offence extraditable under the provisions of this convention, and upon complaint duly made that such crime or offence has been so committed, to issue his warrant for the apprehension of such person. But if the demand for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody. And the Government of Belgium will, upon request of the Government of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent consular officer, secure in conformity with law the provisional arrest of persons convicted or accused of the commission therein of crimes or offences extraditable under this convention. But if the demand for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody. ARTICLE VIII The expenses of the arrest, detention, examination and delivery of fugitives under this convention shall be borne by the State in whose name the extradition is sought; Provided, that the demanding government shall not be compelled to bear any expense for the services of such officers of the government from which extradition is sought as receive a fixed salary; and provided that the charge for the services of such public officials as receive only fees shall not exceed the fees to which such officials are entitled under the laws of the country for services rendered in ordinary criminal proceedings. ARTICLE IX Extradition shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE X All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, or that may be used as evidence of the crime for which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person. The rights of third parties to the articles so found shall nevertheless be respected. ARTICLE XI The present convention shall take effect thirty days after the exchange of ratifications. After it shall have taken effect, the convention of June 13, 1882, shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other. It shall be ratified and its ratification shall be exchanged at Washington as soon as possible. In witness whereof, the respective plenipotentiaries have signed the above articles both in the English and French languages, and they have hereunto affixed their seals. Done, in duplicate, at the City of Washington this 26 day of October 1901. 'TS 30, ante, p. 501. JOHN HAY [SEAL] [SEAL] PROTECTION OF TRADEMARKS IN CHINA Exchange of notes at Peking November 27, 1905; related note of Entered into force November 27, 1905 Made obsolete by U.S. relinquishment of extraterritorial rights in China, in accordance with terms of treaty of January 11, 19431 I Malloy 111; Treaty Series 480 The American Minister at Peking to the Belgian Chargé d'Affaires MR. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of Belgium for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and Belgium, 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 2 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 Belgium 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 Belgium in China as regards the protection from infringement of their trade marks duly registered in Belgium. I have the honor to be, my dear Colleague, Your obedient servant, Mr. DE PRELLE DE LA NIEPPE, etc., etc., etc. W. W. ROCKHILL The Belgian Chargé d'Affaires to the American Minister [TRANSLATION] November 27, 1905 MR. MINISTER: I have had the honor of receiving Your Excellency's note of this date regarding the mutual protection of Belgian and American trade marks in China. 1TS 984, post, vol. 6, p. 739, CHINA. 2 See related note, p. 515. It is stated in this communication that the Government of the United States of America has given such instructions to the American Consular Courts as are sufficient to insure the legal protection of trade marks the property of Belgian subjects which have been duly registered in the United States. While acknowledging to Your Excellency the receipt of this communication I have the honor to inform you that the Royal Government in like manner guarantees in the Chinese Empire the protection of American trade marks duly registered in Belgium, if counterfeited by Belgian subjects. The Royal Legation and the Consulates, Vice-Consulates and Consular Agencies in China are competent to take cognizance of actions brought before them in the matter. I have informed our Consular representatives in China of the agreement arrived at between Belgium and the United States of America which is set forth by this interchange of correspondence between us. I avail myself of this occasion to present to Your Excellency the assurance of my high esteem. His Excellency W. W. ROCKHILL, etc., etc., etc. EDM. DE Prelle The American Minister to the Belgian Minister 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 November 27, 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 Belgium. 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 November 27, last, may be construed as conflicting therewith. |