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CHINA / TRADE MARKS - COPYRIGHT / WTO -TRIPS

European Intellectual Property Review, Vol 24 No 6, June 2002

Looking into the Revision of the Trade Mark and Copyright Laws

Zheng Chengsi

As in the previous digest, [20067] the present article is concerned with the situation in China, following accession to the World Trade Organisation. It is primarily concerned with trade marks and, in an Appendix, sets out the full text of the trade mark law in the form in which it was amended and adopted in October, 2001. The author's comments are principally directed at some of the specific amendments designed to comply with the TRIPS Agreement. He notes in particular the recognition, previously unknown under China's intellectual property laws, of the protection of geographical indications: his observations reflect only too well some of the peculiarities of this field of law (appellations of origin, indications of source, certification marks and so on). He also refers to the added protection of well-known marks, extended by the TRIPS Agreement from goods to services and from identical or similar goods or services to non-identical or dissimilar goods or services. He draws attention to the provisions dealing with prior rights; to procedural amendments; to the express addition of "natural persons" to the list of those who may own trade mark rights; and to the provisions on use. Equally, he draws attention to some of the matters not covered by the amendments and not necessarily required by the TRIPS Agreement, such as "reverse counterfeiting" and the relationship between trade marks and domain names. On the subject of the Internet, the author commends, in his much briefer outline of the copyright law amendments, the inclusion of a reference to Internet communication. [20068]