The protection of well-known marks in Taiwan: From case study to general theory

• Main Author: LIU, Kung-chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2000
• Subjects: Asian Studies; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3124; https://ink.library.smu.edu.sg/context/sol_research/article/5082/viewcontent/90TrademarkRep866__1_.pdf
• Institution: Singapore Management University

Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which is commonly considered as the first trademark act in the nation's history,5 became effective. Given the fact that before 1949 more than half of the registered trademarks were owned by foreigners, it can be concluded that the Trade Mark Act mainly served the needs of foreigners who also enjoyed extraterritoriality. This especially was the case with regard to the protection of well-known marks. In 1949, the Nationalist government of the Republic of China moved to Taiwan.