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Full-Text Articles in Intellectual Property Law
Trademark Apologetic Justice: China And The Three Laws, Xuan-Thao Nguyen
Trademark Apologetic Justice: China And The Three Laws, Xuan-Thao Nguyen
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The article will proceed as follows. Part I discusses the three bodies of law constituting China’s trademark jurisprudence by tracing the development of Trademark Law, Anti-Unfair Competition Law and Civil Law. All of these laws contain relevant provisions pertaining to trademark reputation and remedies, including injunction, damages and public apology to eliminate any bad effects. As China Supreme People’s Court has a significant role in shaping trademark jurisprudence and apologetic justice, Part I also analyzes judicial directives that provide guidance and instructions to the lower courts in addressing trademark reputation remedies.
An analysis of only statutes and judicial directives, however, …
Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen
Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen
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It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different.
One notable aspect of Chinese intellectual property law is the availability of apology as a remedy. Despite a culture that places a high value on apology, and considerable legal scholarship and precedent regarding apology as remedy, many in the United States scoff at the notion of …