Study on the Improvement of China's Unregistered Well-known Trademark Clause under CPTPP Rules

Abstract

In September 2021, China officially applied to join the CPTPP. On February 17,2022, the spokesperson for China's Ministry of Commerce stated that China is willing to reform and strive to fully meet the standards set by the CPTPP rules. Through a comprehensive and detailed study of the CPTPP's provisions on unregistered well-known trademarks, it was found that China's protection of unregistered well-known trademarks is insufficient; pre-litigation remedies cannot be practiced, nor can claims for civil compensation for unlawful infringement be made; there is a lack of cross-class protection for unregistered well-known trademarks. In response to these issues, further efforts can be made to establish the legal status of unregistered well-known trademarks; improve the damage relief system for unregistered well-known trademarks; and establish a conditional cross-class protection system for unregistered well-known trademarks. By benchmarking against and drawing on the high-level intellectual property provisions of the CPTPP, China can transform them into Chinese-characteristic intellectual property protection rules, and be ready to join the CPTPP and meet the challenges at any time.