Junsong Feng (LLM)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 89 - 120
Abstract: In mainland China, trademark bullying and anticounterfeiting campaigns are clearly intertwined and are mainly enforced by professional anti-counterfeiters by filing bulk lawsuits against small businesses at the end of the counterfeiting chain. This strategy distorts the original purpose of anti-counterfeiting efforts. This paper compares this issue to the situation in the United States and analyses the Chinese judiciary’s current response through a quantitative analysis of publicly available court documents. The measures envisaged by the judiciary are to utilise the rules of statutory damages and the legitimate source defense to direct the battle of the anti-counterfeiting campaign to the source of counterfeit. This paper analyses this judicial response and makes suggestions for its improvement.
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