On The Process Of Sino-foreign Joint National Trademark Protection

In China's Market, there is a noticeable phenomenon that a number of China's famous brands which were formerly well-known by Chinese consumers have disappeared. Those Chinese brands still in use are not owned by Chinese enterprises but foreign holding enterprises in the form of joint ventures. After China's reform and opening-up, Chinese enterprises started establishing joint adventures with foreign-funded enterprises to foster their faster development. Seen from the analysis to their practical performance, the output capability of our enterprises has been increased apparently. During the same period, however, many foreign brands have been used after the establishment of these joint ventures while a great number of China's outstanding trademarks either disappeared or were replaced by foreign ones. From typical case studies, the writer tries to find the reasons why this phenomenon took place and bring forward the counter measures. The article comprise 5 parts:In part one, the article illustrates the statistics of China's famous brands participating in the joint investment and gives a vivid description to the loss of China's brands in the process of building joint ventures.Part two gives an empirical study to the harms caused by the loss of China's trademarks in the process of building joint ventures. Firstly, it demonstrates that the Chinese enterprises have been seriously damaged by the loss of trademark right in this process. For instance, it causes Chinese enterprise not able to form independent market competitiveness, to lose the foundation of independent technological innovation in the future and to slow down their accumulation of capital. Secondly, it argues that this process has also harmed China's economy, facilitated the monopolization of foreign investment and gave a heavy blow to China's national industry.The third part discusses the main strategies foreign enterprises take in the process of infringe on Chinese Enterprises' trademark, including forcing Chinese enterprises to transfer their trademarks through strategic losses, weakening Chinese trademark's competitiveness to gain the right to use our trademark, gaining Chinese enterprises' trademark through the acquisition of China's enterprises.The fourth part demonstrates the flaws in the protection of trademarks by Chinese government and enterprises. It firstly argues that Chinese enterprises lack the consciousness of trademark protection. Their protecting method are so weak that when the trademarks are violated by foreign-funded enterprises, they don't have any effective relief method In the second place, our government doesn't attach importance to the protection of national brands, including lack of supervision of foreign investment, the wrong achievement view held by local governments, lack of assessment system for the trademark value and lack of the trademark transaction system.The final part brings forward the counter measures to the acts of trademark infringement made by foreign enterprises. Above all, our government should promote the transformation of our country's economic growth mode, strengthens supervision of the foreign-funded enterprise when they enter our country, and establish and consummate transaction system of intellectual property rights t as soon as possible. Next, our country enterprise should guarantee the completeness of self trademark rights. Moreover, they must seek the legal relief when the trademark rights are violated by the foreign-funded enterprise promptly. Accordingly, the corresponding departments of law and intellectual property should be established within Chinese enterprises.