Chinese government has adopted a series of effective measures to step up investigation and punishment of infringement cases and expand the scope of protection of well-known trademarks.
Enhanced investigation and punishment
In accordance with relevant provisions of the Trademark Law protection of trademarks in China adopts dual-track system, that is, both the law enforcement departments and the industry and commerce administrative departments have the right to handle trademark infringement cases.
Meanwhile China has formed local trademark infringement case collaboration networks such as those in the Huaihai economic zone, the northern twelve provinces and cities, northeast three provinces, east China three provinces and one city.
China has launched a one-year special campaign centered on intellectual property rights starting from September, 2004.
In 2004 a total of 5,401 foreign-related trademark infringement cases were investigated and punished, increasing by nearly 160 percent over the 2,092 cases in 2003.
Moreover, strengthening legal protection shows the determination of the Chinese government to protect well-known foreign trademarks.
The Supreme People's Court has issued 25 legal explanations and legal explanation documents since 2000, which form a relatively complete IPR legal protection system. In December 2004 the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate Concerning Some Issues on the Specific Application of Law for Handling Criminal Cases of Infringement upon Intellectual Property Rights.
In 2003 Chinese courts at various levels adjudicated a total of 9,271 IPR cases covering all the areas covered by the WTO IPR agreements relating to trade. From 2000 to 2004 Chinese procuratorial departments brought more than 1,500 cases to the court in accordance with the law, which related to more than 2,400 persons.
Expanded protection scope
As a member of the Paris Convention for the Protection of Industrial Property China actively assume the responsibility of protecting well-known foreign trademarks. As to those trademarks which have not applied for registration in China they can seek protection once they have been recognized by the trademark departments as well-known brands. In another word, plagiarism and preemption applications will be turned down and unauthorized use of well-known trademarks are also banned.
Well-known trademarks are the only brand marks protected worldwide by international laws. China began to protect well-known trademarks in 1985. In 2004 China recognized 28 well-known foreign trademarks according to the law.
China also for the first time protected foreign-related trademarks in the form of issuing public notices.
The
Beijing Administration of Industry and Commerce recently issued the No.2 public notice, which involves 23 registered trademarks of 13 well-known companies in seven countries including the United States, Germany, France, Britain, Italy, Switzerland and Holland. These trademarks are mainly used on consumer goods such as cosmetics, garment and accessories, leather products and wristwatch. The notice requires all garment markets and markets of small commodities to refrain from selling, effective as of the date of announcement. In July, 2004 the BAIC issued the No.1 notice, which involves 25 well-known trademarks of four companies in three countries including France, Britain and Luxemburg.
At the request of parties concerned the
Shanghai Administration of Industry and Commerce has issued a public notice in October 2004 to carry out emphasized protection of 40 well-known trademarks of 10 companies in six countries including France, Holland, Switzerland, Luxemburg, Britain and Germany.
