Conflict over Sino-foreign trademark violation in the late Qing and early Republican periods: with special reference to the relationship between Japanese and Chinese companies

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  • 清末民初における商標権侵害紛争 : 日中関係を中心に
  • シンマツ ミンショ ニ オケル ショウヒョウケン シンガイ フンソウ ニッチュウ カンケイ オ チュウシン ニ

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This article is an attempt to reveal what happened between foreign firms and Chinese merchants and firms when Britain led Western European governments in a strong opposition to the Chinese government's enforcement of the first trademark registration law in China, Shangbiao Zhuce Shiban Zhangcheng (商標註冊試〓章程), from 1906 until the end of World War I. This article is especially interested in the relationship between Japanese firms and Chinese merchants and firms. The first theme of this article is: when and how Chinese merchants and firms violated the trademarks of prominent Japanese firms, and what Japan's response was. Another theme is the conditions under which Japanese manufacturing companies cooperated with Chinese merchants and firms. It was 1909 when Japanese diplomats failed to prohibit Chinese firms from selling cotton yarn using a trademark that imitated that of Kanegafuchi Cotton Spinning Company. Since then, trademarks of Japanese firms became the easy prey of Chinese merchants and firms selling imitated goods. Meanwhile, manufacturers in west Japan cooperated with Chinese merchants and firms in producing imitations of Western products. Especially after the outbreak of World War I, Japanese manufactures took the initiative to produce and sell imitated goods in China. Under the cover of the Western firms whose products were imitated, they tried to sell Japanese goods in China, where strong anti-Japanese boycott movements were taking place against the 21 Demands made by the Japanese government.

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