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The status of persons who have obtained protection in virtue of the custom which is henceforth to be regulated by this stipulation shall be without limitation of the number of persons belonging to this class and now so protected, the same for themselves and their families as that which is established for other protected persons.
The right to the treatment of the most favored nation is recognized by Morocco as belonging to all the powers represented at the Madrid conference.
The convention shall be ratified. The ratifications shall be exchanged at Tangier with as little delay as possible.
By exceptional consent of the high contracting parties the stipulations of this convention shall take effect on the day on which it is signed at Madrid.
In faith whereof the respective plenipotentiaries have signed this convention, and have thereunto affixed the seals of their arms.
Done at Madrid, in thirteen originals, this third day of July one thousand eight hundred and eighty. [SEAL.
LUCIUS FAIRCHILD. SEAL.
E. DE SOLMS. SEAL.
E. LUDOLF. SEAL.
A. CÁNOVAS DEL CASTILLO. SEAL.
L. S. SACKVILLE WEST. SEAL.
J. GREPPI. SEAL.
MOHAMMED VARGAS. (characters SEAL.
CASAL RIBIERO. SEAL.
Regulations relative to protection adopted by common consent by the Legation of France and the Government of Morocco, August 19, 1863, referred to in Article 10. Protection is individual and temporary.
It consequently does not in general apply to the relatives of the person protected.
It may apply to his family, that is to say, to his wife and children living under the same roof. It lasts at the longest for a person's lifetime and is never hereditary, with the single exception of the Benchimol family, which has furnished for several generations and still furnishes persons who act in the capacity of Brokers and interpreters for the post at Tangier.
Protected persons are divided into two classes.
The first class comprises natives employed by the Legation and by the various French consular officers.
The second class consists of native factors, brokers, or agents, employed by French merchants for their business affairs. It is proper here to refer to the fact that the term merchant is only applied to a person carrying on the import or export trade on a large scale, either in his own name or as the agent of others.
The number of native brokers enjoying French protection is limited to two for each commercial house.
By way of exception commercial firms having establishments in different ports may have two brokers attached to each of these establishments, who may as such enjoy French protection.
French protection is not extended to natives employed by French citizens in agricultural occupations.
Nevertheless, in consideration of the existing state of things, and by agreement with the authorities of Morocco, the benefit of the protection which has hitherto
to the said persons for two months from the first of September next.
It is, moreover, understood that agricultural laborers, herdsmen, or other native
immediate information thereof being communicated to the competent consular officer, in order that the latter may protect the interests of his countrymen.
The list of all protected persons shall be delivered by the proper consulate to the competent magistrate of the place, who shall likewise be informed of any changes that may subsequently be made in the said list.
Each protected person shall be furnished with a card in French and in Arabic, mentioning his name and stating the services which secure this privilege to him.
All these cards shall be issued by the Legation of France at Tangier.
1899. AGREEMENT BY EXCHANGE OF NOTES WITH GREAT BRITAIN FOR THE PROTECTION OF TRADE-MARKS IN MOROCCO. Concluded December 6, 1899.
TANGIER, October 9, 1895. Dr. J. J. BARCLAY,
U.S. Consul-Ġeneral, Tangier. SIR: The question of trade marks protection has, as you are aware, formed the subject of some correspondence between Her Majesty's Legation and yourself, and as the matter has again been referred to in a recent despatch, I have received from my Government, I should feel much obliged if you would kindly inform me whether you would be disposed to enter into a similar reciprocal arrangement as that concluded between the French and this Legation. I beg leave to transmit a copy of that arrangement; and trusting that you will see your way to coming to some mutual understanding, I have the honor to be, Sir, Your obedient, humble servant,
(Signed) A. NICOLSON.
[Translation.] The Count d'Aubigny, Minister of France at Tangier, to Mr. Satow, Minister of
TANGIER, 4th June, 1894. Mr. MINISTER AND DEAR COLLEAGUE, By a letter of April 3, last, you have had the kindness to inform the Charge d'Affaires of France that the French Consular authority in Morocco, has the right to prosecute through the British Consular anthority everybody counterfeiting the French trade-marks, in receiving them on the following terms.
1st. That the registration of the French mark should have been effected in England, accordingly to the “ merchandise marks act 1887"; 2nd. that protection on the same terms would be assured in Morocco by the French authority, to the
suaded) satisfied that the French Government was ready to grant the reciprocity in question, he thought it was his duty to refer to the Minister of Foreign Affairs. According to the reply that reached me, I am officially authorized to promise you reciprocity of treatment, and to lend on the same terms, my aid to the reclamations that the English manufacturers may have to address to the French Consular anthority to obtain protection for their trade marks against French subjects. I am Sir,
TANGIER, December 1st, 1899. To His Excellency SIR A. NICOLSON,
H. B. M's. Minister, etc. etc. Tangier. SIR: I have the honor to inform Y. E. that I am in receipt of Instructions from my Government, authorizing me to enter into a reciprocal agreement with Y. E. for the mutual protection of Trade Marks registered in Great Britain and the United States against infringement in Morocco by subjects of the respective nations on the lines of that existing between the British and French Legation at Tangier. I enclose for Y. E's. further information a copy of said Instructions. I have the honor to be, Sir, your obedient servant,
(Signed) S. R. GUMMERE.
United States Consul-General.
BRITISH LEGATION, TANGIER.
4th December 1899. SIR. I have the honour to acknowledge the receipt of your letter of the 1st instant informing me that you have been authorized by your Government to enter into a reciprocal agreement with me for the mutual protection of Trade-Marks registered in Great Britain and in the United States against infringement in Morocco by the subjects of the respective nations.
