In March 2017, ARCIALA celebrates the “Greater China IP Month” and is proud to host Professor Xiuqin Lin as Visiting Professor during the period 5-9 March 2017. Professor Lin will deliver two public lectures related to the theme “Trademark Protection in China: Recent Developments and Strategies”. The first lecture will be delivered on 6 March 2017.
Synopsis
In China, trademark law is based on the registration, instead of the use, of a trademark, and trademark rights may be obtained by registering a mark without proving actual use or intent to use. However, the newly revised China’s Trademark Act 2013 gives some consideration to the concept of trademark use. In a recent administrative case between Shen Huanhua v. China’s Trademark Review Adjudication and Board, the Supreme People’s Court emphasized the importance of the use of a trademark and dismissed the registration without true intention to use. In particular, the court held that the application to register a trademark should be accompanied by a genuine intent to use the mark. Likewise, it is not appropriate to register or accumulate large number of trademark without intent to use. Such accumulation unjustly usurps public resource and disturbs trademark registration order, and thus should not be permitted. In this lecture, Professor Lin will examine the following issues: how to interpret Article 10 of China’s Trademark Act on registration, especially article 10 (8) on “unhealthy influence,” and how Chinese court interpret the concept of “use” of a trademark.
Speaker
Professor Lin is Deputy Dean of the School of Law and Director of the Intellectual Property Research Institute at Xiamen University. She is the also Deputy Director of the Academic Committee for China’s Economic Law Association, and an executive member of the Standing Committee for China’s Intellectual Property Law Association. Professor Lin’s articles have been published in prestigious legal journals. She is the author of several books: “The Patent Compulsory Licensing under the TRIPS Regime” (2006), “The Legal Mechanism on Promoting the Technological Innovation” (2011), and “The Creation, Application and Protection of Intellectual Property”(2010). Professor Lin holds a LL.B. from Southwest University of Political Science and Law, a Master and a PhD degrees from Xiamen University, and a Master in Legal Research from Oxford University. She was a visiting scholar at University of London and the University of Cambridge in 1998-1999. She has also been a visiting research fellow at Max Planck Institute for Innovation and Competition.
Programme
2.30pm - Registration
3.00pm – Lecture
4.30pm – Discussion and Q & A
5.00pm - End of Event
Public CPD Points - 1.5 points
This programme is an Accredited CPD Activity under the SILE’s CPD Scheme. Participants who wish to claim CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. This includes signing-in on arrival and signing-out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.silecpdcentre.sg for more information.
Click here for the newsletter and registration link.
This event is organized with the support of the Intellectual Property Academy of Singapore.
Last updated on 16 May 2018 .
