ART. VIII. Unauthorized reproductions by the citizens or subjects of one high contracting party prior to the operation of this convention of the works of literature and art as well as photographs of the citizens or subjects of the other contracting party published after the 10th day of May, 1906, and entitled to protection in virtue of this convention shall be withdrawn from sale or circulation in China within one year from the date of the enforcement of this convention. ART. IX. The present convention shall be ratified and the ratifications thereof shall be exchanged at Tokyo as soon as possible. It shall come into force together with the convention relative to the protection of inventions, designs, trademarks, and copyrights in Korea 10 days after such exchange of ratifications. In witness whereof the respective plenipotentiaries have signed the present convention in duplicate and have thereunto affixed their seals. Done at the city of Washington the 19th day of May in the nineteen hundred and eighth year of the Christian era corresponding to the 19th day of the 5th month of the 41st year of Meiji. ROBERT BACON. [SEAL.] [SEAL.] And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Tokyo, on the sixth day of August, one thousand nine hundred and eight; Now, therefore, be it known that i, Theodore Roosevelt, 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 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. Done at the city of Washington this eleventh day of August in the year of our Lord one thousand nine hundred and eight, and of the Independence of the United States of America one hundred and thirty-third. [SEAL.] By the President: III THEODORE ROOSEVELT. ALVEY A. ADEE, Acting Secretary of State. TREATY BETWEEN THE UNITED STATES AND JAPAN FOR THE PROTECTION OF TRADE-MARKS, ETC., IN KOREA Signed at Washington, May 19, 1908. Ratification advised by the Senate, May 20, 1908. Ratified by the President, June 2, 1908. Ratified by Japan, August 3, 1908. Ratifications exchanged at Tokyo, August 6, 1908. claimed August 11, 1908. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Pro Whereas a convention between the United States of America and the Empire of Japan providing for reciprocal protection in Korea for the inventions, designs, trade-marks, and copyrights of their respective citizens and subjects, was concluded and signed by their respective plenipotentiaries at Washington on the nineteenth day of May, one thousand nine hundred and eight, the original of which convention is word for word as follows: The President of the United States of America and His Majesty the Emperor of Japan, being desirous to secure in Korea due protection for the inventions, designs, trade-marks, and copyrights of their respective citizens and subjects, have resolved to conclude a convention for that purpose and have named as their plenipotentiaries, that is to say: The President of the United States of America, Robert Bacon, Acting Secretary of State of the United States; and His Majesty the Emperor of Japan, Baron Kogoro Takahira, Shosammi, grand cordon of the Imperial Order of the Rising Sun, his ambassador extraordinary and plenipotentiary to the United States of America; Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following articles: ART. I. The Japanese Government shall cause to be enforced in Korea simultaneously with the operation of this convention, laws, and regulations relative to inventions, designs, trade-marks, and copyrights similar to those which now exist in Japan. These laws and regulations are to be applicable to American citizens in Korea equally as to Japanese and Korean subjects. In case the existing laws and regulations of Japan referred to in the preceding paragraph shall hereafter be modified, those laws and regulations enforced in Korea shall also be modified according to the principle of such new legislation, ART. II. The Government of the United States of America engages that in case of the infringement by American citizens of inventions, designs, trademarks or copyrights entitled to protection in Korea, such citizens shall in these respects be under the exclusive jurisdiction of the Japanese courts in Korea, the extraterritorial jurisdiction of the United States being wavied in these particulars. ART. III. Citizens of possessions belonging to the United States shall have in respect to the application of the present convention the same treatment as citizens of the United States. ART. IV. Korean subjects shall enjoy in the United States the same protection as native citizens in regard to inventions, designs, trade-marks and copyrights upon the fulfillment of the formalities prescribed by the laws and regulations of the United States. ART. V. Inventions, designs, trade-marks and copyrights duly patented or registered in Japan by citizens of the United States prior to the enforcement of the laws and regulations mentioned in Article I hereof shall without further procedure be entitled under the present convention to the same protection in Korea as is or may hereafter be there accorded to the same industrial and literary properties similarly patented or registered by Japanese or Korean subjects. Inventions, designs, trade-marks, and copyrights duly patented or registered in the United States by citizens or subjects of either high contracting party or by Korean subjects prior to the operation of the present convention shall similarly be entitled to patent or registration in Korea without the payment of any fees, provided that said inventions, designs, trade-marks, and copyrights are of such a character as to permit of their patent or registration under the laws and regulations above-mentioned and provided further that such patent or registration is effected within a period of one year after this convention comes into force. ART. VI. The Japanese Government engages to extend to American citizens the same treatment in Korea in the matter of protection of their commercial names as they enjoy