The system of trademark law in
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. ...
is administered by the China National Intellectual Property Administration
CNIPA (with an appeal function administered by the
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 othe ...
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 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. ...
s are protected in the PRC: there is no
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 omnipres ...
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, the length of use of the trademark, the amount of publicity given to the mark in China, and the history of the mark).
Trademark piracy is a rampant problem for trademark owners in China, despite the highly effective and speedy administrative raid procedure available to trademark owners under the auspices of the State Administration for Industries and Commerce.
See also
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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, cop ...
*
Law in the People's Republic of China
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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 h ...
*
Hong Kong trademark law
Further reading
*
Alford, William P.br>
''To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization'' Stanford, Calif. : Stanford University Press, 1995.
* Paul Kossof, "''Chinese Trademark Law: The New Chinese Trademark Law of 2014''," (Carolina Academic Press, Durham, North Carolina 2014). .
* Paul Kossof, ''Mini-Series on Chinese Trademark Law: Welcome to The New Chinese Trademark Law of 2014'', available at http://www.asialawportal.com/2014/03/29/mini-series-on-chinese-trademark-law-welcome-to-the-new-chinese-trademark-law-of-2014/
External links
State Administration for Industry and Commerce (SAIC)
Trademark law by jurisdiction
People's Republic of China intellectual property law
{{Trademark law
China Trademark Law