The Early Days of Japanese – American Relations: President William McKinley Officially Authorizes Implementation of One of the Early Treaties Between the Two Countries, Dealing With Intellectual Property

Japan started emerging into the modern world with the accession to the throne of the Meiji Emperor in 1868. The country quickly began to modernize and industrialize, and one aspect of this was to protect intellectual property. In 1884, a trademark law was promulgated. The Patent Monopoly Act came the following year, and protection for designs was passed in 1888. These were authorized by the Meiji Emperor, who lived until 1912.

After years of contention, the dawn of the 20th century saw U.S. and Japanese interests aligned. Both nations supported the idea of an “open door” for commercial expansion in China. After the Russo-Japanese War of 1904–05, U.S. President Theodore Roosevelt would act as a mediator at Japan’s request, and the two sides of the conflict met on neutral territory in Portsmouth, New Hampshire. In the same year, U.S. Secretary of War William Howard Taft met with Prime Minister Katsura Taro in Japan. The two concluded the secret Taft-Katsura Agreement, in which the United States acknowledged Japanese rule over Korea and condoned the Anglo-Japanese alliance of 1902. At the same time, Japan recognized U.S. control of the Philippines.

The first treaty, a general one of Comity and Commerce, took place in 1854. But more formal relations were required to protect mutual interests. The two nations sought to regularize business relationships, and an important aspect of that was to provide for mutual protection of intellectual property. In 1897, a treaty was negotiated with the United States to that effect. The treaty was negotiated, ratified by the Senate on February 1, 1897, and ratified by the Meiji Emperor of Japan on March 6. 1897.

Just days later, President McKinley finalized the treaty process. Document signed, Washington, March 9, 1897, ordering implementation of the treaty between the United States and Japan regarding patents and trademarks. Specifically, President McKinley authorizes and directs the Secretary of State to affix the Seal of the United States to “my Proclamation of the Convention between the United States and Japan concluded January 13, 1897, for the immediate reciprocal protection of patents, trademarks and designs.”

This treaty, from the “honeymoon” period for U.S./Japanese relations, did not last long. By the time Theodore Roosevelt left office, tensions were already beginning to arise.

This is the first treaty authorization document between the United States and Japan that we have had, or in fact have ever seen.