in the dominions and possessions of Japan under the convention for the protection of industrial property signed at Paris March 20, 1883. "Hong" marks shall be considered to be commercial names for the purpose of this convention. ART. VII. The present convention shall be ratified and the ratifications thereof shall be exchanged at Tokyo as soon as possible. It shall come into force ten days after such exchange of ratifications. In witness whereof, the respective plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at the city of Washington the 19th day of May in the nineteen hundred and eighth year of the Christian era corresponding to the 19th day of the 5th month of the 41st year of Meiji. ROBERT BACON. [SEAL.] And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Tokyo, on the sixth day of August, one thousand nine hundred and eight; Now, therefore, be it known that I, Theodore Roosevelt, 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 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. Done in the city of Washington this eleventh day of August in the year of our Lord one thousand nine hundred and eight, and of the Independence of [SEAL.] the United States of America the one hundred and thirty-third. THEODORE ROOSEVELT. By the President: ALVEY A. ADEE, Acting Secretary of State. IV JAPANESE COPYRIGHT ORDINANCES Official GazETTE, August 13, 1908. We hereby sanction and cause to be promulgated the Korean copyright ordinance. ARTICLE 1. With reference to copyright in Korea the copyright law (of Japan) shall be followed; but in the said law the term "Empire" shall be understood to mean "Korea"; "court of law" to mean "residences and the residencygeneral court." ART. 2. This ordinance shall accord similar protection to Japanese and to Korean subjects with reference to copyrights, and shall also be applicable to subjects or citizens of countries which do not exercise extraterritorial jurisdiction in Korea with reference to the protection of copyrights. SUPPLEMENTARY ARTICLE ART. 3. This ordinance shall take effect on August 16, 1908. ART. 4. Copyrights possessed in Japan prior to the operation of this ordinance by Japanese subjects, Korean subjects, or American citizens shall be protected by virtue of this ordinance. ART. 5. Japanese subjects, Korean subjects, or American citizens whose copyrights have been registered in the United States prior to the operation of this ordinance may apply for the registration of the said copyrights free of charge to the patent office of the residency general within one year from date of operation of this ordinance. ART. 6. A person who without the consent of the holder of the copyright has produced, translated, or performed, or has commenced to produce, translate, on perform, in Korea prior to the operation of this ordinance the works of Japanese subjects, Korean subjects, or American citizens which are protected in Japan or the United States, may complete the same and sell, distribute, or perform the same during one year following the date of operation of this ordinance. ART. 7. In the cases mentioned in the preceding article, the reproductions shall only be sold, distributed, or performed subject to the procedure determined by an ordinance of the residency general. OFFICIAL GAZETTE, August 13, 1908. We hereby sanction and cause to be promulgated the ordinance relating to the protection of rights of patents, designs, trade-marks, and of copyrights in the Province of Kwantung and in other countries where Japan may exercise extraterritorial jurisdiction. ARTICLE 1. The validity of rights of patent, design, trade-mark, and of copyrights enjoyed in Japan by Japanese or Korean subjects shall extend to Japanese and Korean subjects in the Province of Kwantung and other countries where Japan may exercise extraterritorial jurisdiction. ART. 2. The provisions relating to penalties in the patent law, design law, trade-mark law, and copyright law (of Japan) shall be applicable to Japanese subjects and Korean subjects in the Kwantung Province and countries where Japan may exercise extraterritorial jurisdiction. ART. 3. With reference to industrial property rights and copyrights enjoyed in Japan by subjects or citizens of countries other than Japan and Korea, the provisions of the two preceding articles shall be applicable only when such other countries afford protection of industrial property rights and copyrights to Japanese and Korean subjects in foreign countries where the said countries may exercise extraterritorial jurisdiction, and when the said countries do not exercise extraterritorial jurisdiction in Korea with reference to the protection of industrial property rights and copyrights. (NOTE. The two conditions are: (a) Reciprocal protection of industrial property wherever extraterritorial jurisdiction may be exercised, and (b) the surrender of such jurisdiction in Korea with reference to industrial property rights.) SUPPLEMENTARY ARTICLES ART. 4. This ordinance shall take effect on August 16, 1908. ART. 5. Any person who has on hand, at the time this ordinance takes effect, merchandise fraudulently bearing trade-marks owned by another person and entitled to protection by virtue of this ordinance, or bearing an imitation of such a mark, shall remove or cancel the said trade-marks or withdraw the said merchandise from market in China within six months after the operation of this ordinance. ART. 6. Any person who, without the consent of the holder of a copyright, has reproduced, translated, or performed, or has commenced to reproduce, translate, or perform in China prior to the operation of this ordinance, works copyrighted in Japan or the United States by Japanese subjects, Korean subjects, or American citizens, may complete the same, and sell, distribute, or perform the same during one year following the date of operation of this ordinance. THORVALD SOLBERG, FOURTH INTERNATIONAL AMERICAN CONVENTION ON LITERARY AND ARTISTIC COPYRIGHT Signed at Buenos Aires, August 11, 1910; ratification advised by the Senate, February 15, 1911; ratified by the President, March 12, 1911; ratification of the United States deposited with the Government of the Argentine Republic, May 1, 1911; proclaimed July 13, 1914. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a convention on literary and artistic copyright between the United States of America and the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela was concluded and signed by their respective plenipotentiaries at Buenos Aires on the eleventh day of August, one thousand nine hundred and ten, the original of which convention, being in the Spanish, English, Portuguese, and French languages, is, word for word, as follows: Their Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela; Being desirous that their respective countries may be represented at the fourth international American conference, have sent thereto the following delegates, duly authorized to approve the recommendations, resolutions, conventions, and treaties which they might deem advantageous to the interests of America: [Here follow the names of the respective delegates, omitted.] Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following convention on literary and artistic copyright: ARTICLE 1. The signatory States acknowledge and protect the rights of literary and artistic property in conformity with the stipulations of the present convention. ART. 2. In the expression "literary and artistic works" are included books, writings, pamphlets of all kinds, whatever may be the subject of which they treat, and whatever the number of their pages; dramatic or dramatico-musical works; choreographic and musical compositions, with or without words; drawings, paintings, sculpture, engravings; photographic works; astronomical or geographical globes; plans, sketches, or plastic works relating to geography, geology, or topography, architecture or any other science; and, finally, all productions that can be published by any means of impression or reproduction. ART. 3. The acknowledgment of a copyright obtained in one State, in conformity with its laws, shall produce its effects of full right in all the other States without the necessity of complying with any other formality, provided always there shall appear in the work a statement that indicates the reservation of the property right. ART. 4. The copyright of a literary or artistic work, includes for its author or assigns the exclusive power of disposing of the same, of publishing, assigning, translating, or authorizing its translation and reproducing it in any form whether wholly or in part. ART. 5. The author of a protected work, except in case of proof to the contrary, shall be considered the person whose name or well-known nom de plume is indicated therein; consequently suit brought by such author or his representative against counterfeiters or violators, shall be admitted by the courts of the signatory States, ART. 6. The authors or their assigns, citizens or domiciled foreigners, shall enjoy in the signatory countries the rights that the respective laws accord, without those rights being allowed to exceed the term of protection granted in the country of origin. For works comprising several volumes that are not published simultaneously, as well as for bulletins, or parts, or periodical publications, the term of the copyright will commence to run, with respect to each volume, bulletin, part, or periodical publication, from the respective date of its publication. ART. 7. The country of origin of a work will be deemed that of its first publication in America, and if it shall have appeared simultaneously in several of the signatory countries, that which fixes the shortest period of protection. ART. 8. A work which was not originally copyrighted shall not be entitled to copyright in subsequent editions. ART. 9. Authorized translations shall be protected in the same manner as original works. Translators of works concerning which no right of guaranteed property exists, or the guaranteed copyright of which may have been extinguished, may obtain for their translations the rights of property set forth in article 3, but they shall not prevent the publication of other translations of the same work. ART. 10. Addresses or discourses delivered or read before deliberative assemblies, courts of justice, or at public meetings may be printed in the daily press without the necessity of any authorization, with due regard, however, to the provisions of the domestic legislation of each nation. ART. 11. Literary, scientific, or artistic writings, whatever may be their subjects, published in newspapers or magazines in any one of the countries of the union, shall not be reproduced in the other countries without the consent of the authors. With the exception of the works mentioned, any article in a newspaper may be reprinted by others, if it has not been expressly prohibited, but in every case the source from which it is taken must be cited. News and miscellaneous items published merely for general information do not enjoy protection under this convention. ART. 12. The reproduction of extracts from literary or artistic publications for the purpose of instruction or chrestomathy does not confer any right of property, and may, therefore, be freely made in all the signatory countries. ART. 13. The indirect appropriation of unauthorized parts of a literary or artistic work, having no original character, shall be deemed an illicit reproduction, in so far as affects civil liability. The reproduction in any form of an entire work, or of the greater part thereof, accompanied by notes or commentaries under the pretext of literary criticism or amplification, or supplement to the original work, shall also be considered illicit. ART. 14. Every publication infringing a copyright may be confiscated in the signatory countries in which the original work had the right to be legally protected, without prejudice to the indemnities or penalties which the counter |