China Trademark Report (Volume 4)

Author: Cao Zhongqiang Huang Hui
Publisher:
Publish Date: 2005-03-01
Features: This report, released every six months, aims to provide a concise overview of current trademark trends both domestically and internationally, enabling future reference to existing regulations, judgments, and the like. As a record of such an overview, in China, it is rare to find attention given to such efforts not only in the field of intellectual property but also in most other legal areas. However, such records are indeed indispensable for practitioners and researchers both in China and abroad. In this report, regulations are; judgments are or . It is hoped that over the years or in the future, people will find this report truly useful. — Zheng Chengsi
This volume primarily includes developments in the trademark field during the first half of 2004, with some exceptions in individual cases and regulations.
[Official Documents] includes a series of laws, regulations, and normative documents affecting trademark protection: the Constitutional Amendment to the Constitution of the People’s Republic of China, passed by the National People’s Congress in March, particularly emphasizes the inviolability of citizens’ legitimate private property and the principle that the state shall protect the private property rights and inheritance rights of companies in accordance with the law.
[Typical Cases] first includes the second judgments of five cases: automotive radiator grilles, Heineken, Thirteen-Spice, Biyaofang, and Wife’s Friend. The first two cases involve the determination of evidence not submitted during the review process, while the latter two concern the validity of licensing contracts.
[Operational Guidelines] features a special article by Director An Qinghu of the Trademark Bureau on well-known trademarks, which comprehensively reviews the progress of well-known trademark protection and analyzes the new dynamics in its protection after the introduction of the new trademark law.
[Global Dynamics] introduces the signing of an intellectual property protection agreement between China and Italy, as well as Japan’s efforts to strengthen the construction of its intellectual property courts.
[Important Archives] organizes and collects a batch of well-known trademarks recognized or confirmed by the Trademark Bureau in opposition and case protection procedures, the Commercial Administrative Review Commission in review procedures, and courts in judicial protection since the promulgation of the new Trademark Law for easy reference.
[Bibliography of Academic Works] should ideally include both academic and practical works, but the previous three volumes had only practical works, featuring articles from newspapers and magazines. This time, we have compiled and summarized publications on trademarks and intellectual property since 2001, including academic works, practical guides, regulations, and series, to complete the format.