Under the worldwide financial environment, China is considered as a big market for every international corporation. When a brand wants to enter China, can its trademark be protected in the potential market? For instance, CarMan, a registered German trademark, is famous in Euro after using for several years. Now, CarMan is eager to enter China’s market, but there is a same trademark has been registered and used in the same goods as CarMan. The following part is trying to solve disputes arose from the situations like CarMan.
I. Trademark Law in China
A. Development of Trademark Law
After the founding of the People’s Republic of China, legislation of Trademark Law of People’s Republic of China (collectively “Trademark Law”) has gone through significant changes to reach the present framework. The regulations promulgated in 1963 amended the previous version, which linked trademark use with product quality control. The modern trade mark regime which has emerged in China began with the introduction of a new trademark law in 1982. This was the most comprehensive to date and served to accommodate many concerns of China’s new foreign investors. In 1993, the Trademark Law was amended.
The latest amendment happened in 2013 which added more strict judgment standard of bad faith registration and specific rules of the process to define well-known marks. This amendment will be effective in May.1 2014.
B. Statutory/code enacted to conform to Paris Convention
China provides special protection to well-known mark after becoming a member of Paris Convention in 1984. With respect to Paris Convention article 6bis, prohibiting to use and register other’s well-known mark, time period to do so and bad faith are taken into consideration. China’s st...
... middle of paper ...
...rMan, may have obtained great reputation around its fans in China. However, under current Trademark Law in China, it’s difficult for CarMan get special well-known marks’ protection. Because in the second factor of recognition
B. Distinctiveness
C. Prior day
D. Bad Faith
IV. Use before registration
Distinctiveness
The fundamental principle of China’s trademark protection laws is that trademark rights derived from use of unregistered marks are not generally recognized, and, on the whole, first to usage of a trade mark is irrelevant. Exclusive rights of trademark usage are granted to the first applicant for registration of a particular trademark. The only exception is where more than one application for the right to use identical, or similar, product is made on the same day. In such a case, the first to use the trademark will be given preliminary approval.
Discuss one significant obstacle each firm would face if they were to market their products in China. (Please note these obstacles may be different in each case.)
2.Omar Saleem. Establishment of a U.S. Federal Data Protection Agency to Define and Regulate Internet Privacy and its Impact in U.S.-China Relations: Marco Polo Where Are You? The John Marshall Journal of Computer & Information Law. The John Marshall Law School. Fall 2000 [2]
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are
Sheng, Shirley Ye, and Ma Yan. "China Vs. the United States: Market Connections and Trade Relations." International Journal of China Marketing 2.1 (2011): 45-57. ProQuest. Web. 8 Dec. 2013.
” Seeing the economic-development tactic that developing countries employ, it is in the developing countries’ best interests to stop them. Under vigorous lobbying by the United States and other developed countries, TRIPS, Trade-Related Aspects of Intellectual Property Rights, was negotiated in 1994. TRIPS Agreement covers copyright, related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, and undisclosed information (“Overview of TRIPS”). In order to be a member of the World Trade Organization, a country must agree to the TRIPS Agreement and provide protection to intellectual property in the above areas. The ratification of TRIPS Agreement impacted the present situation of Intellectual Property because this is the agreement that enforced Intellectual Property Protection worldwide with 164 members (“Membership”), and the debate between developing countries and developed countries could only have been prompted because of the global implementation of Intellectual Property Rights Protection. If Intellectual Property Rights were never globally protected by the TRIPS Agreement, developing countries would have continued with imitating and would never have argued
Landes also portrays the supposed innovative manner in which Europe dealt with Chinese inventions. Despite printing having already been invented in China, the ideographic form of block printing limited distribution of publication, sugge...
Other factors include communication infrastructure and availability of skilled workers. Most of the Asian countries are embracing new technologies that grow much knowledge of the diverse beverage drinks. Secondly, the demand conditions play a significant role in enhancing competitiveness for the firms. Both Coca cola and Pepsi are an Coca cola has always dominated the markets outside United States unlike Pepsi’s internationalization strategy that took too long.
Shirley Ye, Sheng, and Yan Ma. "China Vs. The United States: Market Connections And Trade Relations." International Journal Of China Marketing 2.1 (2011): 45-57. Business Source Complete. Web. 13 Dec. 2013.
Internationalization Phase, during this phase Chinese companies focused on ‘building brand, localization of products and services for new markets, and differentiation of products to support higher margins’ they did what was ‘good enough’ for the market (Teagarden & Cai, 2009:78). An important issue during this phase was to research and develop the products, and to keep the key talent of the company, such as managers and engineers.
Over the years, many companies such as scrabble, Tylenol, Channel, Louis Vuitton and even Polo Ralph Lauren (PRL) Corporation have had to fight to protect their intellectual property. By looking more specifically into Polo Ralph Lauren, a fashion company that offers a range of products from clothing to home furnishings, this paper will explore trademark laws and how these laws could be advantageous one hand and limit one group and limit business abilities on another.
Reporting.... ... middle of paper ... ... Nonetheless, a change in law needs to be brought before the relevant court.
Regardless of the success of your company on a national scale, to engage yourself in a successful venture outside of your borders requires several critical elements that one must acknowledge and apply with great care. One of those requirements would be to thoroughly research the cultural environment in which you wish to launch your product no matter how popular and indispensable you believe it might be. In the past, many national giants have hit the wall when introducing a foreign market or launching a new marketing campaign because of the cultural gap they encountered on the other side of their borders. Another way of preventing a flop on an international market is to carefully study the economical past of this country, which might differ quite a bit from the one the company flourished in. In addition to the previous precautions, it Would be advise to make sure that your product will blend seamlessly within the spending habits of the consumers. Overall, meticulous market studies and patience often constitute the way to success on a foreign soil.
Interests: The sooner it could distance itself from its American roots by adopting “.cn” domain, the sooner it becomes a member of “in-group” in Chinese cul...
Intellectual property laws, principles and best practices can vary tremendously from nation to nation and are subject to almost constant change, particularly in the rapidly developing Asian market. In order to be distinctive and successful, therefore, it’s imperative that the company’s strategy has been specifically tailored to the Asian market based on environmental analysis.