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Dissertations / Theses on the topic 'Trademarks China'
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Shen, Miao Yu. "Study on geographical indication protection of teas in China." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952236.
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Dong, Qiao Ling Emma. "Linguistic landscape in Shanghai :a case study of shop name signs on Nanjing Road." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3954238.
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Fung, Pak Tim. "Patent and trade mark laws of the People's Republic of China." Thesis, Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/HKUTO/record/B38627784.
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Mu, Xiao. "The evolution of well-known trademark protection in China." Thesis, University of Manchester, 2017. https://www.research.manchester.ac.uk/portal/en/theses/the-evolution-of-wellknown-trademark-protection-in-china(c73b6f72-a175-4ff6-b622-086153c70934).html.
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China has put considerable emphasis on protecting intellectual property (IP) rights since it implemented ‘Reform and Opening-Up’ policy in the late 1970s. The nation has actively participated in communication and cooperation with its trading partners and international society in IP region. In particular, since its accession to the Paris Convention for the Protection of Industrial Property (Paris Convention) in 1985, China has reformed its socialist legal system to meet international obligations. This trend continued with China’s entry to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) under the World Trade Organization (WTO) in late 2001. A well-known trademark is a trademark well known by the relevant public. Compared to a common trademark, it will be given higher level of protection against infringements. A well-established well-known trademark legal framework can considerably protect interests of owners of domestic and foreign well-known trademarks. China begun to offer such protection since the 1980s. During the pre-WTO period, it granted well-known status determination on an ad-hoc basis under a ‘Sole-Track’ model which was solely led by administrative authorities. This model has been considered to be weak and offered no systematic protection to well-known trademark holders. China’s admission to the WTO in 2001 pushed the country to create a ‘Dual-Track’ model which incorporates judicial and administrative authorities and to amend its IP laws in compliance with the international norms. Since then, the situation of well-known trademark protection has been considerably improved, although some problems remained. There is, however, widespread criticism in the US government and from some scholars that the IP laws in China governing well-known trademarks are inadequate. However, this is not necessarily accurate, as it is based not on comprehensive legal analysis but on the data mainly collected from interested parties of the US side, whether they are companies or government officials, or a fragment of cases. This thesis adopted doctrinal legal research method to demonstrate and evaluate some substantial legal principles, concepts, rules and policy concerning well-known trademark recognition and protection in China over the past three decades (1985 – 2015). It challenged that criticism by raising four questions and exploring their answers. The legal analysis in this thesis showed that since the 2000s, China has protected well-known trademarks more effectively than before. In conclusion, although some problems remain to be solved, the criticism above should be rejected. Meanwhile, this thesis also offered suggestions of further development, highlighted the need for the competent authorities to continue to reform the laws and policy, and strengthen their enforcement in order to tackle unsolved problems.
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Chen, Shui 1969. "The enforcement of trademark rights in the People's Republic of China /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78209.
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Trademark counterfeiting is one of the most serious problems ever encountered in China. The Chinese government, recognizing the adverse effects that counterfeiting has had on both foreign investment and the nation's economy, has begun to take steps to protect intellectual property rights. To this end, the nation amended its Trademark Law on 27 October 2001. The aims of the amendment are to improve management of trademarks, to strengthen punishment for infringements, and to further meet the requirements of the TRIPs. Although the new amendment is laudable, eliminating the problem will take time.<br>This thesis offers an overview of trademark enforcement in China, beginning with a historical review of China's trademark law before moving on to examine the original version of current trademark legislation, the 1982 Trademark Law. The entry into force of the WTO placed tremendous pressure on China to meet international standards, resulting in the 2001 amendment and the protection it affords to well-known trademarks, as is discussed next. Finally, an examination of the enforcement of the trademark law in China, including the status of counterfeiting, the enforcement system, and the difficulties associated with enforcing trademark rights, is undertaken. The thesis concludes that the Chinese government has made remarkable progress in its quest to combat trademark counterfeiting and that the problem will gradually be overcome as the nation continues to develop its economy and enhance its legal system.
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Zixin, Shan. "Confusion or Likelihood of Confusion? : Trademark Infringement in China and EU." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-356259.
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Karlsson, Hanna. "Trademark Protection for the Chinese Market - A study on Swedish retail companies established in China." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-171035.
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季播. "論TRIPS協定中的地理標志保護制度 : 兼述對我國的影響及應有的對策 = On Geographical Indications Protection System in TRIPS Agreement : with concurrent discussion its impact on China and our proper countermeasures". Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2119989.
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Huang, Hui. "L'impact de l'usage sur l'étendue de la protection des marques : étude de droit comparé Chine - Union européenne." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA001.
