Trademark Laws in China

In the world financial environment, China is seen as a big market for all international companies. When a brand intends to enter China, the trademark can be protected in potential markets. For example, the German registered trademark CarMan has been known for several years in the euro. Now, CarMan is anxious to enter the Chinese market, but the same trademark has already been registered and used in the same product as CarMan. In the following section we will attempt to resolve disputes arising from circumstances such as CarMan.

Currently, the law focuses on China's industrial trademark as the trademark law of the People's Republic of China in 1993. The trademark office of the State Council's Commerce and Industry Bureau is currently in charge of registering and managing trademarks nationwide. (Lex Mercatoria, 1993). It is not possible to sell and approve goods before registration (Lex Mercatoria, 1993) 4. Commerce of branches of foreign companies established with proper approval must comply with Chinese law and should not cause damage. Social benefits and public interest in China Foreign enterprises bear civil liability for the business activities of branches in China - Sections 203 and 204

Trademarks are one of the cornerstones of China's intellectual property rights system. The current effective trademark law is "Trademark Law of the People's Republic of China", the latest revision was made in 2001 28. According to this Act, registered trademarks are protected by law and enjoy certain exclusive rights. When registering a trademark in the Chinese Trademark Office, the person who first submitted the application will be registered 29 Prohibition of registration of a specific trademark as a trademark 30 The term of protection of registered trademark registered trademark is 10 years, registration is updated Is possible.

Protection of intellectual property rights in China: Alternate bibliography and research resources Robert H. Hu

According to China 's trademark law, those who first apply for trademarks from the government register trademarks regardless of the actual use of trademarks. After a trademark is registered, it has exclusive rights to all other trademarks. We call this the principle of the "first application". This is a serious problem for foreign brand owners. Their trademarks are likely to be registered by Chinese entities that do not have business relationship with that trademark. In this article, the authors propose a way to deal with the problem, submit trademarks in China, oppose, disable or revoke competitors' registration, and prosecute in court as necessary .

Protection of intellectual property rights in China: Alternate bibliography and research resources Robert H. Hu