1926

120
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL.
will allow the importation of morphia and of instruments for its injection for medical
purposes by Portuguese doctors, chemists, and druggists, on payment of the
prescribed duty and under special permit which will only be granted to an intending
importer upon his signing at the Portuguese Consulate a suitable bond undertaking
not to sell morphia except in small quantities and on receipt of a requisition signed j
by a duly qualified foreign medical practitioner. If fraud in connection with such '
importation be discovered by the Customs authorities the morphia and instrument
for its injection will be seized and confiscated, and the importer will be denied the
right to import these articles.
Art. XII.—The Chinese Government recognizing that it is advantageous for
the country to develop its mineral resources, and that it is desirable to attract foreign
as well as Chinese capital to embark in mining enterprise, agrees to revise its exist¬
ing mining regulations in such manner, by the selection of those rules in force in
other nations which seem applicable to conditions in China, that the revision, while
promoting the interests of Chinese subjects and in no way prejudicing the sovereign
rights of China, will offer no impediment to the employment of foreign capital, nor
place foreign capitalists at a greater disadvantage than they would be under generally
accepted foreign regulations, and will permit Portuguese subjects to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which will be imposed
by China on its subjects and foreigners alike, relating to the opening of mines, the
renting of mineral land, and payment of royalty, and provided they apply for permits,
the provisions of which, in regard to necessary business relating to such operations,
shall be observed. The residence of Portuguese subjects in connection with such
mining operations shall be agreed upon between Portugal and China. Any mining
concession granted after the publication of such new rules shall be subject to these
provisions.
Art. XIII.—It being only right that the shareholders of any joint stock com¬
pany, or the partners in any commercial undertaking, should all be on a footing of
equality as regards division of profits and payment of obligations, according to the
partnership agreement or memorandum and articles of association, the Chinese
Government agrees that Chinese subjects joining with Portuguese subject in the or¬
ganisation of a joint stock company or commercial undertaking, legally constituted,
shall be liable to the fulfilment of the obligations imposed by said agreement or
memorandum and articles of association, and that Chinese Courts will enforce fulfil¬
ment of such obligations, if a suit to that effect be entered; provided always that
their liability shall not be other or greater than that of Portuguese shareholders or
partners in the same company or partnership. Similarly Portuguese subjects who
invest their capital in Chinese enterprises shall be bound to fulfil the obligations
imposed by the partnership agreement or memorandum, and articles of association,
and their liability shall be the same as that of the Chinese subjects engaged in the
same undertaking. But as existing Treaty stipulations do not permit foreign mer¬
chants to reside in the interior of China for purpose of trade, such joint stock com¬
panies and commercial undertakings may be established in the interior by Portuguese
and Chinese subjects conjointly.
Art. XIV.—As Portugal affords protection to trademarks used by subjects of
any other nationality, provided a like protection is reciprocated for trademarks used
by Portuguese subjects, China, in order to obtain this protection for its subjects in
Portuguese territory, agrees to grant protection to Portuguese trademarks against
unlawful use, falsification or imitation by Chinese subjects. To this end the Chinese
Government will enact the necessary laws and regulations, and will establish
registration offices at which foreign trademarks may be registered on payment of
reasonable fees. Further, the Chinese Government agrees that, as soon as a Patent
Office has been established, and special laws with regard to inventions have been
adopted, it will, after payment of the prescribed fees, issue certificates, valid for a
fixed term of years, to Portuguese inventors, extending to their inventions the same
, protection as shall be given to Chinese patents in Portugal, provided that such inven-