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La thèse vise à définir le rôle de l'usage non seulement dans l'obtention du droit de marque par l'enregistrement, mais aussi, d'examiner le rôle de l'usage dans l'étendue de la protection des marques. Cet examen conduira donc à faire une distinction entre, d'une part, l’usage de la marque par le titulaire lui-même, ce qui concerne donc l’existence du droit de marque (première partie), et d'autre part, l'usage de la marque par des tiers, ce qui concerne l'exercice du droit de marque (deuxième partie). La première partie sera elle-même divisée en deux titres. Dans le premier titre, on examinera le rôle de l’usage sur l’existence du droit de marque, dans le deuxième titre, on examinera comment démontrer les effets de l’usage. La deuxième partie, sera, elle aussi, divisée en deux titres : le premier titre est consacré à l'usage qui provoque la confusion entre les signes, autrement dit la contrefaçon au sens strict, et le second titre est consacrée à l'usage qui entraîne un lien entre les signes, et constitue la contrefaçon au sens large<br>The thesis aims at defining the role of the use not only in obtaining the right of mark by the registration, but also, to examine the role of the use in the scope of the protection of the marks.This examination will therefore lead to a distinction between, on the one hand, the use of the mark by the proprietor himself, which therefore concerns the existence of the trademark right (part one), and, on the other hand, the use of the mark by third parties, concerning the exercise of the trademark right (part two). The first part will be divided into two titles. In the first title, we will examine the role of the use on the existence of the right of mark, in the second title, we will examine how to demonstrate the effects of the use. The second part, will also be divided into two titles: the first title is devoted to the use that causes the confusion between the signs,in other words the infringement in the strict sense, and the second title is dedicated to the use which causes a link between signs, and constitutes infringement in the broad sense
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Su, Yii-Der. "Les litiges en matière de marque : contribution à une étude de droit comparé entre la France, la Chine continentale et Taïwan." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA029.
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Le droit de la propriété intellectuelle a connu d’importants développements dans le sillage de la révolution technologique et du phénomène de la globalisation. Le droit de marque confère un monopole au profit de son titulaire, qui lui permet d’établir des liens avec les consommateurs, à travers les produits et les services qui sont revêtus du signe protégé : des liens juridiques et des liens commerciaux par l’effet de la communication, de la publicité, de la transmission de l’image de l’entreprise que celui-ci véhicule. Toutefois, les prérogatives attachées au droit de marque rencontrent des limites inhérentes à tout monopole, à savoir le respect de l’intérêt général, fil un conducteur qui gouverne la procédure d’enregistrement de la marque, au-delà, son maintien en vigueur et la détermination des frontières qui séparent ce qui est permis de ce qui est interdit. S’agissant de s’interroger sur les procédures de règlement des litiges, à l’aune de leur comparaison, entre trois systèmes de cultures juridiques très différentes, à savoir la France « berceau » du droit continental et, du droit administratif d’une part, et, d’autre part, deux entités de tradition juridique divergente - la Chine continentale et Taïwan - , on peut relever un renforcement du pouvoir administratif et en même temps, un mouvement d’harmonisation des règles du contentieux. Le renforcement du pouvoir administratif se manifeste à travers l’extension des compétences en matière de droits de propriété intellectuelle. Ainsi, en Chine continentale, les autorités administratives locales peuvent appliquer les lois administratives pour régler avec célérité les litiges de propriété intellectuelle. En France, le renforcement du pouvoir administratif s’exprime avec la transposition future de la directive de 2015 sur l’harmonisation du droit des marques dans l’Union européenne, qui attribue compétence à l’INPI en matière de déchéance et de nullité des marques, au premier degré. L’harmonisation du droit des marques se révèle avec le renforcement du mécanisme de la retenue en douane en Chine continentale et à Taïwan et, par ailleurs, avec l’instauration de juridictions spécialisées, le législateur taïwanais étant le premier entre les trois systèmes juridiques, à créer une Cour en propriété intellectuelle en 2007<br>There continues to be significant developments in intellectual property law in the wake of the technological revolution and the globalization phenomenon. This thesis seeks to analyze procedures for settling disputes by comparing three decidedly different judicial systems: France (the « cradle » of Civil law legal system) on the one hand, contrasted with two entities of diverging judicial traditions, namely Mainland China and Taiwan. We will take up two trends in particular: a strengthening of administrative power and at the same time a movement toward harmonizing settlement procedures.The strengthening of administrative power is evidenced by its “specialization” and extension of its competence in the area of intellectual property rights. Thus, in Mainland China local administrative authorities can enforce administrative laws to expediently deal with intellectual property disputes. In France, on the other hand, the growth of administrative power can be seen in the transposing of the 2015 future directive regarding the harmonization of trademarks within the European Union, which attributed competence to the INPI for the first degree examination in the revocation and invalidity procedures.The harmonization of trademarks is also visible in the introduction of a reinforced “customs seizure” mechanism in Mainland China and Taiwan. Furthermore, with the establishment of specialized courts, the Taiwanese legislature became the first of the three justice systems to create an intellectual property court in 2007
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Chu, Shih-Chuan, and 褚世詮. "A study on trademark infringement and its Remedies - Focusing on well-known trademarks in China." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/77832150746262105126.
