Protection of trademark rights in Mainland China and legal system of disputes over infringement

• Main Authors: Lin,Luen-Guang, 林倫光
• Other Authors: Wu,Wei-Chih
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/47h5ke

碩士 === 國立雲林科技大學 === 科技法律研究所 === 106 === Since China’s 12th Five-Year Plan (2011-2015) passed by the fifth plenary session of the 17th Central Committee of the Communist Party of China (referred to as 12th Five-Year Plan), with the high development of economy, the CPC is also committed to the protection of intellectual property rights, and the work report of the 18th CPC National Congress clearly emphasizes the implementation of the IPRs strategy. The first plenary session of the 19th Central Committee of the Communist Party of China (referred to as the 19th CPC National Congress)was held on October 2017. Xi Jinping, General Secretary of the CPC Central Committee, delivered a nearly three-and-a-half-hour work report on “Secure a Decisive Victory in Building a Moderately Prosperous Society in All Respects and Strive for the Great Success of Socialism with Chinese Characteristics for a New Era”, in which “Thought on Socialism with Chinese Characteristics for a New Era” is written into the Party Constitution for the first time along with “Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, the Theory of Three Represents and the Scientific Outlook on Development” as its guiding ideologies, and the Party continues to push ahead with “anti-corruption, deepening reform, advancing the rule of law and strictly governing the Party”. In view of the increasingly frequent economic and trade exchanges between the two sides of the Taiwan Strait, the protection of intellectual property rights of Taiwan businessmen in mainland China is becoming more and more important. At the Fifth Chen-Chiang summit on June 29, 2010, the Straits Exchange Foundation and the Association for Relations Across the Taiwan Straits signed the “Cross-Straits Economic Cooperation Framework Agreement” (ECFA) and the “Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation” in order to safeguard the intellectual property rights of Taiwanese people applying for patents and trademarks, etc. in the mainland and to provide a quick gateway to relief for solving the infringement of related rights. This article will discuss the legal system of trademark protection in mainland China, and the gateway under the current system to dealing with the cross-straits trademark infringement disputes and encountered problems, and finally review the implementation effect of the “trademark coordination and handling mechanism” under the Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation to see whether Cross-Straits trademark infringement disputes can be effectively resolved by taking actual cases of trademark infringement disputes in mainland China － well-known trademarks and trademark protection as the object of study, and suggestions will be offered. Keywords: Cross-Straits legal system trademark, well-known trademark, intellectual property, intellectual property right, trademark protection, trademark infringement, settlement of disputes, coordination and handling mechanism, Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation, Cross-Strait Service Trade Agreement, and ECFA.