Elihu Root, Secretary of State of the United States; and The President of the French Republic, His Excellency J. J. Jusserand, Ambassador of the French Republic to the United States of America, Who, after an exchange of their respective full powers, found to be in due and proper form, have agreed upon the following articles: ARTICLE I. It is agreed, on the part of the French Government that the application of the duties of the general tariff to coffee, cacao, chocolate, vanilla and other food products known in the French tariff law as "denrées coloniales de consommation," except sugar and its by-products and tobacco, products of the United States, including Porto Rico, shall be conditionally suspended and that the said products shall be admitted into France and Algeria at the rates of the minimum tariff or at the lowest rates applied to the like products of any other foreign origin. In addition, mineral oils from the United States and coming under the decree of July 7, 1893, shall upon entry into France and Algeria enjoy the benefits of the lowest rates of duty. But it is expressly understood that these concessions may be withdrawn in the discretion of the President of the French Republic whenever additional duties beyond those now existing and which may be deemed by him unjust to the commerce of France shall be imposed by the United States on products of France. a Terminated October 31, 1909, under tariff act of 1909. ARTICLE II. It is reciprocally agreed on the part of the United States, in accordance with the provisions of Section 3 of the United States Tariff Act of 1897, that the rates of duty heretofore imposed and collected, under the said Act, on Champagne and all other French sparkling wines upon entering the United States and the Island of Porto Rico shall be conditionally suspended and, instead, the following duties shall be imposed and collected, to wit: On Champagne and all other sparkling wines, in bottles containing not more than one quart and more than one pint, six dollars per dozen; containing not more than one pint each and more than onehalf pint, three dollars per dozen; containing one-half pint each or less, one dollar and fifty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon. But it is expressly understood that this concession may be withdrawn in the discretion of the President of the United States whenever additional duties beyond those now existing and which may be deemed by him unjust to the commerce of the United States shall be imposed by France on products of the United States. ARTICLE III. It is further agreed that, inasmuch as complaints have arisen in both countries regarding the effect of the regulations in force in the respective countries affecting the admission of each other's products, and to the end that if there be in the regulations of either country any provisions which unnecessarily restrict trade, such provisions may be modified, and the cause of complaint removed, a commission of three experts shall be appointed by the Government of the United States and a like commission of three experts shall be appointed by the Government of France. Such Commissions shall in conference each with the other inquire into and ascertain fully the existing conditions in each country as bearing upon the necessity of the regulations affecting the trade of the other country and as bearing upon the practicability of reciprocal tariff concessions. Each commission shall report to its own Government thereon. It is further agreed that upon the basis of the report so made the two Governments shall enter upon an exchange of views to the end that if possible all cause of complaint in their respective regulations regarding the admission of any of the products of either country to the other may be removed. ARTICLE IV. This additional Agreement shall take effect and be in force on and after the first day of February, one thousand nine hundred and eight, and shall continue in force so long as the Agreements signed on May 28, 1898, and August 20, 1902, shall remain in force. Done in duplicate in English and French texts at Washington, this twenty-eighth day of January, one thousand nine hundred and eight. ELIHU ROOT [SEAL] |