Journal articles: 'Trademarks China'

1

Zhan, Qian. "The registration of non-traditional trademarks in China: a cautious approach." Queen Mary Journal of Intellectual Property 10, no. 1 (February 19, 2020): 34–61. http://dx.doi.org/10.4337/qmjip.2020.01.02.

Full text

Abstract:

Traditionally, trademarks convey source information to consumers through the use of words, letters, or numerals. The types of signs that are nowadays considered as being capable of constituting a trademark have expanded beyond words or figurative devices. Although non-traditional trademarks have received wide acceptance in many jurisdictions, the hurdle for obtaining registration appears to be higher than for traditional marks. Two issues have figured predominantly in the debate over protection for non-traditional marks: distinctiveness and functionality. Applications for non-traditional trademarks in China have given rise to a number of judicial decisions. The jurisprudence in China has taken a cautious approach in making decisions on a case-by-case basis, depending on the kind of mark in question. After a brief introduction to non-traditional marks, section 2 interprets the trademark definition in the China Trademark Law and reviews the extent to which non-traditional marks might be protected under the existing laws. Sections 3, 4, and 5 present a comprehensive and systematic analysis of the functionality and distinctiveness issues for three-dimensional marks, colour marks, and sound marks. Finally, the Conclusion highlights the main problems in the protection of non-traditional trademarks and proffers solutions for analysing distinctiveness and functionality issues for non-traditional marks.

APA, Harvard, Vancouver, ISO, and other styles

2

Chen, Ming, and Xiaohai Liu. "Bad faith filings in the Chinese Trademark Law: evolution, status quo and improvements." Queen Mary Journal of Intellectual Property 10, no. 3 (September 15, 2020): 306–20. http://dx.doi.org/10.4337/qmjip.2020.03.02.

Full text

Abstract:

Bad faith trademark filings are a serious problem in China. During the fourth revision of the Chinese Trademark Law in 2019, bad faith filings without the intention to use the trademark was added as an absolute ground, with the aim that the Chinese Trademark Law can cope with the bad faith filings problem more effectively. Nevertheless, compared with the EU trademark system, the bad faith filing in the Chinese Trademark Law is not an absolute autonomous ground. Different kinds of bad faith filings are regulated by different clauses respectively. Some trademarks filed in bad faith can only be dealt with by relative grounds and cannot be invalidated after five years of their registrations. In order to deter malicious registration, bad faith filings per se should be introduced into the Chinese Trademark Law as an autonomous absolute ground. Trademarks filed in bad faith should be invalidated at any time.

APA, Harvard, Vancouver, ISO, and other styles

3

Wan, Yong, and Hongxuyang Lu. "Trademark protection of single-colour trademarks: a study of the Chinese Louboutin case." Queen Mary Journal of Intellectual Property 10, no. 2 (June 9, 2020): 255–64. http://dx.doi.org/10.4337/qmjip.2020.02.06.

Full text

Abstract:

In December 2018, Beijing Higher Court released the final decision associated with Christian Louboutin's trademark registration of the famous Red Sole Mark, holding that the mark should be categorized as a single-colour mark applied to a specific portion of the good and it could be registered as a trademark in China. This decision is the first Chinese judicial opinion associated with trademark registrability of a single-colour mark applied to a specific portion of the good, and therefore it plays a significant role in future trademark protection of single-colour trademarks.

APA, Harvard, Vancouver, ISO, and other styles

4

Feng, Shujie. "How are Unregistered Trademarks Protected in China?" IIC - International Review of Intellectual Property and Competition Law 44, no. 7 (September 26, 2013): 815–30. http://dx.doi.org/10.1007/s40319-013-0106-6.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Luo, zONGKUI, and Fang Wang. "From cultural symbols to commercial marks: a quantitative analysis of the trademark law protection of intangible cultural heritage in China." Queen Mary Journal of Intellectual Property 11, no. 2 (May 27, 2021): 158–82. http://dx.doi.org/10.4337/qmjip.2021.02.02.

Full text

Abstract:

The issue of trademark law protection of intangible cultural heritage (ICH) is inevitably encountered in the conversion from cultural symbols to commercial marks. Although academic circles are still discussing this, the practice has already begun. This paper investigates the status of the trademark law protection of ICH in China from the perspective of the application and registration data of ICH trademarks. According to a quantitative analysis of 12 123 items of ICH trademark searching data in China, it can be seen that the trademark protection of ICH is not optimistic, the trademark use of ICH symbols is in a disordered state, and many ICH trademark applications may cause distortion, derogation, or dilution to the connotation of the ICH. As a result, excluding trademark squatting by outsiders and decentralized registrations by indigenous peoples, and orderly utilizing of ICH symbols under a collective trademark or a certification trademark, should be determined as the basic goal of trademark law protection of ICH. To achieve this goal, the solution of ‘exclusion plus unified utilization’ should be adopted in practice. According to this plan, indigenous peoples, the trademark office, courts, and the Center of ICH Protection need to collaborate and improve the trademark law protection of ICH through awareness-raising, actions, institutions, and information.

APA, Harvard, Vancouver, ISO, and other styles

6

Feng, Shujie. "Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?" World Trade Review 19, no. 3 (August 19, 2019): 424–45. http://dx.doi.org/10.1017/s147474561900017x.

