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This book provides a comprehensive review of Chinese trademark law, policy and practice with the updated materials since the reform of Chinese trademark law in 2019. It provides a clear explanation and insightful opinions on Chinese law from a comparative and international law perspective. It draws on the author's 16 years of experience in teaching, researching and practicing trademark law as a scholar in a prestigious Chinese law school and as an expert consultant to the Trademark Office, courts and companies. The book analyses trademark registration (conditions and procedures) and protection (scope of rights and enforcement procedures) with theoretical criticism and practical advice. On trademark registration, it has paid special attention to two prominent issues of interest to researchers and practitioners: problems in trademark registration due to the Chinese Trademark Office's strict examination of distinctiveness, public order and morality, and the risk of conflict with earlier trademarks, and difficulties in combating trademark squatting. On trademark protection, it has presented the constant and productive reforms of the Chinese trademark law, which strengthen the sanction of trademark infringement and the policies that motivate judges to significantly increase damages to trademark owners. The book has also described the characteristics of the Chinese administrative and judicial systems, where applicable, in which trademark law is applied. Overall, the book provides a clear and efficient way for researchers and practitioners to gain a comprehensive and in-depth understanding of Chinese trademark law and practice.
Sommario
Chapter 1 Introduction.- Chapter 2 Conditions of Trademark Registration.- Chapter 3 Procedures of Registration and Maintenance of Trademark.- Chapter 4 Determination of Trademark Infringement.- Chapter 5 Sanction of Trademark Infringement.- Chapter 6 Conclusion.
Info autore
Shujie Feng is an Associate Professor at the Law School of Tsinghua University. He received his Ph.D. from the University Paris I - Pantheon Sorbonne, LLM from Renmin University of China and LLB from Shandong University. He has 16 years of experience in teaching, researching and advising on trademark law. He is the author of a textbook on trademark law and a book on the application of the TRIPS Agreement in China. He has published more than 50 articles on intellectual property law in English, Chinese and French. He is an expert member of the Board of Directors of the China Trademark Association, a researcher of the Center for Administrative Case Supervision of the Beijing People's Procuratorate, a former Vice President of the Beijing Intellectual Property Judicial Protection Association and a former co-chairman of the Trademark & Unfair Competition Law Committee of the IP Case Law Center (Beijing) of the Supreme People's Court of China. He provides expertise to courts, trademark office and firms on trademark law reform, regulation and trademark dispute resolution.
Riassunto
This book provides a comprehensive review of Chinese trademark law, policy and practice with the updated materials since the reform of Chinese trademark law in 2019. It provides a clear explanation and insightful opinions on Chinese law from a comparative and international law perspective. It draws on the author's 16 years of experience in teaching, researching and practicing trademark law as a scholar in a prestigious Chinese law school and as an expert consultant to the Trademark Office, courts and companies. The book analyses trademark registration (conditions and procedures) and protection (scope of rights and enforcement procedures) with theoretical criticism and practical advice. On trademark registration, it has paid special attention to two prominent issues of interest to researchers and practitioners: problems in trademark registration due to the Chinese Trademark Office's strict examination of distinctiveness, public order and morality, and the risk of conflict with earlier trademarks, and difficulties in combating trademark squatting. On trademark protection, it has presented the constant and productive reforms of the Chinese trademark law, which strengthen the sanction of trademark infringement and the policies that motivate judges to significantly increase damages to trademark owners. The book has also described the characteristics of the Chinese administrative and judicial systems, where applicable, in which trademark law is applied. Overall, the book provides a clear and efficient way for researchers and practitioners to gain a comprehensive and in-depth understanding of Chinese trademark law and practice.
