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Well-known trade marks, foreign investment and local industry : a comparison of China and Indonesia

Antons, Christoph and Wang, Kui Hua 2015, Well-known trade marks, foreign investment and local industry : a comparison of China and Indonesia, Deakin law review, vol. 20, no. 2, pp. 185-219, doi: 10.21153/dlr2015vol20no2art519.

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Title Well-known trade marks, foreign investment and local industry : a comparison of China and Indonesia
Author(s) Antons, Christoph
Wang, Kui Hua
Journal name Deakin law review
Volume number 20
Issue number 2
Start page 185
End page 219
Total pages 35
Publisher Deakin University School of Law
Place of publication Burwood, Vic.
Publication date 2015-12
ISSN 1321-3660
1835-9264
Keyword(s) well-known trade marks
China
Indonesia
Summary Strengthened protection for well-known trade marks in accordance with the TRIPS Agreement is an important issue for developing countries, which has led to trade pressures from industrialised nations in the past. ‘Trade mark squatting’, referring to the registration in bad faith of foreign well-known marks in order to sell them back to their original owners, is a much discussed phenomenon in this context. This article outlines the history and development of well-known trade marks and the applicable law in China and Indonesia. It looks not just at foreign and international brands subjected to ‘trade mark squatting’, but also at how local enterprises are using the system. Rather remarkably in view of the countries’ turbulent histories, local well-known marks have a long history and are well respected for their range of products. They are not normally affected by the ‘trade mark squatting’ phenomenon and are rarely the subject of disputes. Enhanced protection under the TRIPS Agreement is especially relevant for international brands and the article shows the approaches in the two countries. In China, government incentives assist the proliferation of nationally well-known and locally ‘famous’ marks. In Indonesia, lack of implementing legislation has left the matter of recognition to the discretion of the courts.
Language eng
DOI 10.21153/dlr2015vol20no2art519
Field of Research 180115 Intellectual Property Law
1801 Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category CN Other journal article
Grant ID DP130100213
Copyright notice ©2015, The Authors
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30081715

Document type: Journal Article
Collections: Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.