Well-Known Trademark Protection in The People\u27s Republic of China — Evolution of the System

Protection of intellectual property is an integral part of China\u27s economic reform policy. It paves the way for faster development of science, technology, and culture and creates a stronger basis for the Chinese market economy. With the rapid development of China\u27s economy, culminating in China\u27s entry into the World Trade Organization (“WTO”), and the pressure put to bear from multinational corporations and the governments of developed countries, the Chinese government has become 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”) must be an integral part of China\u27s 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\u27s Republic of China Trademark Law (“Implementing Regulations”). The issue has gained importance with the expansion of China\u27s international trade. This Article focuses on the People\u27s Republic of China (“PRC”) Trademark Law and the provisions concerning the protection of well-known marks. The Article is divided into three parts: regulation of well-known trademarks in China prior to its WTO accession; the current protection granted to well-known marks as of the recent amendments to the Trademark Law and its Implementing Regulations; and the considerations involved when defining what constitutes a well-known trademark, presented in the international context