Full text

Abstract:

AbstractGeographical indications (GIs), signs used on products that identify their geographical origin and special quality or reputation, are atypical intellectual property. The conflicts of interest between the New World and Old World and the diversity of legal regimes have obstructed the international harmonization of GI protection. Neither the Lisbon Agreement nor the TRIPS Agreement have been able to establish a widely accepted international GI registration or protection system. Though the Geneva Act has remarkably improved the treaty regime of GIs, the different approaches of the European Union and United States still seem irreconcilable. This article examines the Chinese dual GI system from a treaty perspective and explores the common functions of GIs and Trademarks, concluding that China's Trademark Law can ensure GI protection that is compliant with the TRIPS Agreement and the Geneva Act. The Chinese solution can be a reference for other countries which protect GIs with a trademark system.

APA, Harvard, Vancouver, ISO, and other styles

7

윤정화. "A Study on the prevention of registration of counterfeiting trademarks on the Trademark Law in China." Journal of hongik law review 17, no. 3 (September 2016): 613–37. http://dx.doi.org/10.16960/jhlr.17.3.201609.613.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Zhong, Lian, and Yang Wang. "Research on intellectual property strategy to promote the development of tourism branding in China." E3S Web of Conferences 251 (2021): 02008. http://dx.doi.org/10.1051/e3sconf/202125102008.

Full text

Abstract:

From the perspective of innovation, the current issue of China’s tourism development is the insufficient development of tourism branding, which leads to the homogeneity phenomenon of tourism goods and services. As the intellectual property system stimulates creativity and protects innovation, this article suggests that the above-mentioned problem can be solved by effective intellectual property strategy, namely creating distinctive identities through trademark protection and use, and raising qualities of tourism brands through protection and use of geographical indication (GI). Specifically, the article firstly proposes the IP Strategy of creating distinctive identities of tourism brands by active registration, timely opposition and invalidity, and effective protection of trademarks. Secondly, it proposes the IP Strategy of raising qualities of tourism brands by active registration, effective protection and sufficient use of GIs.

APA, Harvard, Vancouver, ISO, and other styles

9

Baker III, Thomas Alexander, Xindan Liu, Natasha T. Brison, and Nathan David Pifer. "Air Qiaodan." International Journal of Sports Marketing and Sponsorship 18, no. 1 (February 6, 2017): 95–105. http://dx.doi.org/10.1108/ijsms-05-2016-0009.

Full text

Abstract:

Purpose For this study, the Jordan case provided the context for investigating Chinese trademark law with the purpose of answering how and why Jordan lost the legal rights to the Chinese version of his name in China. The results from that investigation were used to better explain the phenomena of transliteration and trademark squatting in relation to sport brands and athletes. The purpose of this paper is to formulate suggestions for protecting sport brands and athletes from trademark squatting in China. Design/methodology/approach The authors used traditional legal methodology to investigate the influence of transliteration on trademark squatting in China based on the real-life context provided by the facts in Jordan. First, all reported materials from Chinese courts on the Jordan case were collected and analyzed by the research team, which included an investigator who is fluent in Chinese. Second, the authors conducted a collection, review, and analysis of China’s trademark law, the international trademark law that controls court decisions in China, and the literature on trademark squatting in China. The results from the investigations were used to formulate a description of Jordan that details how the process of transliteration facilitates trademark squatting in China. Findings The findings revealed a loophole within the Chinese administration of trademark regulation through which trademark squatters use the process of transliteration to infringe on trademark rights belonging to senior, foreign brands. Furthermore, the findings lead us to suggest that sport brands are particularly vulnerable to this type of trademark squatting in China. In Jordan, Qiaodan Sports exploited the transliteration loophole to obtain trademark ownership of Qiaodan to the detriment of Brand Jordan and, to a lesser extent, Chinese consumers. Research limitations/implications This study contributes to the literature by conceptualizing a “transliteration loophole” that facilitates trademark squatting in China. Further, this is the first study to focus on how the concepts of transliteration and trademark squatting influence celebrity athletes and sport brands. Practical implications For foreign celebrity athletes and sport brands, the case should alert them of their vulnerability to trademark squatting of transliterations assigned to them by sport broadcasters or sport consumers in China. For instructors of sport law and sport marketing courses, the Jordan case provides teachable lessons on the value of trademark, the process of trademark squatting, and the process of transliteration and its relation to trademark squatting in China. Social implications Socially, studies in trademark squatting and Chinese trademark law are needed as China continues to expand its intellectual property regulations. The People’s Republic of China started regulating trademarks in the 1980s and since then, there have been three major modifications. Still, controversies exist in terms of trademark squatting of foreign brands and research is needed to better understand why this happens, and how it can be avoided. Originality/value The focus on sport as well as the suggestions offered for sport brands and celebrity athletes makes this study the first of its kind within the literature on trademark squatting in China. The importance and impact of the Jordan case is one that attracts attention and should result in significant impact in the literature and practical impact for the field.

APA, Harvard, Vancouver, ISO, and other styles

10

Androshchuk, Hennadii. "Сombating unfair registrations and using means of individualization in the conditions of digital transformation." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 120–33. http://dx.doi.org/10.33731/62020.234053.

