U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 85 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
Supreme People's Procuratorate and
Supreme People's Court as a result of
the amendments to the Trademark
Law or the new well-known (WK)
Mark Rules; intention for agencies to
rely upon determinations by Chinese
Trademark Office for enforcement
Civil, criminal or administrative Writtena Transliteration or translation was one of the
procedures and standards are in standards to determine the identity or
place to protect against companies similarity. Thus, such applications could be
that unfairly apply for the trademark of refused during the trademark examination.
another company, or use such a Moreover, interested parties could file the
trademark, by translating the foreign request to the trademark review and arbitration
mark into Chinese or transliteration of bureau through the opposition or dispute
its sounds. procedure. (Verbale)
Procedures to cancel trademarks Writtena Article 15 of the Trademark Law provided that
applied for by agents or distributors where the agent or representative of the owner
without authorization of their principal. of a mark applied for the registration in his own
Current information regarding Writtena name without the owner's authorization and the
trademark pendency at the CTO as owner opposed the registration, the application
well as the Trademark Review and should be refused and the use should be
Adjudication Board. prohibited. This problem could be solved
through the opposition or dispute procedure.
The interested party could file an application
with the TMO or the Trademark Review and
Arbitration Bureau (TRAB). By the end of
September 2003, the number of pending cases
in the TRAB was 31,924. The number of
pending opposition cases at the TMO was
16,386. The pending new applications for
registration at the TMO were 380,000.
Information on whether foreign Writtena No government approval of the terms of a
licensors and/or assignees of license or assignment was required. However,
trademarks are required to record a trademark license must be reported to the
their assignments or licenses of TMO for the record, regardless of whether the
trademarks; whether such recordation trademark owners were Chinese or foreign.
requires government approval of the The recording was not required for an
terms, registration of the complete assignment contract. As for the effect of the
text or only its significant terms, and recording of a license contract, although there
precedence over separately was no express provision in the Trademark
negotiated contract or agreement. Law, the judicial interpretation provided that,
where the trademark license contract was not
recorded at the TMO, it should not affect its
effect, unless otherwise agreed between the
interested parties, but an unrecorded license
contract should not resist a third party with
good faith. In addition, the Trademark Law
provided that the assignment of a registered
trademark should be published after it was
approved. The assignee should enjoy the
exclusive right to use the mark from the date of
the publication. (Verbale)
Provisions on right of priority added to Chinese
"Trademark Law" and "Patent Law" Taipei -
are carried out on most-favored- Writtend
nation basis to all WTO members.
Definition of specific procedure for Chinese China had been protecting foreign well-know
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/85/: accessed May 21, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.