Protection of intellectual property is an integral part of China's economic reform policy. It paves the way for faster development of science, technology, and culture and creates a stronger basis for the Chinese market economy. With the rapid development of China's economy, culminating in China's entry into the World Trade Organization (“WTO”), and the pressure put to bear from multinational corporations and the governments of developed countries, the Chinese government has become aware that protection of well-known trademarks pursuant to the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the WTO (“TRIPS” or “TRIPS Agreement” or “Agreement”) must be an integral part of China's trademark laws. It was not until 1993, however, that the protection of well-known trademarks was integrated into a legal document, the Implementing Regulations of the People's Republic of China Trademark Law (“Implementing Regulations”). The issue has gained importance with the expansion of China's international trade. This Article focuses on the People's Republic of China (“PRC”) Trademark Law and the provisions concerning the protection of well-known marks. The Article is divided into three parts: regulation of well-known trademarks in China prior to its WTO accession; the current protection granted to well-known marks as of the recent amendments to the Trademark Law and its Implementing Regulations; and the considerations involved when defining what constitutes a well-known trademark, presented in the international context.
Edward Eugene Lehman, Camilla Ojansivu, and Stan Abrams,
Well-Known Trademark Protection in The People's Republic of China — Evolution of the System,
26 Fordham Int'l L.J. 257
Available at: http://ir.lawnet.fordham.edu/ilj/vol26/iss2/3