Department of Law

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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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 critique 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 set-up 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 languageEnglish
JournalIIC - International Review of Intellectual Property and Competition Law
Volume48
Issue3
Pages (from-to)305-333
Number of pages29
ISSN0018-9855
DOIs
Publication statusPublished - 6 May 2017

    Research areas

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

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