Full text

Abstract:

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and use ofmeans of individualization (trademarks, brand names, geographical indications, domainnames) in the context of digital transformation. The formation of theoretical and methodologicaland methodological foundations for the protection of the rights of their owners,improving the efficiency of experts of intellectual property agencies, law enforcementagencies, tools for digital search and use of artificial intelligence (AI) to ensure the effectivenessof the institution of individualization. The economic and legal aspects of foreign(in the jurisdictions of China, USA, EU) and domestic legislative and law enforcementpractices to combat the phenomenon of unfair registration and use of personalization,digital search tools and the use of AI are analyzed. It is shown that over the next fiveyears, 30 to 50% of product searches will be by voice rather than text, so the impact of AIon the way a product is purchased will have significant economic and legal implicationsfor individualization legislation. The means of counteracting unscrupulous applicants inthe USA have been studied. The U.S. Patent and Trademark Office (USPTO) has developedrules under which foreign applicants and trademark owners must be representedby a U.S. licensed attorney when filing trademark applications with the USPTO. Emphasisis placed on the introduction of legislative liability of e-commerce platforms forcounterfeit goods. The analysis of the last changes in the legislation of Ukraine on protectionof trade marks is carried out. It is shown that the new rules change the approachesto registration and protection of trademarks, create the possibility of their fair use.Digitalization, transition to e-document circulation in the Customs Register, improvementof the procedure for destruction of counterfeit goods are important anti-corruptionsteps in the activities of Ukrainian customs in the context of digital transformation of theeconomy.

APA, Harvard, Vancouver, ISO, and other styles

11

Shi, Guanming, Carl Pray, and Wenhui Zhang. "Effectiveness of Intellectual Property Protection: Survey Evidence from China." Agricultural and Resource Economics Review 41, no. 3 (December 2012): 286–97. http://dx.doi.org/10.1017/s106828050000126x.

Full text

Abstract:

This paper examines Chinese pesticide firms’ use and perceptions of various means of intellectual property (IP) protection in protecting their innovations, using a unique dataset from 97 pesticide firms surveyed in 2008. These firms rate Chinese patents as quite effective in protecting their IP from infringement, although 70 percent of them state that improved enforcement is needed. Those firms that have been granted patents and those that claim their patents have been infringed upon both give lower ratings to the perceived effectiveness of patents. Trademarks are rated as less effective than patents, but firms that have had experience with patenting and infringement of patents tend to rate trademarks as more effective than those firms that do not have direct experience with the patent system. General government policies to encourage increased privatization, more private R&D, and higher education are associated with more faith in IP, but policies to strengthen IP by promoting mandatory IP training and the development of specialized IP divisions in the firms do not influence perceptions of IP effectiveness. We conclude that if the Chinese government wants to encourage innovation using IP protection, it must focus on improving the enforcement of patents.

APA, Harvard, Vancouver, ISO, and other styles

12

Naumovski, G., and D. Chapkanov. "Convergence of Trademark Law and E-Commerce: Overview of US, EU and China Regulations on Trademarks and Domain Names." Mizan Law Review 8, no. 2 (May 27, 2015): 424. http://dx.doi.org/10.4314/mlr.v8i2.6.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Feng, Shujie. "The reform of passing off in Chinese Law: effects of the 2017 revision of the Anti-Unfair Competition Law." Queen Mary Journal of Intellectual Property 11, no. 3 (August 2021): 314–38. http://dx.doi.org/10.4337/qmjip.2021.03.03.

Full text

Abstract:

Confusion, or passing off, is a typical unfair practice recognized internationally, but national laws still differ from each other. Although the Chinese Anti-Unfair Competition Law of 1993 provided a narrow rule on passing off, a rich amount of case law has considerably enlarged its scope of application. The reform of the passing off regime in 2017 was essentially based on case law. This reform consists of four main aspects: expansion of the scope of protectable commercial signs: clarification of the applicability of the passing off rule to registered and unregistered trademarks; the adjustment of fame as a qualifying condition of passing off; and the adoption of a general rule prohibiting confusion. This reform has not only consolidated the case law and approach developed by the courts, but also bestowed an open and flexible spirit in the passing off regime which will enhance its efficiency in the fight against unfair imitation. *PhD (University of Paris I – Pantheon Sorbonne), LLM (Renmin University of China), LLB (Shandong University), Director of the Innovation & Competition Law Center, Former Vice-President of the Trademark & Unfair Competition Committee of the IP Case Law Center (Beijing) of the Chinese Supreme People's Court, Vice President of the Beijing IP Judicial Protection Association, Expert Council Member of China Trademark Association, Co-Chair of American Society of International Law Intellectual Property Interest Group, Visiting Professor or Research Fellow (University of Milan, University of Toulouse I, University of Paris I, University of Paris XI, Max Plank Institute for Procedural Law and Strasbourg University CEIPI). The author is thankful to Miss Kristina DaCosta (LLM graduate of Tsinghua University), Miss Ling Zhang (PhD candidate of Tsinghua University) and Mr Yu Huang (LLM graduate of Tsinghua University) for their valuable assistance in this research. This research is part of the project 20BFX142 of the National Social Science Fund of China.

APA, Harvard, Vancouver, ISO, and other styles

14

Conceison, Claire. "China's Experimental Mainstream: The Badass Theatre of Meng Jinghui." TDR/The Drama Review 58, no. 1 (March 2014): 64–88. http://dx.doi.org/10.1162/dram_a_00328.

