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Mr. Gresham to Mr. Goschen.

DEPARTMENT OF STATE,
Washington, August 25, 1894.

SIR: In response to the inquiry the British ambassador made of me yesterday, when handing me a memorandum of Lord Kimberley's views touching the effect of the recent tariff legislation upon the commercial agreements made with the West Indies under section 3 of the McKinley act, I have the honor to say that the sections to which his lordship refers would, upon the new tariff act becoming a law, operate to cancel those agreements.

I have, etc.,

W. Q. GRESHAM.

No. 19.]

GREECE.

INTERNATIONAL COPYRIGHT ACT.

Mr. Uhl to Mr. Alexander.

DEPARTMENT OF STATE,
Washington, May 9, 1894. ·

SIR: Under date of May 23, 1893, you were directed by Department's No. 4 to again call the attention of the Greek Government to the act of March 3, 1891, relating to international copyright. In your reply thereto (No. 10, Greek series, July 28, 1893) you stated that it was possible that some interest in the subject might be aroused before the next session of the Chamber of Deputies, since which reply nothing has been received from you touching the matter, and it is inferred that the Chamber of Deputies adjourned without taking up the subject.

It is the Department's desire that you will give this matter your prompt attention, communicating to it the present status thereof and what likelihood there is of the Greek Government accepting the provisions of the act referred to.

I am, etc.,

EDWIN F. UHL,
Acting Secretary.

No. 33.]

Mr. Alexander to Mr. Uhl.

LEGATION OF THE UNITED STATES,

Athens, May 28, 1894. (Received June 11.) SIR: I have the honor to acknowledge the receipt of your dispatch No. 19, dated May 9, 1894.

In an interview five days ago with Mr. Tricoupi, the prime minister, he told me that he would carefully consider the question of international copyright with a view to definite action during the next session of the Chamber of Deputies in November.

Greece has now no international copyright agreement with any country. It is, of course, impossible that American authors alone can be protected here, and I hardly believe that the Greek Government will, for some years, pass a general international copyright law. In my dispatch, No. 10, I wrote:

I am of the opinion that no action will be taken by this Government, but it is possible that some interest may be aroused before the next session of the Chamber of Deputies.

The chamber met in November, 1893, and Mr. Tricoupi again became prime minister. He had, during a former term of office, given Mr. Beale reason to think that a law by which foreign authors could find protection in Greece would be proposed, as stated in Mr. Beale's dispatch, No. 30, to the Department of State under date of March 31,

1893. No such law was proposed, however, inasmuch as the chamber was occupied exclusively with the finances of the country up to the time of adjournment.

I shall use every effort to secure action when the chamber meets again next November.

I have, etc.,

E. ALEXANDER.

No. 49.]

Mr. Alexander to Mr. Gresham.

LEGATION OF THE UNITED STATES,

Athens, November 19, 1894. (Received December 8.) SIR: I have the honor to inform you that the Greek Boulé, or Chamber of Deputies, began its regular session, the fourth of the thirteenth parliamentary period, on the 8th of November. Because of the absence of His Majesty the King, who is now in Russia, the opening was without ceremony. When, after some days had elapsed, a sufficient number of deputies had arrived to make a quorum, the first vote taken, which indicated the strength of the present ministry, was a vote on the election of a president of the Boulé. The ministerial candidate received 107 votes, while the combined strength of the three parties in opposition was 84 votes. The total number of deputies is 207, of whom 191 were present at that meeting.

The session of the Boulé will be occupied chiefly with measures for the settlement of financial questions. In this connection I send you, under separate cover, a report prepared by Secretary Elliot, of the British legation here, entitled "A report for the year 1893-94 on the finances of Greece." It is a good statement of the condition of affairs up to May, 1894, and in fact up to the present time. The Greek Government is paying this year only 30 per cent of the interest on the national debt. A compromise measure, agreed upon during the past summer by a committee representing the bondholders of Great Britain, Germany, and France, and by Prime Minister Tricoupi, has not yet been accepted by the bondholders themselves.

I think of nothing affecting American interests which needs to be acted upon during the present session of the Boulé except, perhaps, the question of international copyright. It seems to me quite unlikely, for reasons already stated in these dispatches, that the copyright agreement which all of us desire can be accomplished at once. Greece is not yet ready for international copyright. I believe, however, that this country can be brought to a favorable view of the question long before the lack of an international copyright arrangement begins to affect American authors in any way. Books by American authors are not republished here in the original, and almost none are republished here in translation. A few books by Greek authors, Bikelas and others, are published, in translation, in the United States. These men have said to me: "We are handsomely remunerated if Americans honor us by reading our books." Perhaps they may take a different view of the matter after a time.

