§ LORD SHEPHERDMy Lords, I beg to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government if they are aware of the continued infringements of registered trade marks, designs and patents and the adverse effect these infringements have on our export markets, and whether they would consider an approach to all interested Governments to standardise the regulations in respect of trade marks, designs and patents and any infringements arising.]
§ LORD MANCROFTMy Lords, the United Kingdom, with forty-six other countries, is a party to the International Convention for the Protection of Industrial Property. Countries adhering to the Convention undertake to give the same rights, including recourse to their courts, to the nationals of other member countries who register patents, designs or trade marks with them as they do to their own 525 nationals. The laws of many countries provide for this even though they are not parties to the Convention. We are always ready to take every step open to us in cases of alleged unfair competition with our exporters, and if the noble Lord has same particular case or cases in mind, I shall be more than willing to look into them.
National laws and legal concepts of industrial property vary so widely that any attempt to standardise the laws of all countries could have little hope of success. Experts of the countries belonging to the Council of Europe are considering the possibilities of greater uniformity within the field of patents, but experience shows that this is likely to be a long and difficult task.
§ LORD SHEPHERDMy Lords, I wish to thank the noble Lord for his Answer. I think he will agree that this country has built up its export trade largely on the supply of quality goods and that a trade mark is the guarantee of quality goods to the customer. I think he will also agree that when the owner of a trade mark wishes to take legal action to protect his rights, he is involved in protracted and expensive actions, often with little result. The noble Lord has asked for an example—
§ LORD SHEPHERDI am not making a speech. I would ask the noble Lord if he would ask the Board of Trade to approach any of the legal officers in the Colonies and the export markets, where he can get ample evidence. In one case I have here of "Kid Park Brand, Best Quality," the Japanese use the trade mark "Kiddiepark Brand, Best Quality".
§ LORD LUCAS OF CHILWORTHMy Lords, will the noble Lord recall that he has assured the House on many occasions that this matter is receiving the investigation of Her Majesty's Government? Will he give the House some information about the chief culprit in this really deplorable breach of the designs and trade marks legislation of this country—the Japanese? Is the situation better? Is it being cured? Are the Government taking any action? What is the present position? Because, as I understand it, that is the basis of my noble friend's Question.
§ LORD MANCROFTMy Lords, perhaps I may answer those two questions first before the noble Viscount, Lord Elibank, puts his question. If the noble Lord, Lord Shepherd, will let me have details of his Kid Park "and" Kiddie-park case (if I heard him correctly) I will most willingly look into it. The noble Lord, Lord Lucas of Chilworth, asked about Japan. In the case of Japan, we take up individual cases with the Japanese Government. Following representations made by us, the Japanese Government strengthened their laws en unfair competition. I must confess that we have found the authorities and certain trade associations in Japan generally willing to help in putting an end to abuses. They themselves are well aware of these abuses.
VISCOUNT ELIBANKMy Lords, why not have all these things right out into the open and admit that West Germany and Japan are tricking us all along the line in these matters if they see an opportunity of doing so? Is the noble Lord aware that recently West Germany crashed through the embargo, without informing its associates in "Cocom" and built 24 whaling factory ships for Russia? In these cases, will the Government issue flaming protests and threaten reprisals as the only means of putting a stop to these practices?
§ LORD MANCROFTMy Lords. I think I have made it perfectly clear on this and on previous occasions how strongly the Government feel upon this matter. The noble Viscount, Lord Elibank, must distinguish in his mind, though the distinction may be only technical, between West Germany and Japan and the West German Government and the Japanese Government. As a Government, we can deal only with Governments, and both these Governments are well aware of our strong views on this subject. It is very difficult to hit individual manufacturers except by a Government making representations to the manufacturer's own Government. We have made representations, and we shall continue to make them as vigorously as we can.
§ LORD MANCROFTMy Lords, it is very difficult for a Government to bring pressure upon individual manufacturers in another country. I am quite certain that the correct method is the method which we adopt at present—namely, to make representations as strongly as possible to the Government of the country of the manufacturers who transgress what are generally accepted to be the standards of good merchandising throughout the world.