Table of Contents

Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe

Elgar Intellectual Property and Global Development series

Edited by Nari Lee, Niklas Bruun and Mingde Li

Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe. This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing institutions.

Chapter 8: Parallel trademark law reforms in China and Europe – an informal convergence?

Liguo Zhang and Max Oker-Blom

Subjects: law - academic, asian law, intellectual property law


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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