U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 86 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
requesting that a trademark be Taipei - marks in the light of international conventions.
considered a well-known mark and Writtend In line with the Provisions on the Determination
time-scaled involved; request for and Protection of Well-Known Marks, which
details of the latest status on its had come into force on 1 June 2003, the
revision of the "Rules on the municipal level administrative authorities for
Determination and Protection of Well- industry and commerce should, within 15
Known Marks." working days from the date of the acceptance
of the request of the interested party, report
and send all the documents to the provincial
administrative authorities for industry and
commerce, if the case satisfied the
requirements under Article 13 of the
Trademark Law. The provincial authorities
should, within 15 working days from the date of
acceptance of the request of the interested
party, report and send all the documents to
TMO. The TMO should make its determination
within six months from the date of the receipt of
the relevant documents. Although it had
received some domestic and foreign requests
for the determination of well-known marks, the
TMO had not yet determined well-know
trademarks under the new provisions.
Geographical indications (GI)
Changes contemplated in the Writtena The representative of China said that the
proposed civil code to IPR, including revision of the Chinese Civil Law was an
adoption of any additional measures important task for legislators. The ninth
to protect other forms of IPR, such as National Congress had enacted and revised a
geographical indications. draft code. Due to the rapid social and
economic development in China, it was
necessary to regulate and rewrite some
contents of that draft. China needed to do
further research and investigation on this
Number of certification or collective Writtena To date, the TMO had received 260 GI
marks for geographical indications applications for the registration of certificate
granted by the CTO. marks, 100 of which had been approved.
Standing that a certification mark Writtena The registrant of a certificate mark could file a
owner has to challenge for the complaint with the local authorities for industry
geographic term in the certification and commerce or might file a lawsuit at the
mark on related goods or products People's Court requesting to stop the
that do not come from the place for infringement. (Verbale)
which the mark is registered.
Use of trademarks or trade names Writtena
that identify the product as "like" or
"style of" or "imitation" in conjunction
with a registered geographical
Co-existence of pre-existing Writtena Every country might encounter the problem of
trademark with later established earlier registered trademarks and the GIs.
geographical indication under China's Article 16 of the Trademark Law was
Trademark Law that any trademark substantially in compliance with the exceptions
registered in "good faith" remains provided for in the TRIPS Agreement. China
valid notwithstanding that it includes a had acceded to the WTO on
geographic sign. 11 December 2001 and the latest amendment
of the Trademark Law had come into force on
1 December 2001. Those marks that had
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/m1/86/: accessed May 20, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.