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Major changes in the Chinese Trademark Law in the transitional period

Dong Huijuan and Lin Xiuqin

Keywords: Chinese Trademark Law; change; trademark use; prior use

The Chinese Trademark Law, revised for the third time in 2013, was devised to achieve new goals and to move towards the stronger protection of right-holders. There are some changes or trends in the legislative and judicial practice worthy of attention, for instance placing greater emphasis on trademark use (including factual use), different interpretations of such use, changes in the recognition and protection of ‘well-known trademarks’, the ‘prior use’ defence, and so on. These alterations might cause new debates or discussion on some essential problems in trademark law. On the whole, Chinese Trademark Law has been amended towards ‘internationalization’ and market orientation.

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