I have, etc.,

E. ALEXANDER.

No. 21.]

TRADE-MARK CONVENTION.

Mr. Uhl to Mr. Alexander.

DEPARTMENT OF STATE, Washington, May 16, 1894. SIR: Messrs. Richards & Co., patent attorneys of New York and Washington, have lately represented to the Department that their application, through their local representative at Athens, Mr. Constantine D. Ractivanda, on behalf of the Edison United Phonograph Company, for the registration of their trade-mark in Greece, had been refused by the court on the ground that there was no special convention between the United States and Greece.

It is contended by Messrs. Richards & Co. that the Greek law concerning the registration of trade-marks provides that they shall be registered as the property of citizens of foreign countries, where such foreign country grants reciprocal privileges to the subjects of Greece; and they cite the fact that those subjects are privileged to effect the registration of their trade-marks in the United States in virtue of the provisions of the act of Congress approved March 3, 1881, entitled "An act to authorize the registration of trade-marks and protect the same." (Stat. L., vol. 21, p. 502.) Accordingly they ask that you formally bring this law to the notice of the Greek authorities, "to the end that the objections may be withdrawn and the trade-marks of our citizens may be registered upon proper application."

Without more precise information than the Department possesses at present concerning the Greek law or the disposition of that Government in the premises, I am unable to instruct you formally to comply with the wishes of Messrs. Richards & Co., who, although representing in this instance a particular firm, speak generally for the interests of American manufacturers.

You may, however, invite the attention of the minister for foreign affairs to the subject, and at the same time suggest that in order to remove all possible doubt and correct any defects that may exist the Government of the United States is willing to enter into immediate negotiations looking to the conclusion of a trade-mark convention, a draft of which I inclose, and which you are directed to submit for the consideration of the Greek Government, should it express a willingness to enter upon such negotiations. This draft embraces the ideas of the United States Patent Office, is largely framed after our convention with Denmark of June 15, 1892, and it is hoped that it will prove acceptable to the Greek Government.

A full power will be sent to you at an early date authorizing you to negotiate, conclude, and sign a trade-mark convention; meanwhile you will give the subject earnest attention and may transmit hither copies of the laws of Greece relating to trade-marks; and in this connection your attention is directed to instruction No. 7, of February 16, 1892, to your predecessor, forwarding copies of the laws of the United States on that subject.

I am, etc.,

EDWIN F. UHL,
Acting Secretary.

[Inclosure in No. 21.]

Draft of trade-mark convention.

The United States of America and His Majesty the King of the Hellenes, desiring to secure for the manufacturers in their respective territories the reciprocal protection of their trade-marks and trade lables, have resolved to conclude a special convention for this purpose, and have named as their plenipotentiaries:

The President of the United States of America, Eben Alexander, envoy extraordinary and minister plenipotentiary of the United States to Greece; and His Majesty the King of the Hellenes, who, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following articles:

ARTICLE I.

The citizens or subjects of each of the high contracting parties shall have in the dominions and possessions of the other the same rights as belong to native citizens or subjects in everything relating to trade-marks and trade labels of every kind. Provided always, that in the United States the subjects of Greece, and in Greece the citizens of the United States, can not enjoy these rights to a greater extent or for a longer time than in their native country.

ARTICLE II.

A citizen or subject of another State who has his principal business establishment within the territory of one of the high contracting parties shall be considered a citizen or subject of the latter for the purposes of this convention.

ARTICLE III.

Any person in either country desiring protection of his trade-mark in the dominions of the other must fulfill the formalities required by the law of the latter, but no person, being a citizen or subject of one of the high contracting parties, shall be entitled to claim protection in the other by reason of the provisions of this convention unless he shall have first secured protection in his own country in accordance with the laws thereof.

ARTICLE IV.

The present arrangement shall take effect immediately after the exchange of ratifications, and shall remain in force one year from the time that either of the high contracting parties announces its discontinuance.

ARTICLE V.

The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of the Hellenes, and the ratifications shall be exchanged at Athens at the earliest practicable date.

In witness whereof we, the plenipotentiaries of the United States of America and of the Hellenes, have signed the present convention and have affixed thereto our seals.

Done, in duplicate, at Athens, on the one thousand eight hundred and ninety-four.

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[SEAL.] [SEAL.]

Mr. Uhl to Mr. Alexander.

No. 23.]

DEPARTMENT OF STATE,
Washington, May 26, 1894.

SIR: Referring to the Department's instruction to you, No. 21, of the 16th instant, I transmit to you herewith a full power authorizing you to negotiate, conclude, and sign a convention between the United States and Greece for the reciprocal protection of trade-marks and trade labels.

I am, etc.,

EDWIN F. UHL,
Acting Secretary.

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