Full text

Abstract:

Meng Jinghui has been the most important experimental theatre director in the People's Republic of China for the past two decades, with an increasingly global presence. The success and popularity of his productions challenge conventional notions of the avantgarde and persistent dichotomies of official vs. unofficial networks and discourses. His cool “badass” persona and aesthetic have become recognizable trademarks of his work, which includes adaptations of Western classics, collaborations with Chinese playwrights, and collective creations.

APA, Harvard, Vancouver, ISO, and other styles

15

Guo, Shuai. "A Story of Convergence of ipr Regimes: The ipr Chapter in the China-Korea Free Trade Agreement." Chinese Journal of Global Governance 2, no. 2 (October 19, 2016): 164–94. http://dx.doi.org/10.1163/23525207-12340020.

Full text

Abstract:

The signature of the free trade agreement between China and Korea (China-Korea fta) on 1 June 2015 marked the first of this type in North-eastern Asia. Noteworthy is that Chapter 15 thereof, which has 31 articles, is dedicated to intellectual property rights (ipr). The ipr chapter covers general principles, copyright and related rights, trademarks, patents and utility model, genetic resources, traditional knowledge and folklore, plant variety protection, undisclosed information, and industrial design. This paper examines the ipr provisions in the China-Korea fta against the background of the evolving international regime for ipr protection and particularly the ipr provisions in the existing ftas which China has concluded and those Korea has concluded respectively, and then provides a critical evaluation of the ipr provisions in the China-Korea fta. It argues that China-Korea fta is a result of the convergence of various ipr regimes that both countries are shaping separately or jointly, and may serve as a model for upcoming ftas.

APA, Harvard, Vancouver, ISO, and other styles

16

Bachner, Bryan, and Mark Jiang. "Governing Trademarks in Cyberspace: A Comparative Study of the Regulation of Domain Names in China." Asia Pacific Law Review 8, no. 2 (December 2000): 191–209. http://dx.doi.org/10.1023/a:1009089201533.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Liu, Kung-Chung, and Shufeng Zheng. "Asian IP Law: An Area of Rising Importance." GRUR International 69, no. 3 (February 28, 2020): 249–59. http://dx.doi.org/10.1093/grurint/ikaa013.

Full text

Abstract:

Abstract Intellectual property (IP) laws are an important instrument for promoting cooperation and peace in Asia. In their own ways, Japan, Korea, Taiwan, Hong Kong, Singapore, China and India all serve as IP success stories. Structural features of the IP landscape in major Asian jurisdictions include the following: technocrat-driven IP law, national IP strategies and specialized IP or patent judges. In addition, there are five distinctively Asian developments worth noticing: the sweeping criminalization of copyright infringement, an explosion in the number of registered trademarks, the very limited use of compulsory patent licensing and the convergence on certain standards for the licensing of standard essential patents (SEPs). On the other hand, it is notable that an open-ended and general fair use clause has had a mixed reception in Asian copyright and trademark law. Finding ways to enhance cooperation across Asia, steering IP regimes through trade deals and free trade agreements (FTAs), envisioning a fairer (or at least more functional) mechanism for paying creators, and improving the quality and performance of IP or patent judges are among the important issues that need addressing in the continuing effort to leverage IP laws as a tool for prosperity and peace in Asia.

APA, Harvard, Vancouver, ISO, and other styles

18

Roh,Hyun-Soo and Kwangmyung Woo. "Infringement of China Intellectual Property Right and Countermeasures of Business -Focused on Patent and Trademarks Cases." KOREA INTERNATIONAL COMMERCIAL REVIEW 25, no. 1 (March 2010): 311–34. http://dx.doi.org/10.18104/kaic.25.1.201003.311.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Androshchuk, Hennadii. "Сombating unfair registrations and using means of individualization in the conditions of digital transformation." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 48–67. http://dx.doi.org/10.33731/12021.234192.

Full text

Abstract:

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and useof means of individualization (trademarks, brand names, geographical indications,domain names) in the context of digital transformation. The formation of theoreticaland methodological and methodological foundations for the protection of the rights oftheir owners, improving the efficiency of experts of intellectual property agencies, lawenforcement agencies, tools for digital search and use of artificial intelligence (AI) toensure the effectiveness of the institution of individualization. The economic and legalaspects of foreign (in the jurisdictions of China, USA, EU) and domestic legislativeand law enforcement practices to combat the phenomenon of unfair registration anduse of personalization, digital search tools and the use of AI are analyzed. It is shownthat over the next five years, 30 to 50% of product searches will be by voice ratherthan text, so the impact of AI on the way a product is purchased will have significanteconomic and legal implications for individualization legislation. The means of counteractingunscrupulous applicants in the USA have been studied. The U.S. Patentand Trademark Office (USPTO) has developed rules under which foreign applicantsand trademark owners must be represented by a U.S. licensed attorney when filingtrademark applications with the USPTO. Emphasis is placed on the introduction oflegislative liability of e-commerce platforms for counterfeit goods. The analysis of thelast changes in the legislation of Ukraine on protection of trade marks is carried out.It is shown that the new rules change the approaches to registration and protection oftrademarks, create the possibility of their fair use. Digitalization, transition to e-documentcirculation in the Customs Register, improvement of the procedure for destructionof counterfeit goods are important anti-corruption steps in the activities ofUkrainian customs in the context of digital transformation of the economy.

