People's Republic of China's trademark law
Encyclopedia
The system of trademark law in mainland China
is administered by the China Trade Mark Office or CTMO (with an appeal function administered by the Trademark
Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce (SAIC).
The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.
Only registered trade and service mark
s are protected in the PRC: there is no common law
protection for unregistered trademarks (except for "well-known" marks, as detailed below).
Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. "Well-known" trademarks are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).
Trademark piracy is a rampant problem for trademark owners in China, despite the highly effective and speedy administrative raid procedure available to trademark owners under the auspices of the State Administration for Industries and Commerce.
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
is administered by the China Trade Mark Office or CTMO (with an appeal function administered by the Trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce (SAIC).
The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law.
Only registered trade and service mark
Service mark
A service mark or servicemark is a trademark used in some countries, notably the United States, to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used...
s are protected in the PRC: there is no common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
protection for unregistered trademarks (except for "well-known" marks, as detailed below).
Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. "Well-known" trademarks are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).
Trademark piracy is a rampant problem for trademark owners in China, despite the highly effective and speedy administrative raid procedure available to trademark owners under the auspices of the State Administration for Industries and Commerce.
See also
- Intellectual propertyIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
- Law in the People's Republic of China
- Chinese lawChinese lawChinese law is one of the oldest legal traditions in the world. In the 20th and 21st century, law in China has been a complex mix of traditional Chinese approaches and Western influences....
- Hong Kong trademark lawHong Kong trademark lawThe trade mark law of Hong Kong is based on the Trade Marks Ordinance Cap. 559, which came into force on 4 April 2003 and repealed the Trade Mark Ordinance Cap 43. The system established by this legislation is entirely separate to the system used in the People's Republic of China, pursuant to the...
Further reading
- Alford, William P.William P. AlfordWilliam P. Alford is a US legal scholar. He is currently Henry L. Stimson Professor of Law and Vice Dean for the Graduate Program and International Legal Studies at Harvard Law School...
,To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization, Stanford, Calif. : Stanford University Press, 1995. ISBN 0804722706
External links
- China Trademark Search
- China IPR SME Helpdesk Provides free information, advice and training support for SMEs to protect and enforce their IPR in China.
- IP Dragon Gathering, commenting and sharing information about IPR in China
- China Law Blog When to Register Your China Trademark
- Trademark Registration in China
- State Administration for Industry and Commerce (SAIC)
- Trademark Law of the People's Republic of China