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The Third Revision of Chinese Trademark Law – Analysis and Comment

  • Weijun Zhang
  • Lizhou Wei
  • Yanbing Li
Article

Abstract

As of May 1, 2014, China’s new Trademark Law, together with its newly adopted implementing Regulations, has officially taken effect. This Law, as the third amendment of Chinese Trademark Law, contains substantial revisions, especially with respect to subject matter, registration procedure, bad faith application, enforcement, etc. Based on primary sources of Chinese legislation and practice, this paper intends to present a comprehensive view of the new Trademark Law.

Keywords

Trademark registration Opposition Infringement Enforcement Damages 

Notes

Acknowledgments

The authors are grateful to Professor Annette Kur for providing most of the updated information regarding the EU jurisprudence and her valuable comments on the original manuscript.

References

  1. Feng S (2013) How are unregistered trademarks protected in China? IIC 44:815Google Scholar
  2. Kur A, Dreier T (2013) European Intellectual Property Law—Text, Cases and Materials. Edward Elgar, CheltenhamGoogle Scholar
  3. Liu K-C, Tao X, Wang E (2009) The use and misuse of well-known marks listings. IIC 40:685Google Scholar

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2014

Authors and Affiliations

  1. 1.ShanghaiChina
  2. 2.MunichGermany
  3. 3.FreiburgGermany

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