Elgar Intellectual Property and Global Development series
Edited by Nari Lee, Niklas Bruun and Mingde Li
Chapter 8: Parallel trademark law reforms in China and Europe – an informal convergence?
Trademark laws in China and Europe are currently going through major reforms. This chapter documents the current parallel trademark law reforms in China and the EU. The reforms are substantive as well as procedural; including broad institutional reforms on the institutional governance of OHIM in the EU, as well as procedural efficiencies for the Trademark Office (TMO) and the Trademark Review and Adjudication Board in China. The motivation and reasons are not the same because China, as a nation state, cannot be compared substantively with EU-wide trademark protection, such as the CTMR. However, focusing on the similarities in the reform proposals that focus on trademark use, this chapter observes that the reforms in China seem to be converging with the European system to a certain extent. The chapter concludes by noting that despite the absence of formal legal instruments between China and the EU, commonly faced problems may informally direct the attention of Chinese legislation towards the solutions used and adopted elsewhere, in this case Europe.
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