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

Kaiyu Xiao; Claus Barrett Christiansen; Matthew James Elsmore

doi:10.1007/s40319-017-0570-5

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

Kaiyu Xiao, Claus Barrett Christiansen, Matthew James Elsmore

Department of Law

Research output: Contribution to journal/Conference contribution in journal/Contribution to newspaper › Journal article › Research › peer-review

2 Citations (Scopus)

202 Downloads (Pure)

Abstract

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.

Original language	English
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume	48
Issue	3
Pages (from-to)	305-333
Number of pages	29
ISSN	0018-9855
DOIs	https://doi.org/10.1007/s40319-017-0570-5
Publication status	Published - 1 May 2017

Keywords

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

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The New Legal Framework for Acquiring Well-Known Status in China_Accepted manuscript_2017Accepted manuscript, 1.23 MB

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abstract = "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{\textquoteright}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.",

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The New Legal Framework for Acquiring ‘Well-Known’ Status in China: Signalling a More Coherent Phase of Enhanced Trade Mark Protection? / Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James.
In: IIC - International Review of Intellectual Property and Competition Law, Vol. 48, No. 3, 01.05.2017, p. 305-333.

Research output: Contribution to journal/Conference contribution in journal/Contribution to newspaper › Journal article › Research › peer-review

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

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