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碩士<br>國立雲林科技大學<br>科技法律研究所碩士班<br>100<br>By now China has implemented the twelfth 5-year project. Over the past several decades China has implemented economic reformation at a very fast speed. It has become the most important market in the world. The enterprises worldwide and many famous brand names have crowded into China. Thus, China increasingly attaches importance to the protection of trademark. After becoming one of WTO member countries in 2001, China adopted a well-known trademark system which is one more protection to foreign famous trademarks.
This article focuses on the infringement of well-known trademarks in China and its relief system, and probes the administrative and judicial systems in China on trademark infringement so as to understand the complicated laws and regulations in China, such as Judicial Interpretation issued by Supreme People’s Court of China on “Interpretation of applicable laws associated with the examination of civil disputes of trademark”, or on advice and opinion issued by Trademark Administrative Authority (Trademark Office of State Administration for Industry and Commerce). What are the legal effects of these Chinese representative interpretations and advices? How the China Trademark Law is used to solve the problem when a trademark infringement occurs? What are the important things which we should be careful during the lawsuit? These would become decisive factors for foreign capital enterprises to win the lawsuit in China.
Furthermore, after understanding the well-know trademark system of China, this article compared the differences between China and Taiwan on their well-know trademark systems. China’s experiences pointed an improvement direction for Taiwan well-known trademark system toward a more complete and perfect status.
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Chen, Shui. "The enforcement of trademark rights in the People's Republic of China." 2002. http://catalog.hathitrust.org/api/volumes/oclc/61463736.html.
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CHAN, CHING-YING, and 詹靖盈. "Research on the Inheritance of Trademarks between Taiwan and Mainland China-Focus on the Jointly Owned Regulations of Trademark Act." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/mngvm6.
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碩士<br>大葉大學<br>管理學院碩士在職專班<br>107<br>The inheritance system of trademark between Taiwan and Mainland China,
both the trademark right is one of inherited rights, and the basic principles of the
laws and regulations are the same. After the death of the trademark owner, the
trademark rights would be inherited by the heirs in accordance with the law.
About the laws and regulations on the right of jointly owned trademark due to
inheritance, Taiwan still maintains the use of trademark about the rights and
obligations needs the consent of all joint proprietors. If there is no consent from
other joint proprietors, in addition to the violation of the co-ownership provisions of
civil law, and the infringement of trademark rights for violation of the trademark act
will constitute criminal responsibility. As for the characteristic of trademark rights
due to inheritance of the Mainland China are also jointly owned, other joint
proprietors have the rights to use the trademark themselves or have the rights to
authorize others to use the trademark by ordinary consent and won’t constitute the
infringement of trademark. According to the trademark act, the licensor should
supervise the quality of the licensee's use of its registered trademark, and the
licensee shall ensure the quality of the goods or services while using the authorized
registered trademark. Therefore, the one of trademark joint proprietors could use
ordinary consent singly, in theory, it will not have a significant impact on the
interests of other joint proprietors.
This article is based on the relevant laws and judgments from the inheritance
system of trademark between Taiwan and Mainland China, to understand the
differences and to explore whether the jointly owned of trademark act in Taiwan can
be used for reference, and proposes the direction of amendments to make the
trademark act system more complete.
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Chen, Chun-Chun, and 陳淳淳. "A Study on Trademark Censorship between Taiwan and Mainland China." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/76418189259605856112.
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碩士<br>中國文化大學<br>法律學系碩士在職專班<br>101<br>As frequent exchanges and cooperation in economic and trade between Taiwan and Mainland China come to mature environment. According to the Intellectual Property Office announced since November 22, 2010 until the fourth quarter of 2012, mainland China accepting claiming priority right from Taiwan for claiming priority right number were a total of 10,235 cases for patent and 82 cases for trademark. However, facing an increasing number of examined cases of trademark applications, Taiwan enterprises in the trademark application process pay a considerable cost due to influence on the similarities and differences in trademark censorship. This thesis is enlightened by literature and evidenced with the court verdict to criticize and attempt to compare the study on the cross-strait trademark censorship in-depth. With expectations of study on cross-strait trademark of censorship, it could provide their respective boundarys with established for both sides without prejudice to under the trademark examination criterion. In order to maintain and develop normal order of market economy and other important mission, competent authority shall to judge it whether it is registered trademark important requirements by a macroscopic point of view. This thesis is related to the study of cross-strait trade mark censorship and focuses on the trademark censorship issues.
This thesis studies on the trademark censorship between Taiwan and Mainland China and is divided into six parts.