APA, Harvard, Vancouver, ISO, and other styles

20

Fung, Hon-Ngen, and Chan-Yuan Wong. "Exploring the modernization process of traditional medicine: a Triple Helix perspective with insights from publication and trademark statistics." Social Science Information 54, no. 3 (May 5, 2015): 327–53. http://dx.doi.org/10.1177/0539018415577504.

Full text

Abstract:

The traditional medicine industry has undergone rapid modernization in the last 20 years, spurred on by the World Health Organization’s (WHO) Traditional Medicine Agenda to integrate traditional medicine as a complement to conventional Western medicine. While the current literature tends to visualize traditional medical systems in silos within the context of their own national interests, we aim to evaluate and explore the changing innovation landscape in traditional medicine across several selected Asian economies in order to provide a snapshot of capability in this rapidly growing field of study. Adopting an evolutionary perspective of industrial progress, this study utilizes data relating to scientific publications and trademarks to indicate the trajectory of knowledge production and commercialization in traditional medicine, and thus to assess the modernization efforts of the selected economies. For this study, we observe innovative activity in China, Hong Kong, Japan, Malaysia, Singapore, South Korea, Taiwan, and Thailand between 1993 and 2012. The results show that Hong Kong, China, Taiwan, and South Korea have the most sophisticated innovation systems in terms of capability and productivity in the fields of science and innovation. Japan and Singapore have also shown strong growth, while Thailand and Malaysia are lagging behind the other selected economies.

APA, Harvard, Vancouver, ISO, and other styles

21

Chang, Peter T. C. "China's Environmental Crisis: Practical Insights from Chinese Religiosity." Worldviews: Global Religions, Culture, and Ecology 15, no. 3 (2011): 247–67. http://dx.doi.org/10.1163/156853511x588644.

Full text

Abstract:

AbstractConfronted with a looming ecological crisis, calls are intensifying for modern China to rekindle its ancient naturalistic worldview. My paper explores the practical implications of these exhortations, namely, the requisite actions to transform contemporary Chinese into citizenry committed to sustainable living. Two trademarks of the traditional Chinese moral enterprise will be elaborated. The first is the doctrine of concentric circle. I will explain that the Confucian strategy to fulfill humankind's universal obligation is to begin with rectifying the self, the local community and extending incrementally towards the embracing of all things. The process to heal nature's wounds henceforth must similarly commence with disciplined self-cultivation anchored in the nuclear family. The second is ancestral worship, which I plan to argue has efficacy in strengthening people's resolve to subsist sacrificially for the sake of their descendents. As a platform to venerate the dead, this ritual also serves as conduit to a spiritual realm that awakens the living and reinforces our bond to the future generation.

APA, Harvard, Vancouver, ISO, and other styles

22

de Almeida, Alberto Ribeiro, and Suelen Carls. "The Criteria to Qualify a Geographical Term as Generic: Are We Moving from a European to a US Perspective?" IIC - International Review of Intellectual Property and Competition Law 52, no. 4 (March 16, 2021): 444–67. http://dx.doi.org/10.1007/s40319-021-01045-x.

Full text

Abstract:

AbstractThis article discusses the transformation of a distinctive trade sign into a generic term. Any distinctive trade sign carries this risk, primarily if it benefits from a high level of reputation or prestige, and the product identified is unique in the market. This is probably the most critical danger for such signs, especially if they are industrial property rights. Several criteria have been developed to determine if a sign has been transformed into a generic term. These criteria have economic and political relevance, as genericness is not a trivial issue. The European Court of Justice (ECJ) has taken a position in this matter, as have the European Union Regulations on trademarks and geographical indications. However, the bilateral and multilateral agreements are the critical arena for conflicts concerning geographical terms’ qualification as common terms. The European Union (EU) and the United States (US) have been in the spotlight for a long time, while China is also reaching a prominent place in this dispute. The most recent bilateral agreements have been twisting the criteria applied when assessing a geographical term’s genericness.

APA, Harvard, Vancouver, ISO, and other styles

23

Cai, Chuanzi. "Civil litigation and court decisions on trademark counterfeiting in China: an empirical assessment." Queen Mary Journal of Intellectual Property 10, no. 4 (December 25, 2020): 418–40. http://dx.doi.org/10.4337/qmjip.2020.04.01.

Full text

Abstract:

China has long been the World's Walmart of counterfeits, and the remedies in counterfeiting cases have always been criticized as too small to compensate trademark owners. In the year 2013, China revised its trademark law, which increased the cap of statutory damages and incorporated secondary liability clauses into the law. Does the change of law bring any changes to the remedies granted in counterfeiting civil cases? What are the factors affecting court decisions? Relying on more than 800 civil cases in trademark counterfeiting, this article empirically studies the case characteristics and court decisions to understand the case outcomes and litigation scenario. It reveals the characteristics of civil litigation and factors affecting court decisions on trademark counterfeiting in China. Though there is some literature on remedies in trademark cases, very few analyses focus on courts' legal reasonings or the changes in civil remedies after the law revision. This article tries to fill in this gap, looking through the lens of the law on the books – the law revisions – and the law in practice – the court decisions.

