Protecting trademark rights in China through litigation

This note examines the potential of trademark right enforcement through commercial litigation in the People's Republic of China ("China"). The note first summarizes the current state of trademark law in China. It then illustrates, through an analysis of a number of recent suits filed by foreign companies against local infringers, the jurisprudential approach taken by Chinese courts in applying trademark law. Drawing on the above discussion and contrasting the Chinese jurisprudential approach with American courts' application of trademark law, the note concludes with practical proposals for foreign companies to adapt their trademark enforcement strategies to the legal conditions in China. Adapted from source document.