The first chapter points out the motivation, the goal, the methodology, the stucture and the scope of this study. The second chapter describes the frame of competent authorities of cross-strait trademark and the legal system historical evolution. The third chapter discusses the advantages and disadvantages of the system of trademark examination. The forth chapter explains trademarks substantive, as well as the presentation of trademark examining criterion. The fifth chapter compares cross-strait trademark examination for specific cases, and further analysis by means of court verdict upon the similarities and differences of trademark case. The sixth chapter draws a conclusion with feasible suggestions.
Although cross-strait trademark censorship is similarities, but they are a few differences. This difference reflects not only the discrepancy between the two legislative considerations benchmark, but also presents the level of economic development and international status. In recent years, Taiwan's trademark in mainland China suffers from the exercise of various dervided problems due to the lack of protection in the trademark idenfication. To avoid related losses and to protect its trademark, enterprises shall further understand the difference between the cross-strait regulations before trademark application. It will be more effective, if enterprises can grasp each other's similarities and differences in the management and maintenance of trademark right. It is hoped that the result of this study will provide the prevention and resolution for trademark application problems between Taiwan and Mainland China in the future.
Key words：Intellectual Property Office, claim priority right, trademark substantive examination, trademark examining criterion.
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Lai, Yi-Jen, and 賴苡任. "A Study of “Trademark Squatting” between Taiwan and Mainland China." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/24191614962527988355.
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碩士<br>亞洲大學<br>財經法律學系<br>104<br>Taiwan’s Trademark Law has been modified for many times, whose efforts in protecting trademark have been perfectly obvious in Asian areas. However, in recent years, cases of trademark squatting have frequently occurred in Mainland China where the applicants rush to be the first to register the trademark with government authorities before others, which might infringe the rights of the previous holders, thus the rights of relevant parties or consumers are indirectly harmed. Therefore, the vice of trademark squatting must be stopped so that the wrong actions of trademark villains can be avoided and the abuse of Trademark Law can be prevented and the corresponding legal protection can be provided. In this paper, based on researches on mechanism of coping with the trademark squatting in Mainland China, it’s expected that the results of this paper can be used for the actual practices of protecting the trademark. Besides researching the protecting of well-known trademarks in Taiwan’s Trademark Law, its components as well as its applicable range, this paper also conducted the in-depth research on the relevant articles in Trademark Law which could deal with cases of trademark squatting and got them categorized into four types, including illegally possessing the unregistered trademark of others, attaching to registered trademark of others, infringing the existing rights of others, and viciously occupying the public resources. Most of Taiwanese are doing business at Mainland China, thus the protecting of trademark is particularly important. Every time when case of trademark squatting occurs, most people shall turn to articles about famous trademark for solutions. Although articles about famous trademark can’t provide the best solutions, their components and applicable range are worth being researched and studied.
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CHEN, YI-CHOU, and 陳奕州. "Resolutions of Trademark Disputes in Mainland China for Taiwanese Enterprises." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/18526528966909312547.
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碩士<br>東吳大學<br>法律學系<br>104<br>Business across the Taiwan Strait is becoming frequent and mature. Undoubtedly Taiwanese enterprise can shine in trademark arrangement in Mainland China.
According to a report which was published by the State Administration for Industry and Commerce of the Mainland China on April 19th, 2016, there were 2.876 millions trademark applications in 2015 and it was the 14th consecutive year of China with most number of applications in the world. With harmoniously developed relationship between Taiwan and Mainland China, Taiwanese enterprises have started investing in branding in Mainland China market. Branding in territorialism relies on development and maintenance of trademark. Taiwanese enterprises have faced many challenges in Mainland China including differences in logic of censorship, laws and culture. As a result, Taiwanese enterprises frequently fail to obtain the trademark.
This paper will propose a solution to assure Taiwanese enterprises to address disputes in trademark by researching in Mainland China trademark law and incorporating experience exchange between Chinese and Taiwanese offices of trademark and real practices. Furthermore, it expects to help Taiwanese enterprises utilize Mainland China as a stepping stone to the world stage.
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LIN, YU-CHEN, and 林育丞. "A Study on the Practice of Cross-Strait Trademark Registration in Comparative Trademark Law between Taiwan and China." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/40345633202021370625.
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Wu, Sheng-Sian, and 吳昇憲. "A Study on Trademark Law of the People’s Republic of China." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/j25y58.
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碩士<br>國立中山大學<br>中國與亞太區域研究所<br>102<br>China has already been opened the market since participation in the WTO. December 11, 2010, the end of the WTO transition period. After the WTO transitional period, China will fully open, and All industries will fulfill WTO commitments. When foreign companies face China''s vast market, its Strategy has changed from acquirement of business opportunities to rooted operations. Undoubtedly, China is a economic powers of developing markets. In recent years, cross-strait exchanges closely at economic and trade. The intellectual property law of China becomes not only a compulsory course of Taiwanese, but also a big problem which needs to serious face. Serious trademark infringement in China has an effect on goodwill and income on Taiwanese. There are two main objectives of this thesis. There are two main objectives of this thesis. There are two main objectives of this thesis. A is studies the Trademark Law of the Cross-Straits and B is studies of trouble of Taiwanese trademark at China. After understanding of current practices operating conditions, this thesis will provide a solution or even the preventive measures. Ultimately, I hope that main objectives of this thesis contribute future cross-strait trademark law. It can provide the knowledges on protection of subject, protection of object, protection of scope and infringement aspect and criteria about China trademark law for our people and business in China. Furthermore, in addition to prevention of trademark infringement all possible, remedy of Taiwanese''s trademark infringements more timely and effectively. Succeed in China''s development.
