The New Legal Framework for Acquiring ‘Well-Known’ Status in China: Signalling a More Coherent Phase of Enhanced Trade Mark Protection?

TY - JOUR

T1 - The New Legal Framework for Acquiring ‘Well-Known’ Status in China

T2 - Signalling a More Coherent Phase of Enhanced Trade Mark Protection?

AU - Xiao, Kaiyu

AU - Barrett Christiansen, Claus

AU - Elsmore, Matthew James

PY - 2017/5/1

Y1 - 2017/5/1

N2 - In China there is a new legal framework governing the determination of “well-known” trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy of attention. Our legal analysis comprises a mix of positive and constructive critiques of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional setup in China. The article’s aim is to detail the new provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China.

AB - In China there is a new legal framework governing the determination of “well-known” trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy of attention. Our legal analysis comprises a mix of positive and constructive critiques of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional setup in China. The article’s aim is to detail the new provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China.

KW - Keywords China · well-known trade mark · new trade mark law and practice · determining and concluding well-known status

UR - http://www.scopus.com/inward/record.url?scp=85018750771&partnerID=8YFLogxK

U2 - 10.1007/s40319-017-0570-5

DO - 10.1007/s40319-017-0570-5

M3 - Journal article

SN - 0018-9855

VL - 48

SP - 305

EP - 333

JO - IIC - International Review of Intellectual Property and Competition Law

JF - IIC - International Review of Intellectual Property and Competition Law

IS - 3

ER -