4 Trademarks and Related Rights in China

Subject(s):

Monopoly — Trade marks — Jurisdictions

This chapter illustrates that the use of trade mark is an outcome of commodity economy. There was no trade mark law that originated within ancient China. The modern trade mark registration regime in China was introduced in 1904, at the end of the Qing Dynasty, to meet the requirements imposed by foreign countries. The current Trade Mark Law (TML) in China was passed in 1982 and went into force in 1983 under the background of the reform and opening policy. The latest amendment of TML was made in 2013 to cater for the enforcement of the National Intellectual Property Strategy, and the new law had come into force on 1 April 2014. It was deemed as an initiative update of the current rules compared to the former amendments.