Registration of the trade mark in China. Legal conditions of protection of trade marks in Chinese People's Republic. The analysis of precedents and practice of successful litigations in area
Date of an output(exit): 02.10.2006 Quantity(amount) of pages: 127
The purpose and problems(tasks) of the report:
The review of a situation on wrongful use of trade marks, distinctive service marks in Chinese People's Republic. The analysis of quantity(amount) of offences in the given sphere, an estimation of efficiency of the Chinese legislation in the decision of the disputable moments at registration and protection of trade marks in territory of China. The description of procedure of registration of trade marks in China. Development(manufacture) of recommendations for the foreign companies, wishing to register the trade mark in territory of Chinese People's Republic.
Methods and tools of research
During preparation of the analytical report the following methods of gathering and the analysis of the information were used:
· Gathering of the initial information (it was carried out(spent) in August, 2006.).
· the Review of legal certificates(acts) of Chinese People's Republic in sphere of registration and protection of trade marks.
· Supervision on the largest specialized экспортноориентированных exhibitions of Chinese People's Republic.
· the Logic analysis.
· the One-dimensional and multivariate comparative analysis.
· Transformation of the data.
· Checking of a solvency of the data.
Information base of research
· Own database Optim Consult International Co., Ltd.
· Annual reports of Management on commercial and industrial affairs on protection of the exclusive right to use of a trade mark.
· Materials of statistical departments of Russia and Chinese People's Republic.
· the Analysis of annual activity of the trading and transport companies.
· Branch periodicals.
· Results of the carried out(spent) researches.
· Clauses(articles) in the Chinese MASS-MEDIA.
Endurances(quotations) from the text of the report:
To correspond(meet) to requirements of the Chinese reform and to establish communication(connection) with an external world, and also with a view of economic development, in China in August, 1982 the Law on trade marks of the Chinese National Republic (further the Law on trade marks) which has come into force March, 1, 1983 was promulgated. The law on trade marks is the first law on the intellectual property from the moment of reform which became a reliable legal basis concerning trade marks and promoted fast and significant development of economy of China. In reply to prompt development of economy and the introduction of China into the World Trading Organization, the government of China has reconsidered the Law on trade marks accordingly in 1993 and 2001, and last version fully complies with positions of the Agreement on trading aspects concerning rights to the intellectual property. After 20-ти years(summer) development of economy on the basis of the Law on trade marks, China has created the current legislation forming modern legal system, based on the Law on trade marks which differs the exhaustive maintenance(contents) and corresponds(meets) to the international norms.
According to statistics, in 2004 Management on commercial and industrial affairs in scales of the country considered(examined) 40171 infringement concerning trade marks, that on 51,66 % it is more, than in 2003, among them 5401 business concerned foreign trade marks, that on 158 % it is more, than in 2003. 96 has put and 82 affairs on suspicion were transferred(handed) to court for the criminal liability. Since January till June, 2005, recognizing that it was achieved for last year, Management on commercial and industrial affairs which in scales of the country conducted Special Campania on protection of the exclusive right to use of the registered trade mark, рассматривало18130 has put concerning infringements of rights and контрафакции from which 2451 business was connected to infringements concerning foreign trade marks. In comparison with the same period of the last year quantity(amount) of infringements concerning trade marks and also the quantity(amount) of infringements concerning foreign trade marks has increased on 13,4 % and 55,8 % accordingly. Such company has considerably lowered number of infringements and effectively protected rights and interests of owners of trade marks as inside the country, and abroad.
1. Kinds of trade marks, kinds of encroachments on trade marks (ТМ).
2. Advantages of registration ТМ in China.
3. Procedure of registration ТМ in China.
4. Protection of rights on ТМ in China in view of obligations of China as member ВТО.
5. Recommendations for registration and protection ТМ in China.
The list of appendices:
the APPENDIX 1
The list of the official bodies recording trade marks.
the APPENDIX 2
The form of the application for registration of the trade mark.
the APPENDIX 3
Dynamics(changes) of quantity(amount) of applications for registration of trade marks, renewal of registration of trade marks, objections against registration of trade marks, refusals in registration of trade marks.
the APPENDIX 4
The law on trade marks of the Chinese National Republic.
the APPENDIX 5
Positions on execution(performance) of the Law on trade marks of the Chinese National Republic.
the APPENDIX 6
The Madrid agreement on the international registration of marks.
the APPENDIX 7
The report to the Madrid agreement on the international registration of marks.
the APPENDIX 8
The Parisian convention on protection of the industrial property.