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HSIAO, FEI-YUN, and 蕭斐云. "Research on Criminal Liability of Trademark Infringement in China and Taiwan." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/61638867752996286892.
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Chao, Kuo-shuen, and 趙國璇. "A Study on the Protection for Well-Known Trademark in China." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/55893503244741163979.
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碩士<br>國立交通大學<br>科技法律研究所<br>96<br>In the age of knowledge economy and interbrand competition, it’s critical to have a good intellectual property management and strategy to a business success. Although trademark system is not attached great importance to as patent and copyright system before, a well-known trademark which represents an important index to the intangible assets investments is what a top company or a successful enterprise cannot get to lack. After China opened its market to the world and joined WTO, foreign capital enterprises has changed their trademark and branding strategy from “jostling for China market” to “well management.” Branding business in China will be growing promptly with China’s economic development and the establishment of intellectual property system. However the laws of China are very complicated and divergent in places. Without comprehensive understanding and correct law applying, a world-famous branding company such as Apple or Wal-Mart will lost in the trademark litigation.
The Supreme People’s Court of China unscheduledly releases judicial interpretations for important legal issues and law applying, such as “Judicial Interpretation of the Trademark Law of the People’s Republic of China.” The Trademark Office of State Administration for Industry and Commerce, a trademark administration agency, also releases related “notice” or “opinions” such as “Several Questions Concerning Applications for the Recognition of Well-known Trademarks Circular”. It will be a decisive factor to litigation practice in China to know how to exactly apply these special China administrative decrees, judicial interpretations. This thesis is going to study the legislation and development of Trademark Law of China, and discuss well-known trademark. Important trademark cases and landmarks related to foreign capital enterprises from 2001 which the year China joined WTO will be introduced and analyzed as the basis of empirical study of Trademark Law of People’s Republic of China for further study of trademark litigation analysis.
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Lin, Chia-wei, and 林家偉. "The International Legislation Trend on the Protection for Trademark Dilution in China." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/28084745248716546802.
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CHAO-MING, PENG, and 彭兆民. "Research of Trademark Infringement in China & Taiwan-Nand Flash Card as Topic." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/57908943673171480404.
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YING-ERH, SU, and 蘇英二. "A Study of The Exclusive Rights of Trademark in China Under WTO System." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/83662044415677651715.
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碩士<br>淡江大學<br>中國大陸研究所<br>92<br>A Study of The Exclusive Rights of Trademark in China Under WTO System
This thesis mainly analyzes the exclusive rights of trademark in China. How to utilize Chinese market resources, make Taiwanese enterprise grow stronger, develop Taiwanese industries long-term capability of competition and find the stimuli to increase the economy in Taiwan are the critical problems for Taiwanese under currently business relationship between mainland China and Taiwan.
(1) Let Taiwanese businessmen learn how to prevent and pay attention to Intellectual Property Rights while doing business in China.
(2) After China become a membership of the World Trade Organization (WTO) on December 11, 2001, the regulations and trade rule of WTO have been enforced the legal system of Chinese intellectual property to be changed dramatically. Whether to withhold these changes and create better profit or not is the milestone for Taiwanese businessmen to sustain the competitive advantage in Chinese markets shares.
(3) In order to obtain the leading position of market between mainland China and Taiwan, Taiwan should motivate the economy and enforce the protection of intellectual knowledge based on knowledge-based economy, as Western countries do. This way will let the Taiwanese businessmen pay attention to the problems of right of intellectual property and torts alms so that take the advantage in Chinese market and improve own competitive power.
(4) Analyzing the law system of China as a member of WTO based on the exclusive right of trademark and torts alms.
This study will cover the following topics:
1、 Describe Chinese development of exclusive right of trademark and the system of intellectual knowledge after being a member of WTO.
2、 Discuss WTO and the agreement of trade-related aspects of Intellectual Property Rights.
3、 Alms of be torted for illegal usage of trademark in China.
4、 Analyzing cases about illegal use of trademark in China.
Based on those analyses, there are some discoveries:
1、 Some problems currently exist in Chinese legal system about the intellectual property protection.
2、 There are some weakness between the legal system and the prevention of intellectual property. I proposed some suggestions for the exclusive rights of intellectual property and trademark in China and made some conclusion.
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Wu, Kuangho, and 吳光禾. "The Practice and Analysis of Trademark Dilution:Anti-dilution Law of Mainland China Also Discussed." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/41580648367780448832.
