중국 중재시장 개방에 따른 중국 진출 기업의 상표권 침해 분쟁 중재 가능성

Abstract

Unique culture of so-called ‘bandits (Sanjjai)’ which favors copied- products and regional protectionism in administration and judicial authority are critical impediments to fair solution of trademark infringement cases in the territory of China. China has been facing continuous requests from international society for more advanced standard of protecting intellectual property, especially in trademark. In order to meet these requests, Chinese government recently announced Critical Points for Intellectual Property Strategy and further Supreme People’s Court decided to annul a malicious preoccupancy case based on first-to-file system of trademark. In an trademark infringement dispute, it should be noted that lawsuits for intellectual property usually takes long time and high price. Difference between central and local government’s viewpoints regarding intellectual property also needs to be resolved in China. This paper mainly suggests that arbitration can replace lawsuits in a certain degree if validity of arbitration is cleared and a nation’s consciousness of intellectual property is enhanced in trade mark infringement cases. Recent case of Longlide Packaging Co. Ltd. v. BP Agnati S.R.L shows that an international arbitral decision made under international arbitration center such as ICC can be acknowledged and enforced in the territory of China. China’s active attracting international arbitral organizations is also a sign of enhanced acknowledgement and enforcement of non-domestic arbitral decisions. Korean government also needs to make concentrated effort to improve compatibility in international arbitration market since Chinese government has been visibly improving its capability of becoming a Hub of Asian international arbitration market.