Publication Type

Journal Article

Version

publishedVersion

Publication Date

11-2000

Abstract

Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which is commonly considered as the first trademark act in the nation's history,5 became effective. Given the fact that before 1949 more than half of the registered trademarks were owned by foreigners, it can be concluded that the Trade Mark Act mainly served the needs of foreigners who also enjoyed extraterritoriality. This especially was the case with regard to the protection of well-known marks. In 1949, the Nationalist government of the Republic of China moved to Taiwan.

Discipline

Asian Studies | International Trade Law

Research Areas

Innovation, Technology and the Law

Publication

Trademark Reporter

Volume

90

First Page

866

Last Page

888

ISSN

1911-2020

Publisher

International Trademark Association Publication

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