Brigham Young University Prelaw Review


Trademarks, Chinese Trademarks, China, United States, TRIPS, TRIPS-Plus, Intellectual Property


The United States and China have attempted to make a free trade agreement on several occasions over the last few years. A potential amalgamation between the two countries is of particular interest because the United States and China are two of the world’s largest economic powers. This paper discusses what trademark minimum standards should be placed in the agreement and proposes that explicit adherence to TRIPS be made the backbone. The paper will identify several specific trademark problems in China and how stricter adherence to TRIPS can abate these internal issues. The proposed method of using TRIPS as the backbone makes this proposition a TRIPS-Plus approach. I argue that TRIPS-Plus in China is helpful rather than hurtful because it will hold China to a higher standard and make their economy a more attractive place for trademark applicants.

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