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Lin, Yunn-wen, and 林韻文. "The Comparison of Trademark Acquisition Systems among Taiwan, the U.S., China, and European Union." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/59781138807521088605.
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碩士<br>國立雲林科技大學<br>科技法律研究所碩士班<br>101<br>This study is about the comparison of trademark acquisition systems among Taiwan, the U.S., China, and European Union. At the same time, further analyzes related standards and protection theories of the famous trademark which put more commercial cost in developing process, to avoids someone create similarly or use free with a malicious purpose. Therefore, they are provided strong protection by related law and international rules in many countries, to prevent service or company brand of famous trademarks are confused, and further make the recognition more deep. However, those standards and protection theories also need having objectivity which is allowed on the basis of applicable protection, to preserve due right of someone.
There will describe how to define on trademark law and rules in Taiwan, the U.S., China., and European Union, even try to discuss confusion theory and dilution theory of trademark with related cases. This thesis will introduce you them to help people who need to use these. Also discuss the other standards as like domain name and corporate name, because they will cause similarity, confusion or infringements against each other in practical uses, which has resulted in troubles or confusion for operation of a trademark. Finally submits the suggestions for the future amendments to the trademark law and related act with respect to fulfilling the protection of trademark.
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Lin, Luen-Guang, and 林倫光. "Protection of trademark rights in Mainland China and legal system of disputes over infringement." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/47h5ke.
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碩士<br>國立雲林科技大學<br>科技法律研究所<br>106<br>Since China’s 12th Five-Year Plan (2011-2015) passed by the fifth plenary session of the 17th Central Committee of the Communist Party of China (referred to as 12th Five-Year Plan), with the high development of economy, the CPC is also committed to the protection of intellectual property rights, and the work report of the 18th CPC National Congress clearly emphasizes the implementation of the IPRs strategy. The first plenary session of the 19th Central Committee of the Communist Party of China (referred to as the 19th CPC National Congress)was held on October 2017. Xi Jinping, General Secretary of the CPC Central Committee, delivered a nearly three-and-a-half-hour work report on “Secure a Decisive Victory in Building a Moderately Prosperous Society in All Respects and Strive for the Great Success of Socialism with Chinese Characteristics for a New Era”, in which “Thought on Socialism with Chinese Characteristics for a New Era” is written into the Party Constitution for the first time along with “Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, the Theory of Three Represents and the Scientific Outlook on Development” as its guiding ideologies, and the Party continues to push ahead with “anti-corruption, deepening reform, advancing the rule of law and strictly governing the Party”.
In view of the increasingly frequent economic and trade exchanges between the two sides of the Taiwan Strait, the protection of intellectual property rights of Taiwan businessmen in mainland China is becoming more and more important. At the Fifth Chen-Chiang summit on June 29, 2010, the Straits Exchange Foundation and the Association for Relations Across the Taiwan Straits signed the “Cross-Straits Economic Cooperation Framework Agreement” (ECFA) and the “Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation” in order to safeguard the intellectual property rights of Taiwanese people applying for patents and trademarks, etc. in the mainland and to provide a quick gateway to relief for solving the infringement of related rights. This article will discuss the legal system of trademark protection in mainland China, and the gateway under the current system to dealing with the cross-straits trademark infringement disputes and encountered problems, and finally review the implementation effect of the “trademark coordination and handling mechanism” under the Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation to see whether Cross-Straits trademark infringement disputes can be effectively resolved by taking actual cases of trademark infringement disputes in mainland China － well-known trademarks and trademark protection as the object of study, and suggestions will be offered.
Keywords: Cross-Straits legal system trademark, well-known trademark,
intellectual property, intellectual property right, trademark
protection, trademark infringement, settlement of disputes,
coordination and handling mechanism, Cross-Strait Agreement on
Intellectual Property Right Protection and Cooperation, Cross-Strait
Service Trade Agreement, and ECFA.
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Wu, Chung-Jen, and 吳中仁. "A Study about the Protection of the Well-Known Trademark in China under WTO System." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/44183702307514071346.
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"Study on market potential of WebTV in China." 2001. http://library.cuhk.edu.hk/record=b5890575.
