| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === Abstract
A trademark is to guarantee recognition of our own business within the production, manufacture, processing, and distribution. In addition to patterns, that is sufficient to enable consumers to easily distinguish. China and Taiwan have joined World Trade Organization (WTO) and accepted an examination of membership regulations. In order to fulfill TRIPS that related to protected obligations, the trademarks of the purposes of section 72 was amended to update the certificate of origin mark on November 28, 2003 after Taiwan accessed to WTO.
Although mainland China is the world's largest Chinese market and mainland China also shares the same history, culture and language of the origin with Taiwan, both of which have been TRIPS as a blueprint for amendments to the Trademark Law and Trademark Law Enforcement Ordinance. Since China and Taiwan have governed cross-over 50 years, the lifestyle of people living both countries has facing the most immediate problem, counterfeiting, and trademark infringement, and it is the biggest barrier of development. Due to the background and policy differences, it eventually leads to the difference of legislations. This article gives readers a holistic outline of cross-strait trademarks regime by comparing several general directions.
“Ikega Rice” is the earliest pattern to apply the certification pattern protector with the nature of geographical indications in Taiwan. The first case of geographical indications and trademark disputation is "Jinhua Ham". Due to geographical indications and trademarks divided equally by the Intermediate People's Court accepted the case and resolved, that is very typical and representative. Therefore, the handling of the case has geographical indications and proactive meaning.
The author believes that food manufactures, not only have to control the quality of food strictly, but also have to pay more attention on origin labeling and trademark infringement. For example, if the “Origin” can be registered as pattern or trademark? Intellectual property rights are belonging to territorial protection principle. Whether or not a trademark should be protected especially trademark recognition, the legitimacy of trademark protection, violation of public order and good morals, or well-known trademark identification. Author also believes not only considering objective-specific evidence but also considering local laws, customs, habits, culture, consumer awareness and other factors appropriately in order to determine it.
This thesis wants to clarify the standard of mainland China and Taiwan that are similar and well-defined Gis by organizing related trademark infringement cases between mainland China and Taiwan. This will be a key and very important part to promote the development of cross-strait trade and raise revenue of citizens.
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