Seminar on “Advanced Legal Issues of Trademark Law and Geographical Indications”
A seminar on the “Advanced Legal Issues of Trademark Law and Geographical Indications” was successfully held in the auditorium of Shanghai Bar Association on July 1st, 2009. The meeting was jointly organized by Intellectual Property Law Research Committee of Shanghai Bar Association and Tongji University Intellectual Property School.
Lawyer, Liu Feng, the deputy director of the Intellectual Property Law Research Committee hosted the meeting. Addressing at the beginning of the meeting, Pro. Tao Xinliang -- the dean of Shanghai University Intellectual Property School, delivered a speech titled “The Third Revision of Trademark Law and Well-known Trademarks”. He summarized the advantages and disadvantages of well-known trademarks restrained by law from a macro perspective, and offered his view on how to protect the well-known trademarks. Dr. Zhang Weijun, from Tongji University Intelluctual Property School, shared a speech titled “The Contribution of Market Reputation to Cognizing the Well-known Trademarks”. He pointed out the difference between the market reputation and popularity. He said that the market reputation has a postive effect on cognizing well-known trademarks; however, whether having a good market reputation or not is not a necessary requirement for recognizing well-known trademarks. It is acceptable if the company is at a low ebb, and the temporary failure will not affect its fame. Then the senior lawyer Shan Xunping, from Shanghai Branch office of Beijing Dacheng Law Firm, made a speech entitled “Questions on Submitting Evidences of Well-known Trademarks Cognizance in Trademark Opposition”. She illustrated the issues from a practical angle involving adducing evidence of cognizing well-known trademarks in trademark opposition.
Another topic concerning Geographical Indications named “The Research on Issues Concerning the Protection on Geographical Indications” was delivered by Pro. Liu Xiaohai -- the doctoral supervisor of Tongji University Intellectual Property School. He gave the definitions of geographical indications from both narrow and broad senses and also analyzed the legal protections related to geographical indications from various angles. Lawyer Zhong Yi, Partner of Shanghai Runhe Law Firm, also the initiator of this website (G·IPRs), delivered a speech entitled “Geographical Indications and Trademarks – Research on Term Discriminations and Fair Use.” He illustrated the connections and differences of related terms from administration and civil legal nexus combining with several cases. Besides he also explained what the fair use of geographical indications and trademarks is.
The seminar provides a communication platform for both scholars and lawyers, encouraging the interaction between and combination of the theory and practice.
Trainee: Doris Ding
G·IPRs, 2009-07-02