USEUROPEAFRICAASIA 中文雙語Fran?ais
    China
    Home / China / National affairs

    Trademark protections needed, judge says

    By CAO YIN | chinadaily.com.cn | Updated: 2017-04-25 05:06

    Courts should fully protect brands — domestic and foreign — by cracking down on those who register trademarks with "malicious intent", a senior judge said on Monday.

    Song Xiaoming, head of the Supreme People's Court's Intellectual Property Tribunal, said the practice by some individuals and companies to register popular names, such as those of celebrities, as trademarks has disrupted the system and eroded trust.

    "What the registrants want is to gain profit by transferring the registered trademarks at a high price or to ask for a big compensation through lawsuits," he said in an exclusive interview ahead of World Intellectual Property Day on Wednesday.

    "We must say ‘no' for those who rush registration for trademarks with bad intention, as honesty and credibility have always been the principles when we handle trademark cases."

    Trademark protections needed, judge says

    Last year, lower courts — district and intermediate — concluded 1,667 civil IP cases and 2,078 administrative IP cases involving foreigners, up from 1,429 civil and 1,127 administrative cases in 2012, according to data released by the Supreme People's Court.

    Song said the foreign-related proportion has always stayed high in administrative cases, "and the top concern among foreigners is the malicious trademark registration".

    To combat malicious registrations, a guideline issued by the top court and effective on March 1 has made priorities of the principles of honesty and credibility in trademark registrations.

    Meanwhile, under the Trademark Law revised in 2013, people who find someone rush registration to their trademarks can request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to declare them invalid within five years from the date of the registration.

    "However, this time limit doesn't apply to well-known brands," and they can file a lawsuit at any time, Song said.

    In addition, the top court also clarifies rules against the malicious registration by opening its door to hear foreign-related IP disputes, he said, taking a case involving US basketball superstar Michael Jordan as an example.

    In April 2016, a series of administrative cases involving Jordan, Chinese company Qiaodan Sports and the Trademark Review and Adjudication Board was publicly heard at the top court.

    All documents during the trials, controversies in the cases as well as the final results were open to the public, according to Song.

    "Our aim is to help people know how Chinese courts tackle cases of malicious trademarks in a transparent or visible way," Song said. "No matter where IP-rights owners are from, the equal protection is a must."

    Legal experts applauded the courts' increasing strength against malicious registrations, but said the problem should be solved by joint efforts.

    Liu Xiaochun, a legal researcher at China Youth University of Political Studies, said the malicious trademark issue points to a loose examination at the time of registrations, suggesting the government build a blacklist to better monitor trademark applications.

    Du Ying, a law professor at Central University of Finance and Economics, echoed Liu, saying closer cooperation should be increased between governmental departments and e-commerce platforms, as online trade has boomed.

    Editor's picks
    Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
    License for publishing multimedia online 0108263

    Registration Number: 130349
    FOLLOW US
     
    日韩av无码久久精品免费| 亚洲熟妇无码八V在线播放| 亚洲AV蜜桃永久无码精品| 区三区激情福利综合中文字幕在线一区| 久久综合精品国产二区无码| 亚洲国产中文字幕在线观看| 天堂在线最新版资源www中文| 色窝窝无码一区二区三区成人网站| 五月天中文字幕mv在线女婷婷五月| 亚洲av无码不卡私人影院| 日韩精品无码一区二区中文字幕| 内射人妻少妇无码一本一道 | 色综合久久久久无码专区| 亚洲中文字幕视频国产| 精品人妻va出轨中文字幕| 中文国产成人精品久久亚洲精品AⅤ无码精品 | 日韩丰满少妇无码内射| 久久久久亚洲AV无码观看| 一区二区中文字幕| 天堂√最新版中文在线| 一区二区三区无码高清视频| 亚洲AV无码一区二区大桥未久| 国产成人亚洲综合无码精品| 免费无码成人AV在线播放不卡| 亚洲精品中文字幕无码蜜桃| 无码人妻AV一二区二区三区| 欧美日韩中文字幕在线| 午夜不卡无码中文字幕影院| 中文最新版地址在线| 久久人妻AV中文字幕| 日韩成人无码中文字幕| 中文无码一区二区不卡αv| 黄桃AV无码免费一区二区三区| 蜜芽亚洲av无码精品色午夜| 十八禁无码免费网站| 无码国产福利av私拍| 麻豆亚洲AV永久无码精品久久| 无码国内精品人妻少妇蜜桃视频| 亚洲av永久无码精品国产精品| 久久久无码精品亚洲日韩蜜臀浪潮| 无码任你躁久久久久久老妇App|