Analysis Of "Cadbury V. Trade Commissioner Case"

In recent years, due to intellectual property rights infringement, there is an increasing number of administrative proceedings, among which the main part is trademark infringement. Up till now, China doesn't have strict legal provision for well-known trademark identification. Besides, the administrative proceedings relating to intellectual property right is different from general ones, and has independency. A lot of issues and problems still exist in juridical practice. The legal concept for identification of well-known trademark is obscure and no rigorous legal assessment basis, which contains a lot human cognitive factors. Thus, it is a huge gap between such issue above and the Chinese basic principle of running the country according to the law. In France, we don't see similar institutions as Chinese Trademark Appeal Board. Instead, the court takes charge of identification of trademark and other related intellectual property rights issues. However France shares the same mechanism as China's judicial determination. So the evaluation assessment should require one department to assess not two departments as in China. I believe for the Trademark Appeal Board established by State Administration for Industry & Commerce, which is a specialized administrative and legal institution and in charge of trademark review process, there is no doubt that it should have administrative main subject qualification in the proceedings. For the identification issue of well-know trademark, there should be a reliant legal basis. According to the Trademark Law of the People's Republic of China's relevant legal provisions and Paris Convention, when domestic law is conflict with international law in court practice, international law has the priority. After a discussion of China's administrative proceedings, this paper aims to find out the application and meaning from the infringement of intellectual property related issue and administrative main subject identification problem and from related legal process and abrogation of judgment in administrative proceedings, using the typical case of Cadbury Schweppes plc suing Trademark Appeal Board.This article altogether divides four partsThe first part introduces the case, and summarize the case caused legal problems.The second part of the Trademark Appraisal Committee as the defendant in administrative litigation subject qualification analysis.The third part of the legal case analysis and administrative illegal behavior cognizance. The fourth part of the case about the cancellation decision content analysis.