APA, Harvard, Vancouver, ISO, and other styles

24

Gao, Zhihong. "Trademark Law and Litigation in China." Journal of Asia-Pacific Business 12, no. 1 (February 28, 2011): 43–68. http://dx.doi.org/10.1080/10599231.2011.535742.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Yang, Deli, and Mahmut Sönmez. "The Wtoand Trademark Development in China." Journal of World Intellectual Property 6, no. 4 (November 1, 2005): 633–53. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00232.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Chen, Chao, and Rongxi Luo. "Executive marketing background, corporate trademark and brand management." Journal of Contemporary Marketing Science 2, no. 3 (December 17, 2019): 345–67. http://dx.doi.org/10.1108/jcmars-08-2019-0030.

Full text

Abstract:

Purpose With many years’ economic transformation from “Made in China” to “Created in China,” the State Council has set May 10th as annual “China’s Brand Day” from 2017. This action indicates the implementation of brand strategy and the new national policy of promoting China’s brands. The purpose of this paper is to examine the influence of marketing background of top management team (TMT) on trademark and brand output. Design/methodology/approach Using the trademark application data of Chinese-listed companies, this paper constructs a multiple linear regression model and uses the OLS method. This research also uses two-stage regression to examine the effect of endogeneity on the results. Findings Our results show that the higher the proportion of executives with marketing background in TMT, the more the number of trademark applications. Furthermore, we document that the positive impact of TMT marketing background on the number of trademark applications is more pronounced in non-state-owned enterprises, companies with more patent output and companies whose CEO has marketing background, indicating that when TMT can play a bigger role, companies have better innovation ability and team collaboration is more efficient, the promoting role of TMT marketing background on the number of corporate trademark applications will be stronger. Originality/value This research focuses on the world’s largest emerging economy – China, which is different from the existing literature that is mainly based on western developed countries. With China’s economy stepping into a new normal and consumption upgrading, it is important and worthy of a deep discussion about which factors affect the company’s trademark and brand management.

APA, Harvard, Vancouver, ISO, and other styles

27

Meisheng, Zhao. "The patent and trademark systems of China." World Patent Information 13, no. 1 (January 1991): 32–36. http://dx.doi.org/10.1016/0172-2190(91)90247-3.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Zhang, Yanan. "Punitive damages in trademark infringement disputes in China: challenges and prospects." Queen Mary Journal of Intellectual Property 11, no. 3 (August 2021): 362–85. http://dx.doi.org/10.4337/qmjip.2021.03.05.

Full text

Abstract:

Punitive damages were introduced into the intellectual property field in China by legislation permitting their imposition for malicious and serious infringements. This paper offers a comprehensive legal framework of punitive damages regarding trademark infringement and a critical analysis of the application of punitive damages in trademark infringement disputes in Chinese judicial practice. My research reveals that punitive damages have rarely been imposed since the punitive damages provision, Article 63 of the Trademark Law, took effect in 2014, whereas statutory damages have been applied extensively. The reason for this is that there are few guidelines for the application of this provision. The challenges to the application include undefined statutory requirements, difficulties in not only assessing compensation but also providing evidence and determining the multiple of compensation, and an unclear relationship between statutory damages and punitive damages. The 2019 Amendment of the Trademark Law retains these problems. Fortunately, the recently released Judicial Interpretation and typical cases concerning punitive damages contribute to resolving them. Moreover, those cases in which punitive damages have been applied have gradually revealed some basic principles for their application. Reform suggestions are offered in order to stimulate the development of a more thorough and uniform application of the punitive damages provision.

APA, Harvard, Vancouver, ISO, and other styles

29

Suzuki, David Y. "Trademark enforcement in the People’s Republic of China." World Patent Information 24, no. 4 (December 2002): 293–95. http://dx.doi.org/10.1016/s0172-2190(02)00070-4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Wang, Zhihao, and Jiefei Guo. "Research on Legal Protection of Geographical Indications." Learning & Education 9, no. 3 (December 29, 2020): 40. http://dx.doi.org/10.18282/l-e.v9i3.1569.

Full text

Abstract:

With the development of the times, geographical indications have more and more influence on a country’s economy and culture. As a big country of geographical indication resources, China should make use of the benefits of geographical indications to promote economic and cultural development. However, due to the mixed legislative mode of Trademark Act, which includes TrademarkAct,Regulations on the protection of geographical indications andAdministrative measuresfor geographical indications of agricultural products, there are conflicts and confusion in the legal provisions, which is not conducive to the development of geographical indications in China. This paper discusses the protection mode of geographical indications in European Union, the United States and other countries, analyzes the advantages and disadvantages of special law protection, Trademark Act protection and anti-unfair competition law protection mode, and puts forward suggestions that China should adopt special law protection to make better use of China’s rich geographical indication resources in the way of strong protection.

APA, Harvard, Vancouver, ISO, and other styles

31

Sonmez, Mahmut, and Deli Yang. "Manchester United versus China: A counterfeiting and trademark match." Managing Leisure 10, no. 1 (January 2005): 1–18. http://dx.doi.org/10.1080/13606710500086611.

