How Can Trademark Recording Affect The Bona Fide Third Party

(Author: Frank Liu; Source: Chang Tsi & Partners)

Regarding “Without record-filing, the trademark licensing is not effective against bona fide third parties” stipulated in Article 43 of the revised Chinese Trademark Law, there are still misunderstanding and arguments in this regard. We would like to address the issue based on our understanding of the Chinese laws.

I. The General Principle of Relevant Laws

a) The trademark license is still a contract; therefore, principle of autonomy of the will in Contract Law and the principle of bona fide acquisition in Civil Law are . . .

This content is restricted to subscribers. Please login if you are an existing user.