Chinese trademark law establishes a trademarks trial and appeal board, which applies the law to issue judgments on trademark matters. China’s Trademark Trial and Appeal Board is part of the National Intellectual Property Administration, and its role is provided in Section 2 of the Trademark Act. The Board protects the legal rights of parties by reviewing and ruling on disputes over trademark rights, making it central to trademark rights enforcement in China.
Difference Between Courts
The Board is statutorily empowered as an administrative law judge. Both the Board and trial courts follow the statutory rules of procedure when hearing cases. The Board issues judgments and notifies parties, and courts hearing trademark cases follow the same statutory procedures designed to ensure equity.
Trademark Trial and Appeal Board judgments are not binding and are not considered judicial acts, rather they are administrative law judgments subject to judicial review. In contrast, judgments in the judiciary are final.
Comparative Law
Compared with United States law, the trial and appeal board for trademarks in China has relatively greater power. This is because the trademarks statute in China affords the board with great independence, whereas Chinese law courts are treated as an administrative agency of the legislature and lack the same level of independence that US courts have.
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