The Comparative Study Of Protecting Well-known Trademarks In China And Japan

A trademark is a sign which can visually distinguish thecommercial sources of its products or services from those of otherentities. Once a trademark establishes its credibility in the market,it represents certain amount of quality and as a result creates goodwill.Thus, it is no wonder that a trademark is quite efficient for businessorganizations.In fact, trademarks can get legal protection as far as trademarkholders designate and the range of trademarks restricts not onlyto registered products or services but also to similar ones. Oncetrademarks get to have high profile, people tend to freeride to seekfor the product recognition in the field to which law does not apply.It is quite difficult for trademark holders to prevent others fromfreeriding, which indicates the protection of well-known trademarksis the issue that should be taken into account.Moreover, trademarks are legally effective only in the countrytrademark holders registered, which is to say, trademarks can not beprotected outside the country in which they are registered. There arerisks that well-known trademarks might be registered by someone elsein other countries where trademark holders do not resister yet.Therefore, the international protection of well-known trademarks isquite important as well.To strengthen the international Drotection of trademarks, Paris Convention for the Protectionof the Industrial Property in 1883 andAgreement on Trade-Related Aspects of Intellectual Property Rightsin Annex IC of the Marrakesh Agreement Establishing the World TradeOrganization in 1994 were legislated. As a result, the participatingcountries at those treaties have an absolute duty to protect well-knowntrademarks. However, as the enforcement method is different in eachcountry, it isnecessaryto take into consideration whether well-knowntrademarks are validly protected or not.After China joined in the World Trade Organization, the tradevolume between China and Japan has been increasing year by year. Inresponse to its increase, more and more Japanese companies come toinvest in China. Under these circumstances, disputes occasionallyarise over well-known trademarks between these two countries. Thispaper will examine how China and Japan should approach the issue abouthow to protect well-known trademarks in the future by focusing on thedifferences of the way to protect well-known trademarks and on thefeatures of Trademark Law in each country.