What Has Been the Impact of the Trademark Law on Trademark Litigation

Since China’s WTO accession, trademark litigation has boomed along with nearly other IPR-related statistics.  From 2002 to 2011, all levels of court accept the trademark civil disputes over 45,706 cases, with an average annual growth rate reached 39.8%.  Litigation involving trademark validity at the Beijing No. 1 Intermediate Court grew even quicker from 2007 to 2011, to 5383 cases, and the annual average growth rate reached 57.2%.  Trademark criminal cases numbered 8194 during this period, with an average annual growth rate of 27.9%.    In sum, administrative validity cases have grown the quickest by far – due in part to the rapid growth in TM filings.  Administrative cases were  followed by civil cases and then criminal cases, and all of them showed double digit growth.  (Source: www.bipi.org).

The China Challenge

In testimony on December 13, 2011 before the Congressional Executive Commission on China on the 10th anniversary of China’s WTO accession, former Under Secretary Grand Aldonas,  stated that our “two countries operate from fundamentally different assumptions about the organization of economic activity, the nature of competition, and the role of the state in the economy in their respective home markets…” Continue reading