Comparative Study On Protection Of Well Known Trademarks In China And Tonga

This paper examines the systems of trademark law and protection in China and Tonga with special regard to the class of trademarks known as well-known marks.This small but important class of marks affords special distinction to the goods and services associated with such marks, and is considered to provide a greater measure of protection against abuse or infringement of usage rights.Analysis and comparison of the trademark systems in China and Tonga reveals recent comprehensive legislation in both countries aimed at boosting protection of trademark rights in congruence with international standards.China's laws in this regard are more robust and sophisticated than Tonga's,as can be expected from the vast difference in size and economic scale between the two countries.However,both countries share some of the same issues in developing and administering an efficient trademark registration and protection regime that encompasses the special situation of well-known marks.Research shows that while the number of trademarks recognized as well-known trademarks in China is a mere fraction of the total number of trademarks registered,the number of administrative applications and court cases involving well-known marks has been increasing since the last amendment of the Trademark Law in 2001 and Provisions on the Determination and Protection of Well-Known Trademarks in 2003.Domestic well-known trademarks outnumber foreign well-known trademarks,a reflection of the awareness among Chinese goods and services providers of the market advantages in gaining well-known trademark status.The special advantages of well-known trademark recognition do not play a prominent role as yet in Tonga,however Tongan law does mention well-known marks and potential advantages exist for developing laws and administrative procedures in this regard as the Tongan economy develops. At that time,Tonga could likely gain useful insights from the development of the Chinese system of well-known trademark establishment and protection. Solutions to common problems include developing greater specificity in laws and regulations concerning well-known marks,improving administrative efficiency and decreasing application processing times,and enhancing enforcement and prevention of well-known trademark violations through better deterrents.Developing stronger deterrents could include increasing the amount of monetary damages awarded in civil infringement cases,and lowering the threshold for criminal liability when infringement has been proven.An area of well-known trademark infringement that is likely to grow in China and elsewhere concerns use of domain names and cyber squatting.China has already had a number of prominent and instructive cases in this regard,underlining the importance of registering foreign well-known trademarks in China under the current registration system while also signaling potential infringers that they must be aware of and avoid using well-known marks in their domain names and website addresses.