Protection of Well-Known Mark in China

Authors

  • Sthianrapab Naluang Sthianrapab Naluang

Abstract

The first trademark law of China was promulgated in 1924 and it was replaced by Trademark Law of 1950; Chinese modern trademark law, Trademark Law (TL), was introduced in 1982. The modern law was revised two times in 1993 and 2001; the revision of 1993 adopts service mark and 2001 introduces the protection of well-known mark. The revision law of 2001 includes the protection of well-known mark provisions into Article 13 and 14. to follow Paris Convention and TRIPs. However, there are some problems associated with the protection of unregistered well-known mark; particularly, However, there are some problems associated with protection of well-known mark; particularly, protection of unregistered well-known trademark in China because Article 13 allows only well-known trademarks registered in China to gain cross-class protection.

Anti-trademark dilution law has been developed for years through judicial ways. The Supreme People’s Court issued interpretation document to adopt antidilution doctrine. In addition, Chinese courts applied anti-dilution principle to trademark cases.

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