The enforcement of trademark rights in the People's Republic of China.

摘要

Trademark counterfeiting is one of the most serious problems ever encountered in China. The Chinese government, recognizing the adverse effects that counterfeiting has had on both foreign investment and the nation's economy, has begun to take steps to protect intellectual property rights. To this end, the nation amended its Trademark Law on 27 October 2001. The aims of the amendment are to improve management of trademarks, to strengthen punishment for infringements, and to further meet the requirements of the TRIPs. Although the new amendment is laudable, eliminating the problem will take time.; This thesis offers an overview of trademark enforcement in China, beginning with a historical review of China's trademark law before moving on to examine the original version of current trademark legislation, the 1982 Trademark Law. The entry into force of the WTO placed tremendous pressure on China to meet international standards, resulting in the 2001 amendment and the protection it affords to well-known trademarks, as is discussed next. Finally, an examination of the enforcement of the trademark law in China, including the status of counterfeiting, the enforcement system, and the difficulties associated with enforcing trademark rights, is undertaken. The thesis concludes that the Chinese government has made remarkable progress in its quest to combat trademark counterfeiting and that the problem will gradually be overcome as the nation continues to develop its economy and enhance its legal system.