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Trademark Law Of The People's Republic Of China
The system of trademark law in mainland China is administered by the China National Intellectual Property Administration CNIPA (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce ( SAIC). The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law. Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below). Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. By convention, the territories that fall outside of the Chinese mainland include: * Hong Kong, a quasi-dependent territory under PRC rule that is officially designated a " Special Administrative Region of the PRC" (formerly a British colony) * Macau, a quasi-dependent territory under PRC rule that is officially designated a "Special Administrative Region of the PRC" (formerly a Portuguese colony) * Territories ruled by the Republic of China (ROC, commonly referred to as Taiwan), including the island of Taiwan, the Penghu (Pescadores) islands in the Taiwan Strait, and the islands Kinmen, Matsu, and Wuqiu (Kinmen) offshore of Fujian. Overseas Chinese, especially Malaysian Chinese and Chinese Singaporeans, use this term to describe p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CNIPA
The China National Intellectual Property Administration (CNIPA; ), also known as the Chinese Patent Office, is the patent office of the People's Republic of China (PRC). It was founded in 1980 as the Patent Office of the People's Republic of China, before changing its name to "State Intellectual Property Office" (SIPO), then to "National Intellectual Property Administration", and then to "China National Intellectual Property Administration". It is responsible, in its own words, "for patent work and comprehensively coordination of the foreign related affairs in the field of intellectual property".http://www.sipo.gov.cn ''Responsibilities of the State Intellectual Property Office of the People's Republic of China (SIPO)'', 2002-04-27. Consulted on April 26, 2007. See also * Baidu Patents * Intellectual property in the People's Republic of China * First Sino-American Forum of Intellectual Property Rights References External links * * *''English search functions on the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Administration For Industry And Commerce
Prior to March 2018, the State Administration for Industry and Commerce (SAIC; ) was the authority in the People's Republic of China responsible for advancing legislation concerning the administration of industry and commerce in the People's Republic. On a local level, the organizations responsibilities roughly mimicked those of the secretaries of individual states in the United States as a registration and licensing authority. The last minister was Zhang Mao (). As part of China's 2018 government administration overhaul, the SAIC was merged into the newly created State Administration for Market Regulation. Administration The agency was organized into the following divisions: *General Office *Department of Law *Antimonopoly and Anti-unfair Competition Enforcement Bureau *Direct Selling Regulation Bureau *Consumer Protection Bureau *Department of Market Regulation *Regulation Department for Market Circulation of Food *Enterprise Registration Bureau *Bureau for Registration of Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Mark
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (with some legal standing) to use the service mark symbol ℠ (a superscript SM). Usage A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks. For example, a private carrier can paint its service mark on its vehicles, such as on planes or buses. Personal service providers can place their service marks on their delivery vehicles, such as on the trucks of plumbers or on moving vans. However, if the service deals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law In The People's Republic Of China
The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong and Macau, the two Special Administrative Regions, although required to observe the constitution and the basic laws and the power of the National People's Congress, are able to largely maintain their legal systems from colonial times. During the Maoist period (1949–1978), the government had a hostile attitude towards a formalized legal system, because Mao and the Chinese Communist Party (CCP) "saw the law as creating constraints upon their power." The l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chinese Law
Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following the Xinhai Revolution, the Republic of China adopted a largely Western-style legal code in the civil law tradition (specifically German- and Swiss-based). The establishment of the People's Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history have retained their influence. Chinese legal tradition The word for law in classical Chinese was ''fǎ'' (法). The Chinese character for ''fǎ'' denotes a meaning of "fair", "straight" and "just", derived from its water radical (氵). It als ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Trademark Law
The trademark, trade mark law of Hong Kong is based on the Trade Marks Ordinance Cap. 559, which came into force on 4 April 2003 and repealed the Trade Mark Ordinance Cap 43 passed in 1873. The system established by this legislation is entirely separate to the system used in the People's Republic of China, pursuant to the "One country two systems, one country-two systems" policy. The superseded law and the current law share many similarities with the relevant legislation in the United Kingdom, a similarity which is also facilitated by TRIPs. The new law introduced various substantive and procedural changes, such as expanding the legal definition of a trademark; including or broadening protection for certification marks, collective marks, and well-known trade marks; reducing the period of non-use for revocation purpose from five to three years; and simplifying and streamlining procedures for the registration of assignments, and "registrable transactions" such as licenses. Procedure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William P
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Law By Jurisdiction
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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