(DOWNLOAD) "Protecting Trademark Rights in China Through Litigation." by Stanford Journal of International Law * eBook PDF Kindle ePub Free
eBook details
- Title: Protecting Trademark Rights in China Through Litigation.
- Author : Stanford Journal of International Law
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 266 KB
Description
This note examines the potential of trademark right enforcement through commercial litigation in the People's Republic of China ("China "). The note first summarizes the current state of trademark law in China. It then illustrates, through an analysis of a number of recent suits filed by foreign companies against local infringers, the jurisprudential approach taken by Chinese courts in applying trademark law. Drawing on the above discussion and contrasting the Chinese jurisprudential approach with American courts' application of trademark law, the note concludes with practical proposals for foreign companies to adapt their trademark enforcement strategies to the legal conditions in China. The People's Republic of China ("China") has long been known for the rampant trademark infringement that takes place within its borders. (1) As China increasingly establishes itself as one of the largest economies and one of the biggest and most important markets, however, foreign entities hoping to protect their trademarks within China must adopt specialized strategies to meet the challenges presented by the Chinese system and by the market. This note begins by examining the structure of trademark law in China and drawing comparisons to American law. It then examines the law as applied by the Chinese courts in several trademark infringement disputes between foreign entities and local infringers, and recommends trademark enforcement and protection strategies for foreign entities operating in the Chinese market.