Trademark Law and Litigation in China

Abstract

Confronted with scathing international criticism and mounting pressure, China has intensified its efforts over the years to improve its trademark protection regime. So where does China stand right now in terms of trademark protection? This article aims to answer this question by adopting a comparative framework based on international trademark treaties and U.S. trademark law. It examines the major provisions of the Chinese trademark law and reports a qualitative content analysis of court decisions on foreign trademark cases in Shanghai to investigate how the Chinese court interprets and enforces the law.

Intellectual Property Development Transformations in Chinese Societies

“…Trademark law was established in 1982.Then China joined the "Paris Convention" was in 1985 and joined the " Madrid Agreement" in 1989. In order to meet the needs of the development of market economy, the Trademark Law of the people's Republic of China was revised for the first time in 1993 (Gao, 2011).…”