peace shall have been finally concluded, their rights will be determined 1 either by the provisions of the treaty or, if the treaty be silent, it will be competent for the United States, through its executive officers, to resume the exercise of such rights and privileges as previously existed and have not been definitely declared terminated. So that if the treaty 5 be silent with reference to copyright, it would, in my opinion, be entirely proper for the Librarian of Congress to admit Spanish subjects, after the conclusion and ratification of the treaty, to to the same copyright privileges that they enjoyed prior to the declaration of war."

TREATY OF PEACE WITH SPAIN, APRIL 11, 1899.

[Signed at Paris, December 10, 1898. Ratification advised by the Senate, February 6, 1899. Ratified by the President, February 6, 1899. Ratified by Her Majesty the Queen Regent of Spain, March 19, 1899. Ratifications exchanged at Washington, April 11, 1899. Proclaimed, Washington, April 11, 1899.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

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15

A PROCLAMATION.

Whereas, a Treaty of Peace between the United States of America and Her Majesty the Queen Regent of Spain, in the name of her August Son, Don Alfonso XIII, was concluded and signed by their respective plenipotentiaries at Paris on the tenth day of December, 20 1898, the original of which Convention being in the English and Spanish languages, is word for word as follows:

[Here follow the names of the respective plenipotentiaries.]

Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after 25 discussion of the matters before them, agreed upon the following articles:

The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba, and in Porto Rico, the Philippines 30 and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date 35 of the exchange of the ratifications of this treaty.

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

1

Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety eight.

And whereas, the said Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged 10 in the City of Washington, on the eleventh day of April, one thousand eight hundred and ninety-nine;

Now, therefore, be it known that I, William McKinley, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause 15 thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this eleventh day of April, in the 20 year of Our Lord one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twentythird.

25

[SEAL.]

By the President:

JOHN HAY,

Secretary of State.

WILLIAM MCKINLEY

In "The Statutes at Large of the United States of America, from March, 1897, to March, 1899." Vol. 30, 8vo. Washington, 1899, pp. 1754, 1760-1761, 1762.

CHINA.

30 TREATY BETWEEN THE UNITED STATES AND CHINA FOR THE EXTENSION OF COMMERCIAL RELATIONS BETWEEN THEM, JANUARY 13, 1904.

[Signed at Shanghai, October 8, 1903. Ratification advised by the Senate, December 18 1903. Ratified by the President, January 12, 1904. Ratified by China, January 10, 35 1904. Ratifications exchanged at Washington, January 13, 1904. Proclaimed, January 13, 1904.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Treaty and three Annexes between the United States of 40 America and China to extend further the commercial relations between them and otherwise to promote the interests of the peoples of the two countries, were concluded and signed at Shanghai in the English and Chinese languages, on the eighth day of October, one thousand nine

hundred and three, the original of the English text of which Treaty 1 and Annexes is word for word as follows:

The United States of America and His Majesty the Emperor of China, being animated by an earnest desire to extend further the commercial relations between them and otherwise to promote the interests 5 of the peoples of the two countries, in view of the provisions of the first paragraph of Article XI of the final Protocol signed at Peking on the seventh day of September, A. D. 1901, whereby the Chinese Government agreed to negotiate the amendments deemed necessary by the foreign Governments to the treaties of commerce and navi-10 gation and other subjects concerning commercial relations, with the object of facilitating them, have for that purpose named as their Plenipotentiaries:—

[Here follow the names of the respective plenipotentiaries.]

Who, having met and duly exchanged their full powers which were 15 found to be in proper form, have agreed upon the following amendments to existing treaties of commerce and navigation formerly concluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations, with the object of facilitating them. 20

ARTICLES RELATING TO TRADE-MARKS, PATENTS, AND COPYRIGHT.

ARTICLE IX.-TRADE-MARKS.

Whereas the United States undertakes to protect the citizens of any country in the exclusive use within the United States of any lawful trade-marks, provided that such country agrees by treaty or convention 25 to give like protection to the citizens of the United States:

Therefore the Government of China, in order to secure such protection in the United States for its subjects, now agrees to fully protect any citizen, firm or corporation of the United States in the exclusive use in the Empire of China of any lawful trade-mark to the exclusive 30 use of which in the United States they are entitled, or which they have adopted and used, or intend to adopt and use as soon as registered, for exclusive use within the Empire of China. To this end the Chinese Government agrees to issue by its proper authorities proclamations, having the force of law, forbidding all subjects of China from infring- 35 ing on, imitating, colorably imitating, or knowingly passing off an imitation of trade-marks belonging to citizens of the United States, which shall have been registered by the proper authorities of the United States at such offices as the Chinese Government will establish for such purpose, on payment of a reasonable fee, after due investiga-40 tion by the Chinese authorities, and in compliance with reasonable regulations.

