Protecting Well-Known Marks in China: Challenges for Foreign Mark Holders

摘要

thorities bow to local pressures. The judicial system offers hope in the form of decisions based on internationally accepted IP principles, but the court system continues to lack transparency, as few decisions are translated and the premise on which a case is based is often not divulged. China seems well aware of the challenges MNEs face. The government defends its effort to protect well-known marks, pointing to a variety of campaigns and programs aimed at enforcing its IP laws, while simultaneously conceding that large-scale improvements are needed. China's 2007 Action Plan is a testament to the tension between China's repeated commitments to improving IP protection and its inability to implement and execute meaningful reforms. Nevertheless, China's recognition of its own shortcomings in protecting IP, together with pressure from the United States and other countries, should continue to improve protection of well-known marks.