Full textAbstract:
by Wong Kit-Yuk.<br>Thesis (M.B.A.)--Chinese University of Hong Kong, 2001.<br>Includes bibliographical references (leaves lxxvi-lxxix).<br>Questionnaire also in Chinese.<br>ABSTRACT --- p.II<br>TABLE OF CONTENTS --- p.IV<br>LIST OF ILLUSTRATIONS --- p.VII<br>LIST OF TABLES --- p.VIII<br>PREFACE --- p.IX<br>CHAPTER<br>Chapter I. --- INTRODUCTION --- p.XI<br>BUSINESS ENVIRONMENT OF WEBTV IN CHINA --- p.XI<br>PRODUCT DESCRIPTION OF WEBTV --- p.XII<br>Chapter II. --- METHODOLOGY --- p.XIII<br>METHODOLOGY FOR THE STUDY --- p.XIII<br>METHODOLOGY FOR THE SURVEY --- p.XV<br>FORMULATE PROBLEM --- p.XVI<br>DETERMINE RESEARCH DESIGN --- p.XVI<br>DESIGN DATA COLLECTION METHODS AND FORMS --- p.XVII<br>QUESTIONNAIRE DESIGN --- p.XVII<br>DESIGN SAMPLE AND COLLECT DATA --- p.XVIII<br>LIMITATION --- p.XX<br>Chapter III. --- EXTERNAL ENVIRONMETN --- p.XXI<br>CURRENT ENVIRONMENT OF TV INDUSTRY --- p.XXI<br>EXTERNAL ENVIRONMENT FOR INTERNET --- p.XXII<br>TECHNOLOGICAL ENVIRONEMNT --- p.XIV<br>CONCLUSION --- p.XV<br>Chapter IV. --- PRODUCT INFORMATION --- p.XXVIII<br>WEBTV PRODUCT FEATURES --- p.XXVIII<br>WEBTV CONSTRAINTS --- p.XXX<br>DIFFERENCES BETWEEN TV AND COMPUTER AS A MEDIA FOR INTERNET ACCESS --- p.XXXII<br>CONCLUSION --- p.XXXIII<br>Chapter V. --- CONSUMER BEHAVIOR --- p.XXXV<br>CONSUMER BEHAVIOR TOWARDS TV --- p.XXXV<br>CONSUMER BEHAVIOR TOWARDS INTERNET --- p.XXXVII<br>CONCLUSION --- p.XXXVIII<br>Chapter VI. --- COMPANY AND COMPETITIVE ANALYSIS --- p.XXXIX<br>"MICROSOFT, PHILIPS AND WEVTV NETWORKS, INC. IN THE INTERACTIVE TV INDUSTRY" --- p.XXXIX<br>"MICROSOFT, PHILIPS AND WEVTV NETWORKS, INC. IN THE CHINA MARKET" --- p.XLI<br>COMPANY'S STRENGTH --- p.XLII<br>COMPETITOR ANALYSIS --- p.XLII<br>AOL --- p.XLII<br>CARIPAC.COM --- p.XLIII<br>MYWEB --- p.XLIII<br>SOFTWARE ENGINEERING CENTRE OF THE CHNESE ACADEMY OF SCIENCE --- p.XIIII<br>TCL --- p.XILV<br>CONCLUSION --- p.XLIV<br>Chapter VII. --- STATISTICAL ANALYSIS --- p.XLVI<br>FINDINGS --- p.XLVII<br>FREQUENCY ANALYSIS --- p.XLVII<br>TV --- p.XLVIII<br>INTERNET --- p.XLVIII<br>WEBTV --- p.XLIX<br>CROSS ANALYSIS --- p.L<br>CONCLUSION --- p.L<br>Chapter VIII. --- SWOT ANALYSIS --- p.LII<br>STRENGTHS --- p.LII<br>WEAKNESSES --- p.LIV<br>OPPORTUNITIES --- p.LV<br>THREATS --- p.LVI<br>Chapter IX. --- RECOMMENDATION ON MARKETING STRATEGIES --- p.LVII<br>PRODUCT --- p.LVII<br>PRICE --- p.LVIII<br>PROMOTION --- p.LIX<br>PLACE --- p.LX<br>Chapter X. --- CONCLUSION --- p.LXI
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Lin, Ssu-hsin, and 林思欣. "The Integration of International Trademark Protection -Discussion on the Possible Cooperative Model between Taiwan and China." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/74263834599674487867.
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碩士<br>逢甲大學<br>財經法律研究所<br>98<br>Trademarks have the function of identification, distinction of others goods and service, quality guarantees and advertising promotions. On business behavior, the trademark owner haw to obtain trademark protection with efficiency, that is, one of the important trade issues. In light of globalization and international trade, through the establishment of the international organization, signed the international treaty or regional trade agreements, for the purpose of harmonizing the difference of trademark law on each countries, even developed protection in cross-border registration system.
Since the opening up of Cross-Strait relations, people on both sides take advantage of the differences of trademark law or the institutional immaturity to lead like the registration of origin for agricultural products, trademark counterfeiting, etc. So it’s important negotiation how to achieve the cooperative model between Taiwan and China. In the background of international trademark protection, I think that both sides should learn from the international community through the existing model of international trademarks protection to discuss contracting background, important normative content, advantages and disadvantages, etc. From those viewpoints to find a suitable the cooperative model between Taiwan and China so as to protect the trademark owners'' interests. Meanwhile, Taiwan and China advocate the signing of the ECFA, it opens the path of bilateral negotiations between Taiwan and China under the WTO multilateral system. I consider that both sides can sign agreements of bilateral trademark cooperation just like imitated the establishment of the model of international trademark protection, it may be a good way to resolve trademark disputes between Taiwan and China.
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顏雅欣. "A Study on the Conflicts between the Enterprise Name and Trademark Right in Taiwan and Mainland China." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/z6wf6m.
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Chen, Wan Ching, and 陳莞青. "The Study on Reasonable Care of Secondary Liability for Trademark Infringement of Online Marketplace Providers in China." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/30794457324715146501.
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碩士<br>國立政治大學<br>法學院碩士在職專班<br>104<br>The booming network economy presents not only huge business opportunities, but also endless trademark infringements on the Internet, and thus raises debates on secondary liability of online marketplace providers and the duty to take reasonable care thereof.
In online C2C business, online marketplace providers is held as a “passive and neutral independent third party” because of being involved in online transaction. After reviewed relevant theories and regulations in the United States, European Union and China, the trend to introduce secondary liability into the tort law system of China is appearing because of the enforcement of “Tort Law of the People's Republic of China” and the amendment of “Trademark Law of the People's Republic of China” in 2014.
As for the standard of reasonable care, the thesis made an empirical analysis on the trademark infringement cases against Taobao in China, concluding that: previous judgments ruled that online marketplace providers would be exempt from secondary liability as long as they took reasonable scrutiny duty in pre-infringement stage and established appropriate notice-and-takedown mechanism. Surprisingly, in E‧LAND LTD v.s Taobao (2011), the court of China considered this issue in a different perspective, holding that online marketplace providers could and should have more duties in post-infringement stage to prevent similar infringing activities from recurring. Also, in this case, “red-flag standard” of US was applied to review subjective intention “should have known” in the infringement more stringently as compared with the previous cases held. However, so far, the established standard to determine the duty of care in this case still fails to be applied widely in other courts in China.
In terms of this, this thesis suggests that : secondary liability should be ruled specifically in “Trademark Law of the People's Republic of China”; the Supreme People's Court should issue Judicial Interpretation as to clearly define the content of the duty to take reasonable care; and the regulations to allow third-party Judicial Forensic Institutions involving in notice-and-takedown mechanism should be enacted as soon as possible.
Further, according to cases of Tiffany (NJ) Inc. v. eBay, Inc.and L'Oréal v. eBay, this article analyzes the difference as to the duty of care and internal conflicts among EU, US and China. Also, after the review of relevant legal system in Taiwan, some existing problems surface, such as, lack of rules for online marketplace providers’ secondary liability in current Trademark Act and difficulties and insufficiencies in just applying Article 185 of Civil Code under current status. Thus, this article herein suggests that the lawmaker should take into account foreign experience with the real domestic demand to enact clauses as to clearly define online marketplace providers’ secondary liability in Trademark Act of Taiwan.
On the other side, multilateral agreements such as Anti-Counterfeiting Trade Agreement (ACTA) and The Trans-Pacific Partnership Agreement (TPP) dominated by US and Japan became the latest trend to harmonize internationally online marketplace providers’ duty of care by intending to increase the standard on the enforcement of intellectual property right. Those relevant clauses are also detailed herein. However, as their non-transparent negotiation and being far too supportive of right holders, those multilateral agreements are crucified and suffering from widespread protests. In light of this, this article urges that harmonization in TRIPs context is just the first priority to reconcile issues such as requirement on the duty of reasonable care, notice-and-takedown mechanism, limitations on injunctions and Safe Harbor under trademark field.
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Song, Yu Tong, and 宋雨桐. "A brief analysis of registration and protection of the trademark in China——A perspective from women's clothing brands." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/4m3r63.
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碩士<br>國立政治大學<br>科技管理與智慧財產研究所<br>106<br>With the development of society, people can gain more goods they need than before, like some beautiful clothes, especially for women. And nowadays there are many women’s clothing brands exist in the market of China, this article is based on this phenomenon and focus on the brands of women’s clothing which people can easily buy.
In this article, the author interpret and define what brand and what women’s clothing brand is. Also, the author will illuminate how to register a trademark in China, and what protection Chinese government and Chinese trademark related laws offer, meanwhile the writer will collect and select the existing women’s clothing brands by searching different information from the internet. Then the writer will search these brands from “Trademark Office of The State Administration For Industry & Commerce of the People’s Republic of China”, collect these brands’ registrant, registration time, publication time, the period of their exclusive rights and so on. The writer will focus on the information above, try to reorganize and analyze the information mentioned above and draw some conclusions from that. The author will search the trademark-related judgment of these selected brands by “China Judgements Online”, as well as collect the sales volume of these brands by “Taobao”. At last the author will use the software of “Excel” and “R” to analyze the data above.
After doing all the things above, the author will draw a conclusion and could give some related suggestion on the topic of the registration and protection of the trademarks’ status in China from women’s clothing brands.