Chapter 8 The Crystallization of International Norms
A Case Study on Diffusion of Trademark Norms in Early-20th Century China
In: Intellectual Property and the Law of Nations, 1860-1920Search for other papers by Ainee Adam in
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Abstract
Trademark protection is inherently territorial in nature. The first wave of globalization in the nineteenth century, however, saw a marked increase in the trade of merchandises between nations. This inevitably raised concerns regarding trademark, its infringement as well as remedies for such infringements in foreign lands. The growing importance of trademark protection subsequently persuaded governments to include reciprocal trademark protection clauses in bilateral commercial treaties. This meant that Nation A would provide protection to trademarks from Nation B as per Nation B’s law and Nation B would extend similar protection to trademarks from Nation A. While reciprocal protection may, at times, result in better protection for foreign trademarks, it may also result in lesser protection as compared to those given to the local trademarks. This is highly dependent on the level of protection provided by the laws of both Nations A and B. This chapter explores these dynamics at the turn of the twentieth century in China.