Well-Known Trademark Protection in the People's Republic of China - Evolution of the System
![handle is hein.journals/frdint26 and id is 277 raw text is: WELL-KNOWN TRADEMARK PROTECTION
IN THE PEOPLE'S REPUBLIC OF CHINA -
EVOLUTION OF THE SYSTEM
Edward Eugene Lehman
Camilla Ojansivu
Stan Abrams*
INTRODUCTION
Protection of intellectual property is an integral part of
China's economic reform policy. It paves the way for faster de-
velopment of science, technology, and culture and creates a
stronger basis for the Chinese market economy.' With the rapid
development of China's economy, culminating in China's entry
into the World Trade Organization (WTO), and the pressure
put to bear from multinational corporations and the govern-
ments of developed countries, the Chinese government has be-
come aware that protection of well-known trademarks pursuant
to the standards of the Agreement on Trade-Related Aspects of
Intellectual Property Rights of the WTO (TRIPS or TRIPS
Agreement or Agreement)2 must be an integral part of
China's trademark laws. It was not until 1993, however, that the
protection of well-known trademarks was integrated into a legal
document, the Implementing Regulations of the People's Re-
public of China Trademark Law (Implementing Regulations).'
* Edward Eugene Lehman is the managing director of Lehman, Lee & Xu in Beij-
ing. Camilla Ojansivu and Stan Abrams are both attorneys with Lehman, Lee & Xu.
The firm specializes in Chinese intellectual property law and foreign investment. Over
ten years ago, Lehman, Lee & Xu was one of the first private law firms to be established
in China. The International Law & Practice Group at Lehman, Lee & Xu provides a
full range of legal services and employs both Chinese and foreign lawyers educated in
China and abroad.
1. The State Council of the People's Republic of China, Decision of the State Council
on Further Strengthening the Protection of Intellectual Property (July 5, 1994), available at
http: //www.isinolaw. com/jsp/law/LAWArticles.jsp?CatID=285&LangID=O&Statutes
ID=133651 &ChapterID=-1.
2. Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15,
1994, Marrakesh Agreement Establishing the World Trade Organization; Annex 1C,
LEGAL INSTRUMENTS - RESULTS OF THE URUGUAY ROUND vol. 31, 33 I.L.M. 1197 (1994)
[hereinafter TRIPS].
3. Implementing Regulations for the Trademark Law of the People's Republic of
China (2002) [hereinafter Implementing Regulations], available at http://www.isino
257](ViewImageLocal?handle=hein.journals/frdint26&div=21&collection=&method=preview&ext=.png&size=3)
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Well-Known Trademark Protection in the People's Republic of China - Evolution of the System
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