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On August 2013, the People's Republic of China adopted the third amendment to trademark law. This new amendment law focuses on multiple measures to facilitate trademark registrations, further safeguard the fair and competitive market order, strengthening protections to exclusive trademark rights. This amendment law is more efficient than the previous one. To be more specific, the new law accepts multi-class applications, online applications system, and non-traditional trademark(but only sound trademark). Also, it changes that opposition procedure which limits the opponent of prior right cases from any entity to prior right owner of interested party. In some parts, legal clarity is substantially improved by this amendment with dividing into invalidity and cancellation system; defining the trademark use notion; establishing criteria for well-known trademark. In other parts, protection level on trademark is elevated and advanced stages, as the law refers the duty of good faith; enters into details about prior use rights; adopts the punitive damages and higher fine for violation. With this Chinese modified law, there are many similarities between Korea and China trademark law. In trademark application procedure, China changed applications system from single class to multi-class applications which Korea also adopted. Additional revision procedure is established without revision of commissioner in Trademark Office. It could be clear legal effects by division between trademark invalidation grounds and cancellation one, and by definition of trademark use. There are differences as there are such similarities. Enacting time limits on examination in Chinese law is worthy of notice, this can be affect reduction of backlogs. For this reason, China also statutes the limits on the opposition procedure. Especially it is noticeable protection provisions: punitive damages and increasing the amount of statutory damages(RMB 3 million). And it was strengthened the statutes on the duty of agent or representative of the person who is the owner of a trademark application. These changes could be affect two countries relationship, especially Korea-China FTA, RCEP, and TPP. And I hope this article be useful of having a strong tie between two countries.

목차

I. 서론
 II. 중국 상표법의 개정 배경
 III. 상표등록절차의 개선
  1. 1상표 다류출원과 전자출원
  2. 보정절차의 개선
  3. 심사기한에 대한 법정기간 규정
  4. 무효와 취소의 구분
 IV. 공정한 시장경쟁질서 보호
  1. 신의성실원칙(诚实信用原则)의 규정 신설
  2. 유명상표(驰名商标) 요건의 명확화와 저명상표(著名商标)사용의 제한
  3. 이의신청절차 개선
  4. 상표 사용의 정의규정 신설
  5. 불사용취소심판 등 상표사용에 대한 의무 강화
  6. 선사용권 등 정당한 사용에 대한 규정 신설
 V. 상표권의 보호 강화
  1. 상표보호대상의 명확화(소리상표의 보호 등)
  2. 상표대리기구의 의무 강화
  3. 침해에 대한 손해배상액의 상향
  4. 징벌적 손해배상 규정 신설
 Ⅵ. 결론
 참고문헌
 

키워드

중국 상표법 이의신청절차개선 저명상표의 보호 불사용취소심판 상표사용 개념 소리상표 징벌적 손해배상 China trademark law Opposition procedure Well- known trademark Famous trademark Trademark cancellation trial based on non-use Sound trademark Punitive damages

저자

• 이인혜 [ Lee, Inhye | 한국지식재산연구원 전문연구원 ] 주저자
• 이헌희 [ Lee, Heonhui | 한국지식재산연구원 부연구위원. ] 교신저자

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