China Trademark Report · Volume 5

Author: Cao Zhongqiang
Publisher:
Publish Date: 2006-01-01
Features: This "report," which appears every six months, aims to provide a comprehensive overview of current trademark trends domestically and internationally, allowing for future reference to existing regulations, judgments, and the like. As a record of "comprehensive reviews and queries," such documentation is rare in the field of intellectual property and in most other legal areas in China. However, such records are indeed indispensable for domestic and international practitioners and researchers. In this report, regulations are (strive for completeness), while judgments are (strive for typicality or greater impact). It is hoped that over the years, people will find this report truly useful. — Zheng Chengsi
This volume primarily collects regulations, cases, and articles from the second half of 2004 in the field of trademarks. Some judgments concluded in 2005 are included for early access, alongside first-instance judgments, to allow readers to preview them. The content of the [Official Documents] section in this volume is quite extensive. In terms of [Typical Cases], this volume includes 19 judgments. The issue of evidence in administrative litigation has always been a hot topic of concern, and for this volume, we have specially commissioned an exclusive article by Comrade Kong Xiangjun of the Supreme People's Court for the [Operational Guidelines] section.
Regarding [Global Dynamics], it mainly involves legislation and typical cases. The World Intellectual Property Organization has decided to convene a diplomatic conference to revise the Treaty on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The Court of Justice of the European Union has implemented reforms in the Court of First Instance. The European Court of Justice has issued a series of important judgments on the protection of names, trade names, and well-known trademarks. Italy and the United States have respectively enacted the Code of Industrial Property and the Online False Identity Punishment Act. The U.S. Supreme Court has supported the fair use of trademarks in the case of "Microcolor."
In the [Important Archives] section, we have included a report on a visit to Europe by the Trademark Review Commission and the minutes of an expert meeting for reference. The new council list of the China Trademark Association, following the re-election, has also been included as an archival document.
The [Author and Article Index] reflects the research focus of the second half of 2004, encompassing both authorship and articles.