I beg to thank you for this communication and to assure you that it affords me much satisfaction to enter into this reciprocal agreement, and that henceforth protection will be afforded by the British Consular Courts in Morocco to Trade Marks of citizens of the United States, which have been duly registered in Great Britain in conformity with the Patents, Designs and Trade-Marks Acts 1883 to 1888. I have the honour to be, sir, your obedient servant,
(Signed) A. NICOLSON. Hon. S. R. GUMMERE,
United States Consul General, Tangier.
CONSULATE-GENERAL OF THE UNITED STATES OF AMERICA,
Tangier, December 6, 1899. His Excellency, Sir A. NICOLSON,
H. B. Ms. Minister etc. etc. Tangier. SIR. I have the honor to acknowledge receipt of Your Excellency's letter of the 4th inst. and to thank you for the agreement, that henceforth protection will be afforded by the British Consular Courts in Morocco to Trade Marks of citizens of the United States, which have been duly registered in Great Britain in conformity with the Patents, Designs and Trade Marks Acts 1883 to 1888.
In reply, it gives me great pleasure to agree, on behalf of the Government of the United States, that henceforth Trade Marks of British citizens, having been duly registered in the United States of America, will be protected against infringement by such persons as come under the jurisdiction of the United States Consular Courts of Morocco. I am, Sir, your obedient servant
S. R. GUMMERÉ United States Consul General.
AGREEMENT BY EXCHANGE OF NOTES WITH GERMANY FOR THE
RECIPROCAL PROTECTION OF TRADE-MARKS IN MOROCCO.
Concluded September 28-October 8, 1901.
TANGIER, September 28th, 1901. Mr. CONSUL-GENERAL:
I have the honor to acknowledge the receipt of your letter of the 26th inst., in which you inform me that you have been empowered by your Government to enter into a reciprocal agreement on the basis of that existing between the United States and Great Britain, by which Trade-Marks registered in Germany and the United States will be protected against infringements by German and United States citizens in Morocco, by mutual protection of both Governments.
As I have already had the honor to point out in my letter of July 10th of this year addressed to the Consulate-General, the legal condition so far as Germany is concerned is already of such a nature, that American merchants are able to claim, without difficulty, the protection of German Consular Courts for Trade-Marks registered in Germany in their dealings with German subjects in Morocco. It will therefore be sufficient, in order to perfect a reciprocal agreement, that, in view of the powers granted to you by your Government, you should declare that the same protection should in future be extended in Morocco to Trade-Marks of German merchants, previously registered in the United States, by the U. S. Consular Courts in Morocco, against encroachments of American citizens.
If you could make such a declaration in the name of your Government, I should receive the same with Great pleasure, and I beg of you to receive the expression of my high consideration (Signed)
VON BRÜNING. Mr. S. R. GUMMERE,
Consul-General of the United States Tangier.
[Translation.] No. 5.
TANGIER, October 8th, 1901. DEAR SIR: I have the honor to acknowledge the receipt of your letter of the 28th of September, 1901, by which you inform me that the German law extends protection in Morocco to the foreign trade-marks duly registered in Germany.
Thanking you for this communication I hereby beg to assure you that the protection will be equally granted by the American consular authorities in Morocco to the German Trade Marks which have been duly registered in the United States in conformity with the laws. Accept, Sir, the assurance of my high consideration. (Signed)
S. R. GUMMERE. Monsieur VON BRUNING,
Charge d'Affaires of Germany.
TREATY OF AMITY AND COMMERCE.
Concluded September 21, 1833; ratification advised by the Senate June
23, 1834; ratified by the President; ratifications exchanged September 30, 1835; proclaimed June 24, 1837. (Treaties and Conventions, 1889, p. 744.)
This treaty was accepted by the Sultan of Zanzibar after the separation of that State from Muscat, and its Article III is amended by the treaty of June 5, 1903, between the United States and Great Britain, acting in the name of the Sultan of Zanzibar. (See p. 384.)
VII. Captures by pirates. II. Freedom of trade.
VIII. Shipping charges in the United III. Duties payable by American ships.
States. IV. Duties, licenses, and charges.
IX. Consular powers and immunities. V. Shipwrecks.
Ratification. VI. Exemption from tax on trade.
ARTICLE 1. There shall be a perpetual Peace between the United States of America and Seyed Syeed bin Sultan and his dependencies.
2. The Citizens of the United States shall have free liberty to enter all the Ports of His Majesty Seyed Syeed bin Sultan, with their Cargoes of whatever kind the said cargoes may consist, & they shall have the liberty to sell the same, to any of the subjects of the Sultan or others who may wish to buy the same, or to barter the same for any produce or manufactures of the Kingdom, or other articles that may be found there—no price shall be fixed by the Sultan or his Officers on the articles to be sold by the Merchants of the United States, or the merchandize they may wish to purchase—but the trade shall be free on both sides, to sell, or buy, or exchange on the terms & for the prices the owners may think fit-and whenever the said Citizens of the United States may think fit to depart they shall be at liberty so to do—and if any Officer of the Sultan shall contravene this Article, he shall be severely punished. It is understood & agreed however, that the articles of Muskets, Powder and Ball can only be sold to the Government in the Island of Zanzibar—but in all the other ports of the Sultan, the said munitions of war may be freely sold, without any restrictions whatever to the highest bidder.
3. Vessels of the United States entering any port within the Sultan's dominions, shall pay no more than Five per centum duties on the cargo landed; and this shall be in full consideration of all import & export duties, tonnage, license to trade, pilotage, anchorage, or any other charge whatever. Nor shall any charge be paid on that part of the
a See Zanzibar, p. 811.