ARTICLE X.-PATENTS.

The United States Government allows subjects of China to patent their inventions in the United States and protects them in the use and 45

1 ownership of such patents. The Government of China now agrees that it will establish a Patent Office. After this office has been established and special laws with regard to inventions have been adopted it will thereupon, after the payment of the prescribed fees, issue certificates 5 of protection, valid for a fixed term of years, to citizens of the United States on all their patents issued by the United States, in respect of articles the sale of which is lawful in China, which do not infringe on previous inventions of Chinese subjects, in the same manner as patents are to be issued to subjects of China.

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ARTICLE XI. COPYRIGHT.

Whereas the Government of the United States undertakes to give the benefits of its copyright laws to the citizens of any foreign State which gives to the citizens of the United States the benefits of copyright on an equal basis with its own citizens:

upon

Therefore the Government of China, in order to secure such benefits in the United States for its subjects, now agrees to give full protection, in the same way and manner and subject to the same conditions which it agrees to protect trade-marks, to all citizens of the United States who are authors, designers or proprietors of any book, map, 20 print or engraving especially prepared for the use and education of the Chinese people, or translation into Chinese of any book, in the exclusive right to print and sell such book, map, print, engraving or translation in the Empire of China during ten years from the date of registration. With the exception of the books, maps, etc., specified 25 above, which may not be reprinted in the same form, no work shall be entitled to copyright privileges under this article. It is understood that Chinese subjects shall be at liberty to make, print and sell original translations into Chinese of any works written or of maps' compiled by a citizen of the United States. This article shall not be held to 30 protect against due process of law any citizen of the United States or Chinese subject who may be author, proprietor or seller of any publication calculated to injure the well-being of China.

In testimony whereof, we, the undersigned, by virtue of our respective powers, have signed this Treaty in duplicate in the English and 35 Chinese languages, and have affixed our respective seals.

Done at Shanghai, this eighth day of October in the year of our Lord one thousand nine hundred and three, and in the twenty-ninth year of Kuang Hsü eighth month and eighteenth day.

[SEAL]

40 [SEAL] [SEAL]

45

EDWIN H. CONGER,

JOHN GOODNOW,
JOHN F. SEAMAN.

And whereas the said Treaty and Annexes have been duly ratified on both parts, and the ratifications of the two governments were

exchanged in the City of Washington, on the thirteenth day of Janu- 1 ary, one thousand nine hundred and four;

Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty and Annexes to be made public, to the end that the same and every article 5 and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the City of Washington, this thirteenth day of 10 January in the year of our Lord one thousand nine hundred and four, and of the Independence of the United States the one hundred and twenty-eighth.

In "The Statutes at Large of the United States of America, from November, 1903, to March, 1905." Vol. 33, part 2, 8vo. Washington, 1905, pp. 2208, 22132214, 2216, 2217.

JAPAN.

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20

COPYRIGHT CONVENTION BETWEEN THE UNITED STATES AND JAPAN, MAY 10, 1906.

[Signed at Tokio November 10, 1905. Ratification 1906. Ratified by the President March 7, 1906. Ratifications exchanged at Tokio May 10, 1906.

advised by the Senate February 28, Ratified by Japan April 28, 1906. 25 Proclaimed May 17, 1906.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention between the United States of America and the Empire of Japan, providing for legal protection in both countries 30 in regard to copyright, was concluded and signed by their respective Plenipotentiaries at Tokio on the tenth day of November, one thousand nine hundred and five, the original of which Convention being in the English and Japanese languages is word for word as follows:

The President of the United States of America and his Majesty the 35 Emperor of Japan being equally desirous to extend to their subjects and citizens the benefit of legal protection in both countries in regard to copyright, have, to this end, decided to conclude a Convention, and have appointed as their respective Plenipotentiaries:

The President of the United States of America, Lloyd C. Griscom, 40 Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Japan; and

His Majesty the Emperor of Japan, General Count Taro Katsura, Junii, First Class of the Imperial Order of the Rising Sun, Third