Full text

APA, Harvard, Vancouver, ISO, and other styles

32

Shin, Chan-Ho. "A Study on the Modern Trademark system in China." Northeast Asian law journal 12, no. 2 (September 30, 2018): 71–98. http://dx.doi.org/10.19035/nal.2018.12.2.3.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

LI, YU, and MINGGUO HUANGFU. "Suggestions on the criminal protection of trademark right in China." Dong-A Journal of International Business Transactions Law 28 (January 31, 2020): 1–24. http://dx.doi.org/10.31839/ibt.2020.01.28.1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Zhu, Lanye. "An Analysis of China's System of Protecting Geographical Indications." Asian Journal of Comparative Law 1 (2006): 1–21. http://dx.doi.org/10.1017/s2194607800000806.

Full text

Abstract:

AbstractGeographical indications are a kind of intellectual property required to be protected under the TRIPS Agreement of the WTO. In order to fulfil its WTO obligations, China started to protect geographical indications even before it was formally admitted to the WTO. At present, geographical indications can be protected in Chinese law through one or both of the following ways: trademark registration pursuant to the Trademark Law, and the registration of special labels bearing geographical indications. However, internal problems exist within both of these systems, and the co-existence of the systems also creates conflicts. This article analyses these problems and proposes ways of resolving them.

APA, Harvard, Vancouver, ISO, and other styles

35

Zhang, Chenguo. "The right of publicity in Chinese Law? A comment on the Michael Jeffrey Jordan case and comparative analysis with the US, UK, Germany, and the Asia Pacific." Queen Mary Journal of Intellectual Property 10, no. 4 (December 25, 2020): 441–60. http://dx.doi.org/10.4337/qmjip.2020.04.02.

Full text

Abstract:

In Michael Jeffery Jordan v Chinese Trademark Review and Adjudication Board, the Supreme People's Court (SPC) set a precedent for foreign companies and celebrities enforcing their rights of publicity against malicious trademark registration in China. This article introduces the legal grounds of the SPC's deliberations on Jordan's claims and responds to the critiques of most Chinese commentators in the field of civil law. Deeply influenced by German law, mainland China's legal system strictly distinguishes between personality rights and property rights. Comparative analysis with the US, Germany, Japan, and Hong Kong indicates that different legal civilizations have developed different approaches to position the right of publicity logically in their legal systems. The Jordan decision indicates that the ‘right of the name’ is a prior right provided in Article 32 of the Trademark Law of the PRC. This article contends that the ‘right of the name’ as provided in the Chinese Anti-Unfair Competition Law differs from the ‘right of the name’ articulated in Article 110 of the General Principles of Civil Law (2017). The former concerns the commercial interest and property aspects of a celebrity's name, which is fairly similar to the right of publicity, while the latter regards the personality right. The further development of the right of publicity protection relies in mainland China on a consistent judicial practice.

APA, Harvard, Vancouver, ISO, and other styles

36

Cheung, Yu Ha, Lai Man Tang, and Yin Wong. "The Current State of Protection of European Trademark Rights in China." Journal of Euromarketing 18, no. 3 (2009): 169–82. http://dx.doi.org/10.9768/0018.03.169.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Cheung, Yu Ha, Lai Man Tang, and Yin Wong. "The Current State of Protection of European Trademark Rights in China." Journal of Euromarketing 18, no. 3 (September 18, 2009): 169–81. http://dx.doi.org/10.1080/10496480903146599.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Cai, Chuanzi. "An empirical study of criminal sanction on trademark counterfeiting in China." International Journal of Law, Crime and Justice 63 (December 2020): 100417. http://dx.doi.org/10.1016/j.ijlcj.2020.100417.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Kim, Yong Ju. "The Trademark Management of the Korean New Fashion Designer Brands -Cases of Trademark Registration of Indibrand Fair Fashion Brands in China-." JOURNAL OF THE KOREAN SOCIETY DESIGN CULTURE 26, no. 4 (December 31, 2020): 73–89. http://dx.doi.org/10.18208/ksdc.2020.26.4.73.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Kim, Yong-Kil. "A Study of Trademark Protection System of the People’s Republic of China." Journal of Intellectual Property 5, no. 3 (September 30, 2010): 169–203. http://dx.doi.org/10.34122/jip.2010.09.5.3.169.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Zhu, Dong. "Beyond safe harbour: secondary trademark liability of online auction sites in China." Queen Mary Journal of Intellectual Property 7, no. 3 (September 2017): 265–82. http://dx.doi.org/10.4337/qmjip.2017.03.01.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Zeraibi, Ayoub, Daniel Balsalobre-Lorente, and Khurram Shehzad. "Examining the Asymmetric Nexus between Energy Consumption, Technological Innovation, and Economic Growth; Does Energy Consumption and Technology Boost Economic Development?" Sustainability 12, no. 21 (October 26, 2020): 8867. http://dx.doi.org/10.3390/su12218867.

Full text

Abstract:

This study aims to explore the connection between the potential effects of energy consumption and technological innovation on economic growth in China from 1980 to 2018. The Non-Linear Autoregressive Distributive Lag (NARDL) econometric approach reveals an asymmetric connection between technological innovation, energy consumption, and economic growth in China from 1980 to 2018. The empirical results also reveal that a 1% decrease in energy consumption would imperatively decline economic growth by 12.5%. Moreover, a 1% upsurge in trademark applications improves economic growth by 8.2%. For the case of China, this study reveals that a large portion of the energy was used by families, which is regarded as a non-contributing element to the economy of China. This study suggests that the promotion and production of energy-efficient processes and products is necessary in order to make a more significant step toward sustainable development. The empirical findings also suggest that the Chinese government should regulate suitable policies aimed at promoting energy efficiency and the control of inefficient energy uses.

