Journal of Shanghai University (Social Science Edition)

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Research on the Rules of Trademark in TPP Final Text as Well as #br# Related Influence on China and Corresponding Measures

  

  • Received:2016-03-18 Online:2016-05-15 Published:2016-05-15

Abstract:

 On the basis of 2011 American draft and 2013 draft released by WikiLeaks, provisions of trademark in TPP gradually become complete, which have distinct characteristics and include a wide range of fields. The latest provisions of trademark in TPP further enrich the contents of law enforcement, pay attention to the balance between fairness and efficiency of enforcement procedures, set up diversified tort compensation systems, aggravate the parties’ obligation to take border measures and lower the standard for identifying a trademark infringement as violating the criminal law. Facing a set of latest changes in rules, it is necessary to recognize the difference and disparity between TPP and trademark law of China and to take corresponding measures, such as consummating domestic trademark legal system and accelerating the formation of global free trade zone network with higher standard, in order to diminish negative impacts from the new rules in TPP on China.