Chinese Trademark Law from the Perspective of International Treaties

his 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.

table of content

Introduction

Absolute Grounds for Refusal of Registration

Relative Grounds for Refusal of Registration

Trademark Application and Examination Procedure

Opposition, Invalidation and Cancellation Procedures

Determination of Trademark Infringement

Trademark Infringement Defences

Civil Litigation and Administrative Enforcement

Customs Recordation and Enforcement

Criminal Liability for Trademark Counterfeiting

Online Enforcement with E-Commerce Platforms

General Conclusion