APA, Harvard, Vancouver, ISO, and other styles

43

Feng, Zehua. "On Intellectual Property Right Protection of Hyperlinks Infringement in China." ITM Web of Conferences 25 (2019): 03001. http://dx.doi.org/10.1051/itmconf/20192503001.

Full text

Abstract:

Hyperlink technology is an important technology for the dissemination of information in era of internet. With the rapid development of the network economy, various types of hyperlink technology are applied more frequently. Website operators also pay more attention to the ownership of their own network information resources and the protection of commercial interests. From the point of view of the protection of hyperlink technology, it has been regarded as an intellectual property right. Therefore, starting from different types of hyperlink technology and combining with the existing Copyright Law, Trademark Law and Anti-Unfair Competition Law, this paper reiterates the principles and standards of liability fixation for hyperlink infringement, which can provide countermeasures for website operators to resolve related infringement disputes.

APA, Harvard, Vancouver, ISO, and other styles

44

SAGGI, KAMAL, and JOEL P. TRACHTMAN. "Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009." World Trade Review 10, no. 1 (January 2011): 63–86. http://dx.doi.org/10.1017/s1474745610000455.

Full text

Abstract:

AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.

APA, Harvard, Vancouver, ISO, and other styles

45

Leydesdorff, Loet, Henry Etzkowitz, and Duncan Kushnir. "Globalization and growth of US university patenting (2009–2014)." Industry and Higher Education 30, no. 4 (August 2016): 257–66. http://dx.doi.org/10.1177/0950422216660253.

Full text

Abstract:

Following a pause, with a relatively flat rate, from 1998 to 2008, the long-term trend of university patenting rising as a share of all patenting has resumed, driven by the internationalization of academic entrepreneurship and the persistence of US university technology transfer. The authors disaggregate this recent growth in university patenting at the US Patent and Trademark Organization (USPTO) in terms of nations and patent classes. Foreign patenting in the United States almost doubled during the period 2009–2014, mainly due to patenting by universities in Taiwan, Korea, China and Japan. These nations compete with the United States in terms of patent portfolios, whereas most European countries – with the exception of the United Kingdom – have more specific portfolios, mainly in biomedical fields. In the case of China, Tsinghua University holds 63% of the university patents in USPTO; followed by King Fahd University with 55.2% of the national portfolio.

APA, Harvard, Vancouver, ISO, and other styles

46

Nitu, Valentin Ionut. "Comparative Analysis of the Community Trademark Registration Activity of Germany, the United States and China." Procedia Economics and Finance 15 (2014): 603–8. http://dx.doi.org/10.1016/s2212-5671(14)00528-0.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Lin, Qing, and Zheng Lian. "On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective." Sustainability 10, no. 12 (November 23, 2018): 4369. http://dx.doi.org/10.3390/su10124369.

Full text

Abstract:

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

APA, Harvard, Vancouver, ISO, and other styles

48

Jun-yang Zhang and Bae Jung-Han. "A Study on Operator's Responsibility on Infringement of Trademark Rights by Users on the Open Market in China." KOREA INTERNATIONAL COMMERCIAL REVIEW 30, no. 1 (March 2015): 49–70. http://dx.doi.org/10.18104/kaic.30.1.201503.49.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Anaya-Ruiz, Maricruz, Cindy Bandala, Gerardo Landeta, Patricia Martínez-Morales, Jose L. Zumaquero-Rios, Jorge Sarracent-Pérez, and Martín Pérez-Santos. "Nanostructured Systems in Advanced Drug Targeting for the Cancer Treatment: Recent Patents." Recent Patents on Anti-Cancer Drug Discovery 14, no. 1 (March 13, 2019): 85–94. http://dx.doi.org/10.2174/1574892813666181031154146.

Full text

Abstract:

Background: Cancer is one of the leading causes of death in the world and it is necessary to develop new strategies for its treatment because most therapies have limited access to many types of tumors, as well as low therapeutic efficacy and high toxicity.Objective:The present research aims to identify recent patents of drug delivery nanostructured systems that may have application in improving cancer treatment.Methods:Recent patents regarding the drug delivery nanostructured systems for cancer treatment were obtained from the patent databases of the six main patent offices of the world: United States Patent and Trademark Office, European Patent Office, World Intellectual Property Organization, Japan Patent Office, State Intellectual Property Office of China and Korean Intellectual Property Office.Results:A total of 1710 patent documents from 1998 to 2017 including "drug delivery nanostructured systems for cancer treatment" were retrieved. The top five countries in patent share were USA, China, South Korea, Canada and Germany. The universities and enterprises of USA had the highest amount of patents followed by institutions from China.Conclusion:There is a strong tendency for the development of new nanostructured systems for the release of drugs; particularly, in recent years, the development of nanoparticles has focused on nanodiscs, gold nanoparticles and immunoliposomes.

APA, Harvard, Vancouver, ISO, and other styles

50

Shang, Lina. "Intellectual Property Protection in China (Shanghai) Pilot Free Trade Zone-Judicial and Administrative Practice in Trademark Infringement of OEM." Chinese Economy 50, no. 4 (July 4, 2017): 259–65. http://dx.doi.org/10.1080/10971475.2017.1321889.

Full text

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Trademarks China'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles