France, as the first country to establish a trademark registration system, has developed a unique legal framework and practical experience over a century. China, as a representative of emerging economies, has also made significant progress in trademark protection in recent years. This article will compare the trademark protection systems of France and China, exploring the collisions and integration of legal wisdom between the two countries.

I. The Essence of France's Trademark Protection System

Long History and Comprehensive Legal System

France is the first country in the world to establish a trademark registration system, with over a century of legislative history in trademarks. Its protection system is centered on the French Intellectual Property Code, supplemented by international treaties like the Paris Convention for the Protection of Industrial Property. This system covers the registration, use, and management of trademarks and sets clear standards and penalties for trademark infringement, providing robust legal protection for trademark owners.

Unique Registration and Management System

France follows the "first-to-file" principle but also allows the "prior use" claim under certain circumstances. There are few restrictions on what constitutes a trademark; text, graphics, colors, sounds, etc., can all be registered. The French National Institute of Industrial Property (INPI) oversees the examination and management of trademarks, ensuring legality and uniqueness through both formal and substantive examinations. Once registered, trademark owners enjoy exclusive rights and can prohibit others from using identical or similar trademarks on similar goods.

Strict Infringement Penalties and Judicial Protection

France has stringent measures against trademark infringement, including civil and criminal liabilities. Under the French Intellectual Property Code, actions like infringement of registered trademark rights and related acts of imitation and use can be penalized with imprisonment and fines. Courts can also impose sanctions like business suspension on infringing entities, effectively deterring potential infringements and maintaining market order and fair competition.

II. Evolution of China's Trademark Protection System

Rapidly Developing Protection System

With rapid economic growth and expanding international trade, China's trademark protection system has evolved significantly. In recent years, China has continuously improved its trademark laws and enforcement, enhancing registration and management efficiency to provide comprehensive and efficient protection for trademark owners.

Registration-Based Protection Model

Like France, China adopts a registration-based trademark protection system. According to the Trademark Law of the People's Republic of China, any sign that distinguishes goods of natural persons, legal entities, or other organizations from those of others can be registered as a trademark. The system follows the "first-to-file" principle and involves both formal and substantive examinations. Once registered, the owner enjoys exclusive rights protected by law.

Strengthening International Cooperation and Judicial Protection

China actively participates in international trademark protection cooperation, joining several international treaties like the Paris Convention for the Protection of Industrial Property and establishing cooperation mechanisms with many countries and regions. Judicial protection in China involves courts handling infringement cases to strictly punish violations and protect the rights of trademark owners.

III. Comparison of Trademark Protection Systems in France and China

Registration Principles and Examination Standards

Both France and China follow the "first-to-file" principle, but there are differences in examination standards. France has higher uniqueness requirements, prohibiting trademarks that merely include generic names or directly indicate product quality. China also requires distinctiveness but is relatively lenient in practice. France allows "prior use" claims in some cases, while China mainly relies on the trademark registration certificate for rights determination.

Infringement Penalties and Judicial Remedies

France has stringent penalties for infringement, including civil and criminal liabilities, while China primarily uses civil compensation and administrative penalties. Judicial remedies in both countries provide litigation procedures and measures, but their implementation differs. For example, French courts can impose business suspensions, while Chinese courts typically enforce civil liabilities like stopping infringement and compensating for losses.

International Cooperation and Cross-Border Protection

As globalization advances, cross-border trademark protection becomes crucial. Both France and China actively engage in international cooperation and treaties to strengthen protection. France utilizes international mechanisms like the Madrid System for international trademark registration, while China mainly relies on bilateral or multilateral trademark protection agreements.

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France and China have both developed comprehensive legal systems and practical experiences in trademark protection. By comparing their systems, we see the convergence and integration of legal wisdom across different countries. As globalization deepens and companies expand internationally, cross-border trademark protection becomes increasingly important. The Kangxin IP Platform (eservice.kangxin.com) offers comprehensive protection services, helping companies gain a competitive edge in global markets. We look forward to more countries enhancing cooperation and exchange, collectively advancing global trademark protection.